Integrating Immigrant Children into Schools in Europe

Integrating Immigrant Children into Schools in Europe1.2. European Legislation on the Right to Education of Immigrant ChildrenThe 25 July 1977 Directive of the Council constitutes the first legislative measure of the EuropeanCommunity concerning the education of the children of migrant workers. It relates solely to the childrenof immigrants from the Member States and includes provision for education adapted to their specialneeds, as well as tuition devoted to their mother tongue and culture of origin. Consideration of thisDirective has been important for countries joining the European Union in May 2004, in that it hassometimes influenced their national policy for the education of immigrant children.Recent European Directives (shown in Figure 1.1 of annexe 1) define immigrant children as minors whoare nationals of third countries, whether or not they are accompanied. They enjoy certain educationalentitlements which depend on their legal position. Once these entitlements are established by Councildirectives, they have to be incorporated into national legislation before taking full effect.According to European law, minors who are children of third-country nationals with the status oflong-term residents ( 3 ) have since November 2003 received the same treatment as nationals as far aseducation is concerned, including the award of study grants ( 4 ). But Member States may restrict thisprinciple of equal treatment, by requiring proof of appropriate language proficiency for access to theeducation system.Since January 2003, minors who are children of asylum seekers or are themselves asylum seekershave been able to access the education system under conditions similar to those applicable to citizens ofthe host Member State ( 5 ). Such education may be provided in accommodation centres. Access to theeducation system may not be postponed for more than three months once the application for asylum bythe minor or one of his or her relatives has been submitted. However, it may be postponed for a yearwhen special tuition is provided to facilitate access to the system. If access is not possible because of theparticular situation of the minor concerned, the Member State may offer other educational arrangements.In the case of immigrant children who are irregularly present on European Union territory, no form ofeducational entitlement is specified in European legislation.Directive 2000/43/EC is liable to have a bearing on the education of all immigrant children but does notcover differences in treatment based on nationality and is without prejudice to the conditions ofresidence of third-country nationals. It seeks to prohibit any discrimination based on race or ethnic originin different areas, including education (see article 3). The same Directive entitles immigrant children orchildren of immigrant origin to appeal in the event of treatment less favourable than that applicable tonationals (direct discrimination), or when an apparently neutral provision, criterion or practice would putthem at a disadvantage (indirect discrimination).( 3 ) This status is obtained after 5 years of continuous legal residence in the Member State, except in certain circumstances,assuming those concerned can support themselves financially. For further details, see Directive 2003/109/EC, articles 4and 5.( 4 ) See Directive 2003/109/EC, article 11. Denmark, Ireland and the United Kingdom do not take part in the adoption ofthis Directive.( 5 ) See Directive 2003/9/EC, article 11. Denmark, Ireland and the United Kingdom do not take part in the adoption of thisDirective.12