Integrating Immigrant Children into Schools in Europe

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CHAPTER 3RIGHTS TO EDUCATION AND TO SUPPORT MEASURESThis survey takes as its starting point children who experience schooling in a country other than thecountry of their, or their parents’ or grandparents’, origin. This frame of reference therefore encompassesa number of legally distinct situations, including refugees, as defined by the 1951 United NationsConvention Relating to the Status of Refugees and persons seeking asylum in terms of that Convention asdefined by national laws. Children of migrant workers may benefit from the provisions of Europeanlegislation to the extent that they are nationals of EU member states (Council Directive 77/486/EEC) orchildren of third country nationals with long-term residence status (Council Directive 2003/109/EC). Otherimmigrant children who fall within the scope of this survey, namely, children of third country workerswho are not long-term residents, irregularly resident children and children of immigrant origin do notnecessarily benefit from specific legal provisions with respect to education.This chapter looks firstly at the extent of rights and obligations to attend school and to benefit fromsupport measures and secondly, at the right to benefit from school services and financial assistanceoffered by the school system. It shows that although the right to receive education may to some extentdepend on the legal status of the child, special measures designed for immigrant children are not usuallystatus-based. In almost all countries, the right to support measures is based on the need to ensure thatthe immigrant child is proficient in the language of instruction. The types of support measures availablewill be described in greater detail in Chapter 4.3.1. The Right and the Obligation to Receive Free EducationMost countries extend the right to education to all children of compulsory school age irrespective of theirimmigration status. This right takes expression in a number of international legal instruments, includingthe United Nations Universal Declaration of Human Rights (Article 26) and the United Nations Conventionon the Rights of the Child (Article 28). As a general rule, all children in compulsory schooling are givenequal access to school services and have the same rights to financial assistance (see 3.2).Children whose residence status is irregularBelgium, the Czech Republic, Greece, France, Ireland, Italy, Luxembourg, the Netherlands, Austria andPortugal explicitly permit school enrolment for the children of irregular immigrants ( 1 ).The right to education can also be considered to be implicit where there is no impediment to theenrolment of children who do not have legal residence status in the country. This is the case in Germany,Estonia, Spain, Cyprus, Latvia, Hungary, Malta, Slovenia, Finland, the United Kingdom, Bulgaria andRomania. In these countries, either no link is established with the need to hold a specific type of residencestatus in order to be admitted to school, or no mention is made at all of categories of children who have aright and an obligation to attend school.( 1 ) Belgium: reference to the Constitution, article 24 paragraph 3, Czech Republic: Regulation No. 21 836/2000-11, Greece:Article 40 of L. 2910/2001, France: Ordonnance n° 2000- 549, article L.131 – 1, Ireland: Education Act 1998, Italy: 1995,legislation not specified, Luxembourg: July 2003 regulation, Netherlands: reference contained in the Constitution,Austria: reference to the Constitution and to the Schulpflichtgesetz, Portugal: Constitution of the Portuguese Republic.33
Integrating Immigrant Children into Schools in EuropeBy contrast, in some countries there is no obligation for schools to enroll children who are irregularlyresident. This is the case in Denmark, Lithuania, Poland, Sweden and Iceland. These countries requireproof of residence status prior to admitting children into the school system. In Poland, for example,children must be registered as an inhabitant of the municipality, while in Iceland, children must have theirlegal domicile in the country.Schooling and length of residenceIn some countries, the principal approach is to define the right, together with its corollary, the obligation,to attend school in terms of length of residence in the country. This is the case in all of the Nordiccountries (although in Denmark the length of residence requirement only applies to asylum seekers), aswell as in Hungary (one year residence permit) and in Austria (six months).In Sweden, children who have applied for a residence permit or who hold a permit for a limited periodhave a right to education but are under no obligation to attend school. This is the only example of acountry where the right to schooling is disassociated from the obligation.Legal residence status may take a number of forms. Permanent residence permit, temporary residencepermit, legal domicile, persons who have been granted asylum or who have submitted an application forasylum are all cited as distinct categories. Several countries have also adopted different categories ofasylum as a response to recent conflict or upheaval in bordering regions.This association between length of residence and education does not at a first view appear to takeaccount of persons residing irregularly. By definition the length of stay of these persons isundocumented. However, it is apparent that a number of countries take a flexible approach in this area.The situation in Norway is that all children have a right to attend primary and lower secondary school ifit is expected that they will remain in the country for more than three months. There is an obligation toattend school once the period of residence has exceeded three months.Asylum seeker childrenAsylum seekers are in a provisional situation pending the handling by the appropriate authorities of theirapplication for refugee status. These applications are individually determined subject to national rules.The length of time taken to process applications, as well as the rights and obligations of asylum seekersduring this time therefore vary between countries.Demographic data show that some countries accept a very high number of asylum applications, whetherin absolute terms or in proportion to total population (see Chapter 2, Figures 2.3 and 2.4). The number ofchildren falling into this category will by definition be greater than the number of refugee children,sometimes very significantly so. Some of these children are unaccompanied minors, that is, children ‘whoare separated from both parents and for whose care no person can be found who by law or custom hasprimary responsibility.’ Very little mention is made in the national contributions of specific guarantees orrights to educational support measures for unaccompanied minors. There is specific provision for thesechildren in Ireland, by means of the Separated Children Education Service, set up in 2003.The Czech Republic is the only country to have adopted specific legislation on the education of asylumseeker children (the 2002 Methodological Directive on School Attendance by Asylum Seekers). InDenmark, the right to education for asylum seeker children is conditional on their staying in the countryfor more than six months. If their application is processed in less than this time, arrangements for theireducation tend to be of a more flexible nature.34
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Language-learning support measuresI
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UK-SCTLanguage-learning support mea
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AnnexesAT Curricula for German as a
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AnnexesPerson responsible for suppo
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TABLE OF FIGURESChapter 2: Demograp
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REFERENCESLEGISLATIVE DOCUMENTSCoun
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ReferencesUniversity Research Insti
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ACKNOWLEDGEMENTSEURYDICE NETWORKA.
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AcknowledgementsIRELANDEurydice Uni
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