A/HRC/14/25
Milestones in this process have been the Convention against Discrimination in Education
and the declarations mentioned above. This progressive reduction in scope of the right to
education in the South has been criticized for serving as a largely functional, basic-skill
acquisition for low value-added routine work within the global division of labour.19
25.
The Special Rapporteur also observes with concern that increasingly, especially
since the adoption of the World Declaration on Education for All, goodwill has become a
substitute for entitlement. Frequently, the right to education has been replaced by legally
non-binding terms such as “access to education”.20 This coincides with a general shift from
a teacher-centred to a learner-centred approach, on one hand, and the redefinition of
education, on the other. Here, education, for whose provision the State is primarily
responsible, is being redefined as a commodity rather than a societal good, with the learner
made responsible for this – portrayed as a consumer with choices. For the Special
Rapporteur, this approach to education, particularly in the face of wider global challenges
(sustainability, security and equality) is problematic.
26.
The Special Rapporteur also notes that the international norms and instruments
listed earlier pay little attention to the particular situation of the educational rights of
migrants, refugees and asylum-seekers. The same is the case with many other instruments,
such as the Convention concerning Migration for Employment (Revised 1949), the Geneva
Convention relative to the Protection of Civilian Persons in Time of War (1949), the
International Convention on the Elimination of All Forms of Racial Discrimination (1965),
the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or
Linguistic Minorities (1992), and the European Charter for Regional or Minority
Languages (1992).
27.
However, the Special Rapporteur observes that the Convention relating to the Status
of Refugees and its 1967 Protocol (arts. 4 and 22) and the Migrant Workers Convention
reiterate the right to educational choice and the obligation of the contracting States to
accord to refugees the same treatment as is accorded to nationals with respect to
“elementary education”21 and to ensure “equal opportunities” with respect to nonelementary education. This includes access, the recognition of certificates and diplomas, the
remission of fees and charges and the award of scholarships. Moreover, in accordance with
article 28.1 of the Convention on the Rights of the Child “equal opportunity” in terms of the
“best interest” principle may justify differential treatment of migrant, refugee and asylumseekers’ children, such as mother-tongue teaching, provided that non-discrimination
measures are in place,22 although in article 45.4 of the Migrant Workers Convention, there
is no obligation for receiving States to provide special mother-tongue instruction schemes.
28.
Furthermore, according to the Committee on the Rights of the Child, in its general
comment No. 6 (2005), equality of treatment irrespective of nationality, immigration status
or statelessness should also be guaranteed to unaccompanied and separated children. The
Special Rapporteur notes, however, that, for some authors writing on education, the
international legislation applicable to the situation of independent child migrants remains
19
20
21
22
8
See Colin Lankshear, “Language and the new capitalism”, International Journal of Inclusive
Education, vol. 1, No. 4 (October 1998), pp. 309–321; Rosa María Torres, “One decade of education
for all: the challenge ahead”, (Buenos Aires, IIEP-UNESCO, 1999).
See Human rights obligations in education: the 4-A scheme, pp. 28, 49 and 64.
Elementary education has been variously interpreted: see, further, World Education Report 2000: The
right to education – towards education for all throughout life.
“Children, migration and international norms”, p. 210.
GE.10-12879
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents