A/HRC/14/25
organizations.2 The questionnaire invited addressees to share a broad range of practices,
experiences and expertise with the Special Rapporteur on the following: the demographic
and sociological characteristics of cross-border migrants; the educational needs and
challenges faced by migrant students and providers; the impact of the migrant presence on
education services, provision and demand; and the relevant legal frameworks and their
methods of application.
7.
A specific aim of the questionnaire was to provide an opportunity for those in
communities and geographical regions currently underrepresented in the local, national,
regional and international systems to raise their concerns and issues in respect of the right
to education for migrants, refugees and asylum-seekers. The Special Rapporteur considers
that such opportunities should continue to be provided.
8.
In order to accommodate the reporting requirements of the Human Rights Council,
only those responses received at the time of finalizing the report could be reflected in the
report. Nevertheless, the Special Rapporteur welcomes further responses.
9.
Given the length constraints on the report, the Special Rapporteur felt that it was
necessary to focus on some issues at the expense of others3 and to raise some other
concerns only briefly. This report should therefore be read in the context of other thematic
reports on the right to education; most specifically, those on gender, disability and
education in emergencies4 or relevant peer-reviewed literature. It should also be viewed as a
contribution towards an ongoing dialogue on the right to education for migrants, refugees
and asylum-seekers.
10.
An understanding of the contextual background is indispensable to meeting the
educational challenges and opportunities of migration. This background is provided below
and is followed by an analysis of the associated legal and normative framework. An
examination of distinct but interrelated themes — social and cultural issues, language and
curriculum, teachers, accreditation and learning for life — comprises the bulk of the report,
which is followed by a number of recommendations.
II. The contextual background
11.
Historically, movement has defined ancient and modern societies. There are multiple
reasons for these movements or migrations. They are the outcome of complex social,
2
3
4
4
of Korea, Russian Federation, Serbia, Spain, Suriname, Switzerland, Syria, Thailand, Trinidad and
Tobago, Turkmenistan, Uganda, United Kingdom, Ukraine and Venezuela (Bolivarian Republic of).
Due to limited capacity for translation, the full content of some replies could not be reflected in the
report.
The following national human rights institutions also provided replies: Egypt, France, India, Mexico,
Panama and South Africa. In addition, the Special Rapporteur also received replies from the
following international organizations: UNHCR, United Nations Educational, Scientific and Cultural
Organization (UNESCO), International Organization for Migration (IOM) and from the following
NGOs: Amnesty International, Asociación de Derechos Civiles de Argentina, Asylum Access,
Bertelsmann Foundation, Bureau International Catholique de l’Enfance (et al.), Children on the Edge,
Defense for Children International, Dutch Refugee Council, Fe y Alegria, Foundation for the Refugee
Education Trust, Gewerschaft Erziehung und Wissenschaft, Human Rights Watch, Hungarian
Helsinki Committee, Joint Committee with Migrants in Korea, Jesuit Refugee Service, Platform for
International Cooperation on Undocumented Migrants and Save the Children. Numerous individuals
also responded.
The issue of State responsibility for its nationals who have crossed national borders. This issue is
inadequately considered in normative frameworks, research focus and State practice.
See E/CN.4/2006/45, A/HRC/4/29 and A/HRC/8/10.
GE.10-12879
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