This motion has not been discussed in the Assembly and commits only those who have signed it.
States have a positive obligation to fulfil education rights
for migrated children, especially those most vulnerable (such as
undocumented migrants). This has been confirmed by the United Nations’
CESCR General Comment 13 on the Right to Education (Art. 13) which
states that “the principle of non-discrimination extends to all persons
of school age residing in the territory of a State party including
non-nationals, and irrespective of their legal status.”
For migrated children, education is both a human right in
itself and an indispensable means of realising other human rights.
As an empowerment right, it is the primary vehicle by which economically
and socially marginalised persons can lift themselves out of poverty
and obtain the means to participate fully in their communities.
Education has a vital role safeguarding migrated children from exploitative
and hazardous labour and sexual exploitation.
As such, compulsory education can be essential to the integration,
the empowerment and the protection of migrated children. Yet, recent
OECD research shows great disparities among European States in the
school participation levels of first and second generation migrated
children. The figures also show that these children tend to do better
in countries where education is free and accessible to all.
The Parliamentary Assembly should investigate and report on
the educational provisions for migrated children made by the member
States of the Council of Europe, and subsequently develop appropriate recommendations
and guidelines.