A/HRC/11/8
page 21
66. Although most States acknowledge the diverse background and needs of persons in
detention, they offer little indication of how this diversity is reflected in programmes and
curriculum offered, other than, for instance, referring to the provision of special language classes
for non-nationals (in Ireland, Lithuania, Switzerland and the United Kingdom).
67. The Special Rapporteur is concerned that some States, in which the number of foreign
citizens detained is low, note that there has been no need to elaborate separate programmes for
them. Concerning foreign nationals awaiting deportation, some States asserted that it served no
purpose to include such people in training courses. Such views contradict the very notion of an
equal right to education. Other States indicated that non-nationals awaiting deportation would
not be offered education programmes because of the short period spent in detention.
68. The age of penal responsibility and placement in detention facilities clearly has a
significant impact on educational opportunity and achievement. Fourteen to 15 years is the most
common age referred to by States as the age at which detention is permitted. In addition, most
States suggested that facilities for juveniles be distinct from those for adults, even in remand.
Furthermore, the common assertion was that such juveniles must follow compulsory education at
the primary level and, where offered, at the secondary level, and that the curriculum offered and
diplomas awarded are equivalent to the ones in public schools. For some juveniles, schooling
takes place in places of detention in a number of States, including Albania, Chile, Cyprus,
Guatemala, Guyana, Japan, Latvia, Lithuania, Mauritius, the Republic of Moldova, Singapore,
Trinidad and Tobago and the United Kingdom. For others in, for example, Algeria,
Burkina Faso, Guyana, Japan, Singapore, Switzerland, Trinidad and Tobago and Tunisia,
schooling may also be offered out of detention and in mainstream schools.
69. On a final and related note, it is clear that a number of States are at the early stage of
developing a coherent policy for education in detention, others are midway through, and others
yet are building on past efforts. All such efforts, however, should be underpinned by rigorous
research and the sharing of best practices. The Special Rapporteur believes that the replies
received to date do not generally leave the impression that this is currently the case despite, with
regard to best practice in particular, receipt of information concerning a number of very
interesting and innovative programmes from States, individuals and organizations alike.
B. Replies by intergovernmental organizations, non-governmental
organizations and civil society
70. Without the active involvement of dedicated individuals, academic institutions,
non-governmental organizations and intergovernmental organizations, education in detention
would be far poorer than is currently the case, or even non-existent in some institutions. For this
reason, the questionnaire was also distributed to a number of potentially interested parties
accompanied by a request for its further dissemination. The Special Rapporteur is immensely
grateful for the often very detailed replies received, including those from the United Nations
Educational, Scientific and Cultural Organization (Ecuador and Swaziland), the United Nations
Children’s Fund (UNICEF) (Malaysia), the Office of the United Nations High Commissioner for
Refugees, Defence for Children International, Human Rights Watch, Bureau international
catholique de l’enfance, the Quaker United Nations Office, World Vision International, Justice
Action, Dignity in Schools (and partners), the NSW Teachers Federation, the Intellectual
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