National Inquiry into Children in Immigration Detention - Background Paper 6: Education
National Inquiry into Children in Immigration Detention
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
- National
Inquiry into Children in Immigration Detention
- The
right to education
- Other
relevant rights
- Aims
of education
- Child
asylum seekers
- Special
needs
- Primary,
secondary and vocational education
- Non-formal
education
- School
curriculum
- Access
to education
- Education
in local schools
- 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:
- traditional music,
dance and other arts
- physical education
- apprenticeship
schemes for young people to learn a trade
- pre-school and
day care for 0-5 year olds
- extracurricular
activities to maintain cultural identity and language.
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 child's parents
being unaware of or unwilling to send their child to school
- the journey to
school being unsafe and inconvenient
- schooling being
unaffordable for the parents [48]
- age, culture
and language-appropriate schooling not available [49]
- inappropriate
teachers
- high turnover
of teachers or students
- unpredictable
or interrupted school hours
- the child being
excluded from class for various reasons [50]
- the child having
to forgo some other right (e.g. right to play) because they are attending
school
- lack of individual
assessment and feedback on the child's progress. [51]
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.
- 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?
- 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?
- 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?
- 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?
- What measures
have been taken to encourage school attendance and prevent non-attendance?
What are the practical barriers to school attendance?
- 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?
- Is the curriculum
relevant and appropriate to the child? Are gender, age, culture, language
and the child's personal background taken into account?
- How are different
age groups and capabilities accommodated?
- 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:
The full terms of reference are available at http://www.humanrights.gov.au/human_rights/children_detention/terms.html.
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.
Article 28, Convention.
Article 28(1), Convention.
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.
Article 2, Convention. The scope of article 2 is outlined in greater detail
in Background Paper 1: Introduction.
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".
See Background Paper 1: Introduction for further discussion of these principles.
Article 3, Convention.
Article 22, Refugee Convention.
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."
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.
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).
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."
UNHCR Guidelines on Protection and Care, ch9.
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.
CRC, General Comment 1, para 2.
UNHCR Guidelines on Protection and Care, ch9.
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.
Article 30, Convention. See Background Paper
2: Culture and Identity.
UNHCR Guidelines on Protection and Care, chs4 and 9.
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.
UNHCR Guidelines on Protection and Care, ch4.
UNHCR Guidelines on Protection and Care, ch9.
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:
- Very young children
with disabilities
- Pre-school children
with disabilities".
UNICEF Implementation Handbook, p377.
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."
Rule 38, United Nations Rules for the Protection of Juveniles Deprived
of their Liberty.
See UNICEF Implementation Handbook, p377.
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
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
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.
Articles 28, 2, Convention. Recommended by UNHCR Guidelines on Protection
and Care, ch9.
UNHCR Guidelines on Protection and Care, ch9.
UNHCR Guidelines on Protection and Care, ch9.
Article 12, Convention.
CRC, General Comment 1,para 9.
Article 28(1)(a), Convention.
UNICEF Implementation Handbook, p387.
See CESCR, General Comment 13; The right to education (article 13),
UN Doc E/C.12/1999/10, 8 December 1999, para 13.
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.
UNICEF Implementation Handbook, p380.
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."
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.
UNICEF Implementation Handbook, p373.
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
Article 28(1)(e), Convention.
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.
CESCR, General Comment 13, para 6 (c)
Such as separation/isolation detention, or hospitalisation.
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.
UNHCR Guidelines on Protection and Care, ch9. See also CRC, General
Comment 1, para 2.
UNHCR Guidelines on Protection and Care, chs 4 and 9. See also CRC, General
Comment 1.
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."
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.
UNHCR Guidelines on Protection and Care, ch9.
See Rule 38, United Nations Rules for the Protection of Juveniles Deprived
of their Liberty.
UNHCR Guidelines on Protection and Care, ch9.
"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.
