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

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