In the light of the assessment that “Education is both a human right in itself and an indispensable means of realizing other human rights” (CESCR, General Comment No. 13, 1999), the paper focuses on the obligation imposed by human rights treaties to provide full access to education to migrant children, irrespective of their status or the status of their parents. After a comprehensive analysis of the European and international legal framework of the right to education, particularly dealing with positive obligations, the paper evaluate different practices of integration (or non-integration) of foreign students into primary and secondary school in Europe, assessing their conformity with human right obligations of states. Particula attention is payed to the role of human rights courts and bodies.
De Vittor, F., Migrant Children's Right to Education, in Ippolito, F., Biagioni, G. (ed.), Migrant Children: Challenges for Public and Private International Law, Editoriale scientifica, Napoli 2016: <<LA RICERCA DEL DIRITTO NELLA COMUNITÀ INTERNAZIONALE>>, 247- 271 [http://hdl.handle.net/10807/99267]
Migrant Children's Right to Education
De Vittor, FrancescaPrimo
2016
Abstract
In the light of the assessment that “Education is both a human right in itself and an indispensable means of realizing other human rights” (CESCR, General Comment No. 13, 1999), the paper focuses on the obligation imposed by human rights treaties to provide full access to education to migrant children, irrespective of their status or the status of their parents. After a comprehensive analysis of the European and international legal framework of the right to education, particularly dealing with positive obligations, the paper evaluate different practices of integration (or non-integration) of foreign students into primary and secondary school in Europe, assessing their conformity with human right obligations of states. Particula attention is payed to the role of human rights courts and bodies.
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