Site navigation

Change font size: SmallerLargerReload

Human Rights navigation

National Inquiry into Children in Immigration Detention

Click here to return to the Background Papers Index

Background Paper 6: Education

States Parties recognize the right of the child to education and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate means;

(d) Make educational and vocational information and guidance available and accessible to all children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

Article 28(1), Convention on the Rights of the Child.

In this Background Paper

  1. National Inquiry into Children in Immigration Detention
  2. The right to education
  3. Other relevant rights
  4. Aims of education
  5. Child asylum seekers
  6. Special needs
  7. Primary, secondary and vocational education
  8. Non-formal education
  9. School curriculum
  10. Access to education
  11. Education in local schools
  12. Questions for submissions

1. National Inquiry into Children in Immigration Detention

In November 2001, the Human Rights Commissioner announced an Inquiry into the adequacy and appropriateness of Australia's treatment of child asylum seekers and other children who are, or have been, held in immigration detention.

The terms of reference for the Inquiry include consideration of education policies, programs and practices for child asylum seekers in detention facilities and in the community, where they are released from detention. [1] The terms of reference also include consideration of the access to and scope and content of education programs and how education programs in detention compare to education programs in Australia and in other jurisdictions.

This Background Paper provides an overview of international human rights standards on education that are relevant to the Inquiry. It refers primarily to the Convention on the Rights of the Child (the Convention) but also to other international human rights standards where relevant.[2] This Background Paper is intended as a reference and guide to individuals or organisations wishing to make a submission to the Inquiry. It should be consulted where relevant, but it is not necessary to refer to a Background Paper when making a submission.

For further information about the Inquiry, general information on relevant international treaties and standards and the material used in the Background Papers, see Background Paper 1: Introduction. This and other Background Papers are available on the Human Rights and Equal Opportunity web site at
http://www.humanrights.gov.au/human_rights/children_detention/background.html.

The term "child asylum seeker" is used throughout the Background Papers. While the focus in these papers is on children who have been detained when seeking asylum in Australia, it is not intended to exclude other children who have been detained. The Inquiry relates to any child who is, or who has been, in immigration detention. "Child" refers to any person under the age of 18.

Treaties, Rules and Guidelines

Treaties that have been ratified by Australia, such as the Convention on the Rights of the Child, are binding on Australia in international law. The implementation of treaty rights of people in Australia are monitored by United Nations treaty bodies, such as the Committee on the Rights of the Child or the Human Rights Committee.

The fact that Australia has ratified a treaty does not automatically incorporate it into Australian domestic law. Only when treaty provisions are incorporated into Australian law do they create enforceable rights in Australia. However, courts should interpret a law to be consistent with the provisions of a treaty that Australia has ratified.

Other international documents and instruments such as United Nations Rules, General Comments by treaty bodies, United Nations High Commissioner for Refugees guidelines, United Nations General Assembly Declarations and publications by United Nations agencies are not binding on Australia as a matter of international law. They are, however, persuasive in interpreting treaties and contain goals and aspirations reflecting a consensus of world opinion.

2. The right to education

Under the Convention, Australia recognises that every child has the right to education.[3] This right should be achieved progressively and on the basis of equal opportunity. [4]

Article 28 reflects a consensus of world opinion on the child's inalienable right to education. The Convention provides that primary education must be compulsory and available free to all and that "different forms of secondary education" (including vocational education) must be available and accessible to every child. [5] Achieving education "progressively and on the basis of equal opportunity" means that whereas a developing country may not be expected to grant secondary education to all children overnight, an industrialised country such as Australia may be in a position to do so.

Education is a right that facilitates access to other rights. That is, if the right to education is respected, other rights follow. For example, if children are at school, they are more likely to participate in team sport and other games. Education helps to meet children's mental health needs as well as being a tool to assist equality of opportunity and their future development (see Background Paper 3: Mental Health and Development).

The Convention guarantees the right to education for all children in Australia regardless of nationality or immigration status and regardless of how the child arrived in the country. [6] The right to education, read in conjunction with the principle of non-discrimination, requires secondary and other forms of education to be provided to all school age asylum seekers in Australia insofar as it is available to Australian children. The Convention provides that all asylum seeker children, even those who have had their applications for refugee status rejected, are entitled to similar education as other children in Australia. [7]

3. Other relevant rights

The right to education should be read in light of the overarching principles in the Convention (non-discrimination, best interests, survival and development, participation). [8] The non-discrimination principle requires that child asylum seekers be treated similarly to other children in Australia. The 'best interests' principle [9] complements the right to education, as education is usually in the child's best interests. The right to survival and development in article 6 similarly complements article 28, as education is vital for the healthy development of the child (see Background Paper 3: Mental Health and Development). Article 12 guarantees respect for children's participation and views in all matters affecting them, including their education.

The Convention relating to the Status of Refugees (the Refugee Convention) (1951) also requires State Parties to provide public education to child asylum seekers on their territory. [10] Child asylum seekers should receive the same treatment as nationals with respect to primary education, and the same treatment as other non-national children with respect to other education. [11] However, the Convention on the Rights of the Child goes further in obliging State parties to afford similar treatment to nationals and asylum seekers with respect to all stages of education, not just primary education. [12]

The Inquiry welcomes submissions on the appropriateness of education programs for children of different cultural, linguistic and educational backgrounds in immigration detention in Australia and whether the provisions of articles 2, 3, 6 and 12 are being met. It also welcomes submissions on the scope of education programs for child asylum seekers, from the child's arrival in Australia, through her or his refugee status determination, to release (where detained) or continued detention pending deportation.

4. Aims of education

States Parties agree that the education of the child shall be directed to:

(a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;

(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;

(c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;

(d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;

(e) The development of respect for the natural environment.

Article 29(1),Convention on the Rights of the Child.

Article 29 of the Convention addresses the fundamental purposes of education for the child.[13] Beyond literacy and numeracy, [14] education must include human rights, democracy and peace education, particularly for children who are survivors of conflict and flight. [15]

In its General Comment on the aims of education, the Committee on the Rights of the Child [16] states that every child has a right to an education "designed to provide the child with life skills, to strengthen the child's capacity to enjoy the full range of human rights and to promote a culture which is infused by appropriate human rights values". Education must be "child-centred, child-friendly and empowering". [17]

5. Child asylum seekers

This Background Paper explores the need for child asylum seekers to receive an education throughout their time in Australia. Child asylum seekers may have experienced war, persecution, death, sexual assault, violence, fear, flight and displacement. They will have experienced disruptions to their lives, including their education. This is followed by arrival in a foreign country, where a different culture, language and religion is often practised. Deprived of their familiar cultural environment, child asylum seekers often experience changes in their relationships with family and community members and will need to negotiate a new set of relationships in the foreign country (see Background Paper 2: Culture and Identity and Background Paper 3: Mental Health and Development). For children and young people who have survived trauma and/or armed conflict, it is particularly important that their education has no further disruptions.

The difficulties in making the transition to life in a new country can be softened for children by innovative methods of education. Carefully crafted educational programs can help to restore a child's playfulness which may have been lost during traumatic events. [18] Schools and pre-schools can serve to facilitate play among young children who have survived trauma and flight. Parents and teachers can be assisted to communicate with children on difficult issues. [19]

6. Special needs

Culture and language

In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.

Article 30, Convention on the Rights of the Child.

Education for child asylum seekers must promote respect for their cultural identity, language, religion and values.[20] Education should "enhance personal and cultural identity and promote the psychosocial stability and development of children, their families and communities." [21]

Initial classes for child asylum seekers may need to provide children with language proficiency in both English and their mother tongue.[22] UNHCR urges that careful consideration be given to the language of instruction for child asylum seekers, recommending that the child's mother tongue may need to be used as the primary means of instruction, particularly for younger children. [23] Where it is likely that the child will receive refugee status and remain in Australia, English may then become the medium of instruction. Education should enhance the child's ability to integrate into Australia if she or he is recognised as a refugee. Practical knowledge and skills relevant to economic opportunities should be provided for older children. [24]

The Inquiry welcomes submissions on the appropriate language(s) of instruction for child asylum seekers and appropriate school models employed in Australia and overseas jurisdictions.

Disabilities

Recognizing the special needs of a disabled child, assistance …shall be provided free of charge, whenever possible, …and shall be designed to ensure that the disabled child has effective access to and receives education, training…preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development.

Article 23(3), Convention on the Rights of the Child.

All children, no matter how profound their disability, are entitled to education that maximises their potential. [25] According to United Nations Children's Fund (UNICEF), any law or practice that limits this entitlement (for example, by deeming a child "ineducable") breaches articles 2 and 28 of the Convention. [26] Children with disabilities need to receive appropriate preferential treatment to achieve full participation in school. Additional resources should be made available for this purpose.[27]

Children and young people who are illiterate or who have cognitive or learning difficulties have the right to special education.[28] The Inquiry welcomes submissions on the extent to which detention facilities and schools in the community are equipped with the necessary education staff, facilities and programs required to enable child asylum seekers with disabilities to participate in class. [29] We also welcome submissions on the applicable standards and programs in Australia [30] and overseas jurisdictions. [31]

Gender-sensitive education

Girl children, such as those from Afghanistan, may have experienced discrimination in education before arrival in Australia.[32] Education programs for child asylum seekers should ensure the full participation of girls and young women. If a girl's culture or traditions limit or prohibit the teaching of girls, the State Party (Australia) is still obliged to ensure the girl's right to education is fully realised. [33] Female teachers and separate facilities may help increase girls' participation, particularly when they first start classes.[34] The Inquiry welcomes submissions on this point.

7. Pre-school, primary, secondary and vocational education

Education programs for child asylum seekers should be similar to those available to local children and preferably be based in existing schools rather than setting up separate ones (see below). Where access to education for local children is less than universal, Australia should expand access to education for both local and asylum seeking children. [35]

The UNHCR Guidelines on Protection and Care emphasise the importance of involving the child's family and community from the outset in organising educational opportunities for their children. Educational program planning should involve the students, their parents and the community. Including children in planning will also satisfy children's right under the Convention to participate and express their views. [36]

Pre-school education

International standards do not impose a duty on States to provide a particular type of pre-school education. However, where pre-school education is provided, it must be available to all children without discrimination. The Convention does require States Parties to assist parents in their child-rearing responsibilities, including by developing 'institutions, facilities and services for the care of children' (article 18(2)).

Primary education

Under article 28(1)(a) of the Convention, it must be compulsory for child asylum seekers to attend primary school. Primary education should include as a minimum literacy and numeracy. [37] From the time of their arrival in Australia, the child asylum seeker's primary education must be free. [38] This may require providing children with the necessary books, uniforms and equipment in order to participate in primary schooling. [39]

Secondary education

Secondary education must be 'generally available' which means 'firstly, that secondary education is not dependent on a student's apparent capacity or ability and, secondly, that secondary education will be distributed throughout the State Party in such a way that it is available on the same basis to all'. [40]

Child asylum seekers above the compulsory school age for the relevant State or Territory (15 years in most Australian jurisdictions) are entitled to continue their education under the Convention and should be encouraged to take up additional educational opportunities. [41]

The Inquiry welcomes submissions on relevant education standards for Australia, including submissions on access to secondary, vocational and higher education for child asylum seekers and Australian children. Submissions could also address any barriers to primary and secondary education that may exist.

Higher education

Higher education (post-secondary education) is an integral part of children's rights. Under article 28(1)(c) of the Convention, higher education must be made "accessible to all on the basis of capacity by every appropriate means." State Parties should ensure disadvantaged young people are able to take entrance exams to higher education courses and be awarded grants or scholarships if they succeed. [42]

Vocational education

The steps to be taken by a State Party to the present Covenant to achieve the full realization of [the right to work] shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

Article 6(2), International Covenant on Economic, Social and Cultural Rights.

In addition to article 28 of the Convention, vocational education and training are guaranteed by article 6(2) of the International Covenant on Economic, Social and Cultural Rights, to which Australia is a State Party.

Articles 28(1)(b) and (d) of the Convention provide that vocational education and vocational information and guidance must be available and accessible to all children and young people, with vocational training available in areas likely to prepare the young person for future employment. [43] The Inquiry welcomes submissions on the extent to which vocational education and training is available to child asylum seekers in Australia.

8. Non-formal education

Non-formal education includes courses and activities which increase children and young people's knowledge and skills, but do not result in recognised qualifications.

Personal health education is an example of non-formal education and would include the promotion of basic hygiene and health training for children. This could involve child asylum seekers themselves teaching health skills to other children and to their families. [44] Other examples would be:

The Inquiry welcomes submissions on non-formal education programs for children in immigration detention.

9. School curriculum

The knowledge, skills and processes students learn are usually referred to as the school curriculum. School curricula for children and young people in immigration detention must meet the minimum standards for Australian students (article 2). The Inquiry welcomes submissions that discuss the curricula in Australian schools in relation to that offered to child asylum seekers in detention. Submissions may include discussion of such aspects as subjects, assessment, reporting and certification.

While the Convention does not define what is meant by 'education', education includes vocational education, the elimination of illiteracy and access to scientific and technical knowledge. [45]

10. Access to education

Education must be available to all children. "Availability" will depend on the location and geographic distribution of relevant schools, the ability of the child to attend school and the provision of proper facilities and staff. [46]

Article 28 obliges all States to take concrete measures to encourage regular attendance at school and reduce school drop-out rates. [47] Factors affecting school attendance might include:

The Inquiry welcomes submissions on factors affecting school attendance for child asylum seekers. We particularly welcome strategies for maximising school attendance.

Child-friendly learning environment

To encourage children to learn and to engage in homework and other activities, the creation of a child-friendly learning environment is vital. [52] Several factors should be considered to create such an environment. The UNHCR Guidelines on Protection and Care point out that teachers can assist traumatised children and that accessible play and recreational opportunities and facilities should be available. [53]

Libraries and learning resources such as study areas are important aids to learning. Libraries for local and asylum seeking children should be well-stocked with suitable materials. Unaccompanied children and young people in particular should be encouraged and enabled to make full use of them. [54]

The Inquiry welcomes submissions from educators on how best to provide a child-friendly learning environment for child asylum seekers, including appropriate models from Australian and overseas jurisdictions.

Monitoring the child's education

To determine the extent to which a child's right to education is being fulfilled, both the child's individual education and the educational programs available in immigration detention should be monitored (article 3(3) of the Convention). [55] The Inquiry welcomes submissions on the level of monitoring of students' performances, how such monitoring should be conducted and what the relevant monitoring bodies should be.

11. Education in local schools

The Inquiry would welcome submissions on whether local school education is appropriate for child asylum seekers while they are in detention. The UNHCR has recommended that, particularly in urban areas, "arranging access for refugee children to existing schools is preferable to establishing special schools for refugees". [56] The United Nations Rules for the Protection of Juveniles Deprived of their Liberty provide that the education of children in detention should take place outside the detention centre in the general school system in order to facilitate the continuation of their education upon release and their social and cultural development. [57] The continuity of attending school contributes to traumatised children's psychological recovery, [58] with the rapid integration of child asylum seekers into the regular school system specifically recommended by the Committee on the Rights of the Child. [59]

In relation to education for child asylum seekers detained in remote areas in Australia, it should be recalled that these children are placed in those remote areas by the Australian authorities, who have it in their power to determine where children are to be located.

The Inquiry welcomes submissions on where child asylum seekers should be located if they are to be detained (whether in urban, regional or rural areas). Submissions from those children and young people in detention facilities, including those who have attended school outside the facility, are particularly welcome. Also welcome are submissions from residents who live in proximity to detention facilities, including a description of what local education programs are available for their children in the area.

12. Questions for submissions

The following questions relate to a child's education while in immigration detention and may assist organisations and individuals in making submissions to the Inquiry.

  1. How does Australia support the right to education of child asylum seekers in detention? What is the quality of educational opportunities available and what measures would enhance the quality?
  2. What are the relevant legislative, administrative and other measures in place to ensure children in immigration detention receive the education they need? How do they compare to education in relevant States and Territories for other children. Where are the gaps?
  3. In each detention facility, is an individual assessment of educational needs undertaken by qualified educators and is an education plan involving the student and her or his parents developed and implemented?
  4. To what extent is adequate pre-school, primary, secondary, higher and vocational education, as outlined in this paper, available for child asylum seekers, both in detention facilities and in local schools?
  5. What measures have been taken to encourage school attendance and prevent non-attendance? What are the practical barriers to school attendance?
  6. To what extent is special education available for children with physical and/or mental disabilities? Does it take into account the child's age and developmental needs? To what extent is it available for children with learning difficulties?
  7. Is the curriculum relevant and appropriate to the child? Are gender, age, culture, language and the child's personal background taken into account?
  8. How are different age groups and capabilities accommodated?
  9. What educational assessment programs are in place? Are records kept of students' achievements? Are certificates available to validate the formal academic and/or vocational achievement of students in immigration detention? Are these qualifications recognised in all Australian States and Territories?

ENDNOTES:

1 The full terms of reference are available at http://www.humanrights.gov.au/human_rights/children_detention/terms.html.

2 International instruments and guidelines such as the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990); UNHCR (1994), Refugee Children: Guidelines on Protection and Care, Geneva. (Guidelines on Protection and Care); Convention against Discrimination in Education, adopted by UNESCO General Conference, 14 December 1960 (by which date it is sometimes cited) and entered into force for Australia 1 March 1967. These standards are outlined in greater detail in Background Paper 1: Introduction.

3 Article 28, Convention.

4 Article 28(1), Convention.

5 United Nations Children's Fund (UNICEF) (1998), Implementation Handbook for the Convention on the Rights of the Child (UNICEF Implementation Handbook), UNICEF, New York, p370.

6 Article 2, Convention. The scope of article 2 is outlined in greater detail in Background Paper 1: Introduction.

7 The Committee on the Rights of the Child (CRC), in its Concluding Observations on Belgium's Initial Report, expressed concern that Belgium was providing a different standard of education to those children whose asylum applications had been rejected but remained in the country: "[U]naccompanied minors who have had their asylum request rejected, but who can remain in the country until they are 18 years old, may be deprived of an identity and denied the full enjoyment of their rights, including health care and education. Such a situation, in the view of the Committee, raises concern as to its compatibility with articles 2 and 3 of the Convention", CRC, Concluding Observations of the Committee on the Rights of the Child: Belgium, UN Doc CRC/C/15/Add.38, 20 June 1995, para 9. Also see Concluding Observations of the Committee on the Rights of the Child: Denmark, UN Doc CRC/C/15/Add.33, 15 Feb 1995, para 14,where the Committee expressed concern that "all children who have had their asylum requests rejected but who remain in the country have had their rights to health care and education provided de facto but not de jure. It is the view of the Committee that this situation is not fully compatible with the provisions and principles of articles 2 and 3 of the Convention".

8 See Background Paper 1: Introduction for further discussion of these principles.

9 Article 3, Convention.

10 Article 22, Refugee Convention.

11 Article 22 of the Refugee Convention states that: "1. The Contracting States shall accord to refugees the same treatment as is accorded to nationals with respect to elementary education. 2. The Contracting States shall accord to refugees treatment as favourable as possible, and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, with respect to education other than elementary education and, in particular, as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholarships."

12 The right to education is outlined in other international instruments, including the International Covenant on Economic, Social and Cultural Rights (1966), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, the United Nations Standard Minimum Rules for the Treatment of Prisoners (1955), UNHCR (1999), Revised Guidelines on applicable Criteria and Standards relating to the Detention of Asylum-Seekers (UNHCR Guidelines on Detention); UNHCR (1997), Guidelines on Policies and Procedures in dealing with Unaccompanied Children Seeking Asylum (UNHCR Guidelines on Unaccompanied Children), UNHCR Guidelines on Protection and Care, ch 9. See Background Paper 1: Introduction.

13 See CRC, General Comment 1: The Aims of Education, UN Doc CRC/GC/2001/1, 17 April 2001. Education programs should fully reflect the promotion and protection of human rights and the values of peace, tolerance and gender equality, using every opportunity presented by the International Decade for a Culture of Peace and Non-Violence for the Children of the World (2001-2010).

14 CRC, General Comment 1, para 9: "Basic skills include not only literacy and numeracy but also life skills such as the ability to make well-balanced decisions; to resolve conflicts in a non-violent manner; and to develop a healthy lifestyle, good social relationships and responsibility, critical thinking, creative talents, and other abilities which give children the tools needed to pursue their options in life."

15 UNHCR Guidelines on Protection and Care, ch9.

16 The Committee on the Rights of the Child supervises the Convention and its General Comments assist in interpreting the Convention's provisions. See Background Paper 1: Introduction. To date, only one General Comment has been issued; that on article 29.

17 CRC, General Comment 1, para 2.

18 UNHCR Guidelines on Protection and Care, ch9.

19 G Machel (1996), The Impact of Armed Conflict on Children, UNICEF, New York, 1996, tabled at the 51st session of the General Assembly, 26 August 1996, UN Doc A/51/306. The report concluded that the most important factor contributing to a child's resilience is the opportunity for expression, attachment and trust that comes from a stable, caring and nurturing relationship with adults.

20 Article 30, Convention. See Background Paper 2: Culture and Identity.

21 UNHCR Guidelines on Protection and Care, chs4 and 9.

22 Article 30 of the Convention guarantees children the right to speak their own language without interference. Their right to "use" their own language does not necessarily entitle them to be taught in that language, although, according to UNICEF, this may be necessary at least initially with child asylum seekers. See UNICEF, Implementation Handbook, p413.

23 UNHCR Guidelines on Protection and Care, ch4.

24 UNHCR Guidelines on Protection and Care, ch9.

25 Rule 6 of UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities (adopted by the UN General Assembly, 48th session, resolution 48/96, annex, of 20 December 1993): "Education in mainstream schools presupposes the provision of interpreter and other appropriate support services. Adequate accessibility and support services, designed to meet the needs of persons with different disabilities, should be provided. Parent groups and organizations of persons with disabilities should be involved in the education process at all levels. In States where education is compulsory it should be provided to girls and boys with all kinds and all levels of disabilities, including the most severe. Special attention should be given in the following areas:

26 UNICEF Implementation Handbook, p377.

27 Committee on Economic, Social and Cultural Rights (CESCR), General Comment 5: Persons with disabilities , 9 Dec 1994, para 9. See also Rule 6, UN Standard Rules on the Equalisation of Opportunities for Persons with Disabilities 1993, which provides: "States should recognize the principle of equal primary, secondary and tertiary educational opportunities for children, youth and adults with disabilities, in integrated settings. They should ensure that the education of persons with disabilities is an integral part of the educational system."

28 Rule 38, United Nations Rules for the Protection of Juveniles Deprived of their Liberty.

29 See UNICEF Implementation Handbook, p377.

30 National Goals of Schooling in Australia are national minimum standards agreed to by the State, Territory and Commonwealth Ministers of Education. The latest is the Adelaide Declaration on National Goals for Schooling in the Twenty-first Century (April 1999); http://www.dest.gov.au/sectors/school_education/policy_initiatives_reviews/
national_goals_for_schooling_in_the_twenty_first_century.htm

31 Submissions could refer to the Human Rights and Equal Opportunity Commission's Rural and Remote Education Inquiry. See Briefing paper on "School Education for Students with Special Needs" at http://www.humanrights.gov.au/human_rights/rural_education/briefing/disability_ed6.html

32 UNICEF estimates that of the 110 million children of primary school age who are not in school, two-thirds of them are girls. See http://www.unicef.org/pdeduc/education/girlsedu/girls_ed.htm.

33 Articles 28, 2, Convention. Recommended by UNHCR Guidelines on Protection and Care, ch9.

34 UNHCR Guidelines on Protection and Care, ch9.

35 UNHCR Guidelines on Protection and Care, ch9.

36 Article 12, Convention.

37 CRC, General Comment 1,para 9.

38 Article 28(1)(a), Convention.

39 UNICEF Implementation Handbook, p387.

40 See CESCR, General Comment 13; The right to education (article 13), UN Doc E/C.12/1999/10, 8 December 1999, para 13.

41 Article 28(1)(c) Convention stipulates that higher education must be made accessible to all. See also Rule 38, United Nations Rules for the Protection of Juveniles Deprived of their Liberty.

42 UNICEF Implementation Handbook, p380.

43 Rule 42, United Nations Rules for the Protection of Juveniles Deprived of their Liberty provides: "Every juvenile should have the right to receive vocational training in occupations likely to prepare him or her for future employment."

44 UNHCR Guidelines on Protection and Care, ch9. See Background Paper 4: Health and Nutrition on the need for asylum seeking young people to receive culturally appropriate sex and personal development education.

45 UNICEF Implementation Handbook, p373.

46 According to the UN Committee on Economic, Social and Cultural Rights, availability of education means "functioning educational institutions and programmes have to be available in sufficient quantity within the jurisdiction of the State party. What they require to function depends upon numerous factors, including the developmental context within which they operate; for example, all institutions and programmes are likely to require buildings or other protection from the elements, sanitation facilities for both sexes, safe drinking water, trained teachers receiving domestically competitive salaries, teaching materials, and so on; while some will also require facilities such as a library, computer facilities and information technology"; CESCR, General Comment 13, para 2(6)(a). See also the reports of the Human Rights and Equal Opportunity Commission's Remote and Rural Education Inquiry at http://www.humanrights.gov.au/human_rights/rural_education/index.html#1

47 Article 28(1)(e), Convention.

48 In its Guidelines for Periodic Reports, the Committee on the Rights of the Child has registered concern at the "real cost to the family of the child's education," even if it is nominally free; see Committee on the Rights of the Child, General Guidelines Regarding the Form and Content of Periodic reports to be Submitted by States Parties under Article 44, paragraph 1(a), of the Convention, adopted by the Committee on the Rights of the Child on 11 October 1996, para 106.
The Committee on Economic, Social and Cultural Rights has commented that the right to a free primary education 'is expressly formulated so as to ensure the availability of primary education without charge to the child, parents or guardians: "Fees imposed by the Government, the local authorities or the school, and other direct costs, constitute disincentives to the enjoyment of the right and may jeopardize its realization … Other indirect costs may be permissible, subject to the Committee's examination on a case-by-case basis"; CESCR, General Comment 11, UN Doc E/C.12/1999/4, 10 May 1999, para 7.

49 CESCR, General Comment 13, para 6 (c)

50 Such as separation/isolation detention, or hospitalisation.

51 Rule 40, United Nations Rules for the Protection of Juveniles Deprived of their Liberty provides: "Diplomas or educational certificates awarded to juveniles while in detention should not indicate in any way that the juvenile has been institutionalized." Other factors could include access to general information and media (article 17 Convention); provision of age-appropriate children's books; quality of the school library (as distinct from the detention facility library); number of teachers per student; number of composite classes; competence of teachers; regular assessment of teachers' qualifications.

52 UNHCR Guidelines on Protection and Care, ch9. See also CRC, General Comment 1, para 2.

53 UNHCR Guidelines on Protection and Care, chs 4 and 9. See also CRC, General Comment 1.

54 Rule 41, United Nations Rules for the Protection of Juveniles Deprived of their Liberty provides: "Every detention facility should provide access to a library that is adequately stocked with both instructional and recreational books and periodicals suitable for the juveniles, who should be encouraged and enabled to make full use of it."

55 Article 3(3), Convention: "States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision". Discussed in Background Papers 3 and 8: Mental Health and Development and Deprivation of Liberty and Humane Detention, respectively.

56 UNHCR Guidelines on Protection and Care, ch9.

57 See Rule 38, United Nations Rules for the Protection of Juveniles Deprived of their Liberty.

58 UNHCR Guidelines on Protection and Care, ch9.

59 "The Committee recommends that the State party examine the reasons for delays in the procedures for processing applications and for the settlement of children, with a view to shortening them. The Committee also recommends that the State party make further efforts to ensure the rapid integration of children into the normal school system." CRC, Concluding Observations of the Committee on the Rights of the Child : Norway, UN Doc CRC/C/15/Add.126, 28 June 2000, para 50. The Committee was also concerned by "the fact that some child applicants are not integrated into local education systems"; para 50.