A/HRC/14/25 language-based disadvantage.59 The Special Rapporteur notes with interest that all children in Germany from the age of 12 months will, from 2013, have the right to early childhood education. 68. Of concern, however, is the inconsistency of policy and provision, most notably in refugee camps, the result of a lack of funding in quality and quantity of early childhood education programmes. This inconsistency contributes directly and indirectly to lifelong marginalization. 69. The normative and related investment focus on primary education, directly and negatively, impacts upon the quality, accessibility and availability of post-primary and tertiary education. Two contrasting examples illustrate this point. First, and markedly visible in refugee camps dependent upon international cooperation and investment, is a lack of appropriate infrastructure, learning materials and qualified specialized teachers for postprimary education. Second, and a recurrent individual perspective offered by questionnaire respondents seeking post-primary and tertiary education, were the almost insurmountable barriers to, or lack of, individual support. 70. Systemic and individual barriers to post-primary and tertiary education contribute to the perpetuation and consolidation of disadvantage in education generally, in post-primary60 and tertiary education specifically and of course in life. Correlated with this is the increasing perception that good quality post-primary and tertiary education for migrants, refugees and asylum-seekers in post-conflict States, and those who are particularly fragile, is fundamental to recovery from the aftermath of conflict and longer-term, more stable development.61 71. The Special Rapporteur consequently urges States, donors and intergovernmental agencies to look beyond the provision of primary education. Crucially, they should work collaboratively, creatively, and in participation with civil society, towards overcoming these and other barriers so as to make this possible.62 In this latter respect, the Special Rapporteur draws attention to the frequent absence of tertiary education from the migration and education dialogue, which should be remedied. IX. Conclusions and recommendations 72. The Special Rapporteur reminds States that their education systems should conform to the obligations set forth in the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and the objectives of the Education for All programme. Critically, these systems must also be able to respect and promote diversity on the basis of a global understanding of human needs. Similarly, the Special Rapporteur acknowledges that human rights law “does not sufficiently address the question of binding obligations of States to take positive 59 60 61 62 GE.10-12879 See the Managua Declaration. There still is a significant discrepancy between refugee enrolment in secondary school — 7 per cent — and the average enrolment of nationals — 18 per cent — in the least developed countries. From Foundation for the Refugee Education Trust (RET), annual report 2002–2003 (Geneva, RET, 2003). Pauline Rose and Martin Greely, “Education in fragile States: Capturing lessons and identifying good practices”, prepared for the DAC Fragile States Group Service Delivery Work Stream, Sub-team for Education Services. For instance, through ensuring greater access to financial support including scholarships, accompanied by the establishment and implementation of clear and unambiguous policy of tertiary education inclusive of all potential learners. 17