A/HRC/10/66
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84. It was recommended that the Working Group use a human rights approach based on the
provisions of the CRC when it addresses the issue of children of African descent. It was also
proposed that the Working Group endorses the recommendations contained within the
United Nations United Nations Study on Violence Against Children. The Working Group was
also encouraged to continue examining the situation of children of African descent, to strengthen
collaboration with human rights mechanisms, to invite civil society to submit information on the
situation of children of African descent, to take into consideration the issue of children during
the forthcoming country visits and to contribute to awareness-raising on the subject.
Access to education by children of African descent
85. Ms. Sahli, expert of the Working Group, made a presentation on access to education by
children of African descent. She recalled that access to education is a fundamental human right.
It was noted that apart from physical violence, a child’s not being allowed to have an education
constitutes moral violence. The right to education constitutes a chance for equal opportunities.
Again, an intersectoral analysis was noted as important. For instance, girls of African descent
face three kinds of vulnerability: they are children, they are of African descent and they are girls.
Furthermore, access to education is linked to access to healthcare services, housing, poverty etc.
86. The importance of the quality of an education was underlined. The contents of the school
curriculum, for instance history, can make a child feel excluded. Education has the potential to
erase the roots of discriminatory attitudes and marginalization and promote respect and
tolerance. States need to increase the effectiveness of national measures in this regard and fully
implement the Convention on the Rights of the Child and the provisions of the Durban
Declaration and Programme of Action.
87. The expert explained that a “zone by zone” approach takes into consideration the different
conditions that determine access to education in rural and urban areas. A transversal approach
focuses on the visibility of a child in the education system. Children who are excluded from
educational systems are not visible. The bi-polar approach to education focuses on the situation
of children of African descent in developed countries, where a certain dress code may become a
reason for exclusion.
88. Ms. Sahli recalled the obligation of States to protect children without discrimination and to
ensure equal access to education, taking into account the special vulnerability of children of
African descent and the importance of education for their empowerment.
89. The expert made the difference between the right of access to education in developed and
developing countries. Ms. Sahli mentioned that children of African descent in developing
countries are subjected to discriminatory conditions with regard to access to education and that
States should take measures to ensure that children enjoy the full protection and guarantees
against all forms of discrimination and adopt national legislation in accordance with international
human rights standards. On the other hand, although developed countries have recognized the
right to education, the education system still involves segregation, whereby children of African
descent are given access to education, but confined to separate or inferior schools. The expert
said that the most challenging stage of implementing the right to access education requires that
States adapt their education systems to enhance equal enjoyment by all.