A/HRC/19/43
non-citizens from access to education generally, to the public school system or to certain
levels of schooling, e.g. higher education or vocational training.61
37.
The difficulties faced by non-citizen children in accessing education are indirectly,
yet closely, linked to their non-citizenship. One significant issue, for instance, is that while
non-citizens are technically eligible to access a State’s education system, they may not
enjoy the same entitlement as nationals to subsidized schooling. Thus, a child or adult who
has been arbitrarily deprived of nationality could find himself or herself confronting fees
and other costs that would not otherwise have been levied against them. 62 Inability to meet
these costs could result in exclusion from schooling. Even in States that provide equal
access to subsidized education at the primary level, regardless of nationality, problems are
reported in the context of secondary schooling, higher education or vocational training
where higher fees may be levied against non-citizens.63
38.
As with the enjoyment of other human rights, a lack of requisite documentation, in
particular residence permits or even basic identity documents, affects non-citizens’ right to
education.64
Women’s rights
K.
39.
Arbitrary deprivation of nationality has particularly negative effects on the human
rights of women. Where national legislation contains discriminatory elements against
women that result in non-citizenship or statelessness, women are put in a particularly
precarious situation, among others because it heightens the risk that they may become
exposed to violence or human trafficking. For instance, the Committee on the Elimination
of Racial Discrimination has stated its concern over the trafficking of women and girls, in
particular non-citizens, for the purpose of sexual exploitation. 65
40.
Stateless women may seek to marry in order to acquire a nationality or better legal
status for themselves or their children and may subsequently find themselves trapped in an
abusive relationship, because to leave would mean to forfeit this nationality or status. For
instance, the Committee on the Elimination of Racial Discrimination has expressed concern
over nationality-related cases of discrimination against women allowing the transfer of
nationality only by fathers who have the nationality of that State. 66
61
62
63
64
65
66
14
A/HRC/7/23; van Waas, “The situation of stateless persons” (footnote 42 above), p. 27; UNHCR,
discussion paper (footnote 54 above), p. 10.
Committee on Economic, Social and Cultural Rights, concluding observations: Azerbaijan,
(E/C.12/1/Add.104), para. 33; van Waas, “The situation of stateless persons” (footnote 42 above), p.
27; UNHCR, discussion paper (footnote 54 above), p. 28.
Committee on Economic, Social and Cultural Rights, concluding observations: Canada
(E/C.12/1/Add.31), para. 39; Farquharson, “Statelessness in Central Asia” (footnote 42 above), pp. 6162.
Report of the Special Rapporteur on the right to education (A/HRC/11/8/Add.2, para. 34); Committee
on the Rights of the Child, concluding observations: Russian Federation (CRC/C/15/Add.110), para.
53; Argentina (CRC/C/15/Add.187), paras. 29 and 56; Netherlands (including Aruba)
(CRC/C/15/Add.227), para. 53.
Committee on the Elimination of Racial Discrimination, concluding observations: Lithuania,
(CERD/C/LTU/CO/3), para. 24.
Committee on the Elimination of Racial Discrimination, concluding observations: Lebanon
(CERD/C/64/CO/3), para. 13; Committee on the Elimination of Discrimination against Women,
concluding observations: Bahrain (CEDAW/C/BHR/CO/2), para. 30; Committee on the Rights of the
Child, concluding observations: Qatar (CRC/C/QAT/CO/2), para. 33, and Oman
(CRC/C/OMN/CO/2), para. 31.
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