A/HRC/14/25
incomplete, as it fails to specifically and systematically address the circumstances of most
unaccompanied child migrants.23
29.
The Special Rapporteur is also concerned by the incomplete realization of the right
to education of migrants, refugees and asylum-seekers (or children thereof) of irregular
status. The Special Rapporteur thus welcomes the increasing recognition of equality of
treatment irrespective of legal status, as expressed in the International Labour Organization
(ILO) Migrant Workers Convention No. 143 (Supplementary Provisions) (arts. 1 and 9), the
United Nations Migrant Workers Convention, the final report of the 1994 International
Conference on Population and Development (principle 12) and the 2000 Council Directive
2000/43/EC of 29 June 2000 implementing the principle of equal treatment between
persons irrespective of racial or ethnic origin (para. 12). The Special Rapporteur, however,
views the lack of ratification of, in particular, the United Nations Migrant Workers
Convention (which by February 2010 had been signed by only 31 of the 192 United
Nations Members, of which virtually all are countries of emigration)24 as indicative of State
apathy in this area.
30.
The Special Rapporteur further notes that child migrants and refugees, often in
search of education and work opportunities, are particularly vulnerable to forced,
compulsory and exploitative labour and sexual abuse. International instruments, such as the
ILO Minimum Age Convention No. 138 and the European Social Charter (revised) (art.
7.2), establish 15 as the minimum age for both the completion of compulsory schooling and
entry into employment. Consequently, the increased reduction of the right to education in
elementary schooling undermines the protection of child migrants and refugees from
hazardous work. This is related to the understanding that education can, and should, serve
as an important tool to protect children from sexual and gender-based violence, HIV/AIDS,
military recruitment, crime and drugs, inter alia.
31.
Equally, restricted access to education jeopardizes entitlements to the knowledge
and skills and values that might directly contribute to societal development (democracy,
non-violent conflict resolution, mutual respect, tolerance and respect for the natural
environment) and full human development (personality, talents, mental and physical
abilities, the respect for migrants’ and refugees’ own culture, language and values), as
expressed in the Convention on the Rights of the Child (arts. 29, 31 and 32) and the 1993
Vienna Declaration and Programme of Action adopted by the World Conference on Human
Rights.
IV. Culture and social issues
32.
Prominent among the questionnaire responses was the perception that the cultural
diversity which follows as a result of migration ought to be valued as a resource, rather than
being conceived as an instrument of division. The Special Rapporteur found the repeated
statement that the migrant, refugee and asylum-seekers’ presence in national education
systems could be drawn upon more systematically to enrich and enhance non-formal and
formal learning environments, and thus the learning experience of all students.
33.
However, there continue to be tensions between national and migrant, refugee and
asylum-seeker communities. These tensions often reach levels of xenophobia, as both
23
24
GE.10-12879
See Jacqueline Bhabha, “Independent children, inconsistent adults: International child migration and
the legal framework”, Innocenti Discussion Papers, No. 2008-02 (Florence, UNICEF, 2008).
From http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV13&chapter=4&lang=en.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents