The fundamental human right to education for refugees: Some legal remarks

Abstract

The aim of this article is to describe the human rights obligations a State bears in educational matters with concerns to the current influx of refugees. The right to education is a fundamental human right guaranteed by many international treaties. As a result, the impression may arise that everyone, not only legal citizens but also all those lacking legal documents, can easily refer to any of these texts in order to enforce access to education and every right attached to education. The legal truth is however more complex. This article will first examine the various international legal texts: do refugees fall within the scope of application? Second, we will take a closer legal look at some issues often raised in practice when dealing with the influx of refugees: (i) can higher school fees be asked from pupils without legal documents? (ii) do refugees have a right to be taught in their own native language until they learn to speak the national language? and (iii) can they be placed in special (separate) schools or classes until they can follow the regular curriculum?

Interventions Supporting the Social Integration of Refugee Children and Youth in School Communities: A Review of the Literature

“…What is less clear is how to ensure these rights are carried out at the school level. In contrast to what are called first-generation rightstypically civic and political rights such as the right to free speechrights related to education are understood as second generation rights, which refer to the social, cultural, and economic rights that require positive action to be ensured by states (Willems & Vernimmen, 2017). In many cases the historical and current political, cultural, and social realities of each state play an important role in the manner in which these rights are ensured (Willems & Vernimmen, 2017).…”

“…In contrast to what are called first-generation rightstypically civic and political rights such as the right to free speechrights related to education are understood as second generation rights, which refer to the social, cultural, and economic rights that require positive action to be ensured by states (Willems & Vernimmen, 2017). In many cases the historical and current political, cultural, and social realities of each state play an important role in the manner in which these rights are ensured (Willems & Vernimmen, 2017). In Europe, for example, questions as to whether refugee students can be assessed additional fees, have a right to education in their native language, or can/should be placed in a separate learning environment provide examples of how the securing of second generation rights on the ground remain topics of social, cultural, and legal debate (Willems & Vernimmen, 2017).…”

“…In many cases the historical and current political, cultural, and social realities of each state play an important role in the manner in which these rights are ensured (Willems & Vernimmen, 2017). In Europe, for example, questions as to whether refugee students can be assessed additional fees, have a right to education in their native language, or can/should be placed in a separate learning environment provide examples of how the securing of second generation rights on the ground remain topics of social, cultural, and legal debate (Willems & Vernimmen, 2017).…”

Unaccompanied Migrant Children’s Rights: A Prerequisite for the 2030 Agenda’s Sustainable Development Goals in Spain and Sweden

“…These rights are social, economic, and cultural rights, such as education, care, and health. Unlike first-generation rights (also called freedom or civic and political rights) that aim to protect individuals from state interference, second-generation human rights require the state to allocate public resources that are not always possible to offer (Willems and Vernimmen 2017).…”

Promoting Inclusion of Students with Disabilities through Equitable Classroom Practices

“…Education empowers and creates ability among the individuals and the societies to utilize their human capabilities for social and economic development (Machin & Vignoles, 2018). Education is a fundamental right and everyone is entitled to it (Willems & Vernimmen, 2018). For this, the development of a widely accessible quality and equitable education system is a critical requirement.…”