Migrants, refugees and internally displaced persons (IDPs) are persons away from their home region or country who often face challenges in enjoying the right to education. Due to migration – forced or not – schooling for children and adolescents is often disrupted.
Migrants (legal or illegal) and refugees have crossed an international border while internally displaced people have not and remain under the protection of their own state.
Refugees and internally displaced persons have often fled their homes for similar reasons: armed conflict, generalised violence or human rights violations. Internally displaced persons may also have fled to avoid natural disasters.
Refugees have a specific status that protects them in international law. (See Convention Relating to the Status of Refugees, 1951.)
Illegal migrants’ children and unaccompanied children are particularly vulnerable. Illegal migrants’ children are often under threat of expulsion or in some cases cannot register at school due to their status. Unaccompanied children are more likely to be vulnerable to exploitive labour, sexual violence and army recruitment. The Special Rapporteur on the right to education notes that the international legislation applicable to the situation of independent child migrants remains incomplete as it fails to specifically address the circumstance of most unaccompanied child migrants (2010 Report of the UN Special Rapporteur on the right to education: The right to education of migrants, refugees and asylum-seekers)
Internal displaced persons are also vulnerable as they are still under the geographic jurisdiction of their own state, which in some cases may be the perpetrator of their displacement. In instances where internally displaced persons are denied education by the state, they have no further recourse at the domestic level and it is then the duty of the international community to facilitate the fulfilment of the right to education (Amy S. Rhodes, Displaced Futures: Internally Displaced Persons and the Right to Education, 2010).
Refugees are also vulnerable. Sometimes, refugee children are denied education because host states do not provide or cannot provide primary education for their own children. In some situations, they have no or very limited access to post-primary education or other types of training. When they are in refugee camps, poor infrastructure, inadequate resources and the lack of trained teachers are common limitations. Consequently, the quality of education may be poor, the hours limited and school materials may be lacking (UN Refugee Agency).
All migrants often face challenges receiving education in their mother tongue.
'Women, men, boys and girls of all ages and backgrounds — whether migrants, refugees, asylum-seekers, stateless persons, returnees or internally displaced persons — have the right to education'. (2010 Report of the UN Special Rapporteur on the right to education: The right to education of migrants, refugees and asylum-seekers)
International and regional instruments that generally guarantee the right to education to everyone without discrimination also applies to migrants, refugees and internally displaced persons.
In addition, the right to education of migrants is specifically protected by the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990) and the European Convention on the Legal Status of Migrant Workers (1977) which guarantees their access to education on the basis of equality of treatment with nationals.
The right to education of refugees is specifically guaranteed by the Convention Relating to the Status of Refugees (1951), which states that refugees should have the same treatment as nationals with respect to elementary education and treatment as favourable as possible with respect to other education levels.
There is no convention for internally displaced persons (IDPs) equivalent to the Convention Related to the Status of Refugees (1951) at international level. But at regional level, the African Union adopted the 2009 Convention for the Protection and Assistance of Internally Displaced Persons, which stipulates that the 'States Parties shall provide internally displaced persons to the fullest extent practicable and with the least possible delay, with adequate humanitarian assistance, which shall include … education…' (Article 9(2)(b)). In situations of armed conflict, they are also protected by international humanitarian law. In 1998, the UN developed Guiding Principles on Internal Displacement, which restates and compile human rights and humanitarian law relevant to IDPs. Principle 23 relates to the right to education.
Specific provisions on migrants, refugees and internally displaced persons
- Convention relating to the Status of Refugees (1951, Article 22)
- Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990, Articles 12.4, 30, 43 & 45; General Comments 1, 2011 and 2, 2013))
- International Covenant on Economic, Social and Cultural Rights (1966, Articles 2 &13; General Comments 13, 1999)
- Convention on the Rights of the Child (1989, Articles 2 & 28; General Comment 6)
- African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (2009, Article 9.2)
- European Convention on the Legal Status of Migrant Worker (1977, Article 14)
For more details, see International Instruments – The Right to Education of Migrants, Refugee and Internally Displaced Persons
General provisions on the right to education and non-discrimination
- UNESCO Convention against Discrimination in Education (1960, Articles 1, 2, 3 & 4)
- African Charter on Human and People’s Rights (1981, Articles 2 & 17)
- African Charter on the Rights and Welfare of the Child (1990, Article 11)
- African Youth Charter (2006, Article 13)
- European Convention for the Protection of Human Right and Fundamental Freedoms (1948); Optional Protocol 1 (1952) and Optional Protocol 12 (2000) (Article 14 of the Convention, Article 2 of Protocol 1 and Article 1 of Protocol 12)
- European Social Charter (revised) (1996, Articles E, 10 & 17)
- Charter of Fundamental Rights of the European Union (2000, Article 14)
- Additional Protocol to the American Convention on Human Rights, Protocol of San Salvador (1998, Article 13 & 16)
- Arab Charter on Human Rights (2004, Article 41)
- ASEAN Human Rights Declaration (2011, Article 31)