A/HRC/14/25
areas” (e.g. if certain jobs can only be held by nationals, or a legal requirement that
makes access to the housing market more difficult for extended families).68
80.
It is clear that the provision and exercise of inclusive education cannot alone
meet the challenge to social justice inherent in migration. It is but one central
component of the required national and international response. Its absence, however,
ensures that social justice remains beyond our reach.
81.
As such, the recommendations below must be accompanied by, and meet, the
powerful need for the development and implementation of social policies to protect
migrants, refugees and asylum-seekers against the adverse economic and social
consequences inherent to their vulnerability in the realization of their right to
education.69
82.
Regarding the legal and normative framework, the Special Rapporteur is of the
view that:
• To ensure the elimination of discrimination, and the successful integration and
social justice for migrants, refugees and asylum-seekers, the normative
boundaries of the right to education have to be shifted towards the inclusion of
all types and levels of education.
• Although there may be States which grant the right to education for migrants,
refugees and asylum-seekers although they have not ratified the respective
international instruments discussed earlier,70 the Special Rapporteur urges
Governments of immigration countries in particular to sign and ratify these
existing, relevant legal instruments.
• There is a need for the development of mechanisms that permit the monitoring
of the implementation of binding legislation and obligations regarding the right
to education for migrants, refugees and asylum-seekers.
• As the International Conference on Population and Development (1994)
identified migration as a consequence of significant global economic
transformations,71 the Special Rapporteur is particularly concerned by the fact
that half of the world’s out-of-school children — 39 million — live in conflictaffected areas.72 Moreover, as 80 per cent of all refugees are hosted by countries
of the developing world, which figure shows that a disproportionate burden is
carried by those least able to afford it,73 increased international cooperation
and sharing of responsibility is required, as called for in the International
Covenant of Economic, Social and Cultural Rights and the Dakar Framework
for Action adopted by the United Nations Educational, Scientific and Cultural
Organization (UNESCO) in 2000. As underdevelopment is a “principal root
68
69
70
71
72
73
GE.10-12879
See A Brief History of Neoliberalism, pp. 274–275.
See Rachel Sabates-Wheeler and Myrtha Waite, “Migration and Social Protection: A Concept Paper”,
Working Paper T2 (Development Research Centre on Migration, Globalisation and Poverty, Sussex,
2003), p. 12.
See António Gutierres, “Protection challenges for persons of concern in urban setting”, Forced
Migration Review, No. 34 (February 2010).
See Report of the International Conference on Population and Development (A/CONF.171/13),
preamble 1.10.
See Janice Dolan, Last in Line, Last in School: How donors are failing children in conflict-affected
fragile States (Cambridge, International Save the Children Alliance, 2007).
See “2008 Global Trends: Refugees, Asylum-seekers, Returnees, Internally Displaced and Stateless
Persons”; also http://www.alertnet.org/thenews/newsdesk/124516153829.htm.
19
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