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Integrating Immigrant Children into Schools in Europe

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<strong>Integrat<strong>in</strong>g</strong> <strong>Immigrant</strong> <strong>Children</strong> <strong><strong>in</strong>to</strong> <strong>Schools</strong> <strong>in</strong> <strong>Europe</strong>ANNEXE 1 (CHAPTER 1)Figure 1.1: Reference documents on <strong>Europe</strong>an Union policies and legislationrelat<strong>in</strong>g to the education of immigrant childrenA. <strong>Children</strong> of migrant workers who are Member State nationalsLegislative document:Council Directive 77/486/ECThe Directive obliges Member States, <strong>in</strong> cooperation with States of orig<strong>in</strong> and <strong>in</strong> coord<strong>in</strong>ation withma<strong>in</strong>stream education, to promote teach<strong>in</strong>g of the mother tongue and culture of the country oforig<strong>in</strong>. It calls on Member States to promote teach<strong>in</strong>g adapted to the specific needs of suchchildren with<strong>in</strong> a period of four years and to take the measures necessary for the <strong>in</strong>itial and furthertra<strong>in</strong><strong>in</strong>g of the teachers who are to provide this tuition.B. <strong>Children</strong> of third-country nationals who arrive on EU territory as well as ethnicm<strong>in</strong>orities who have already settled <strong>in</strong> the EULegislative document:Council Directive 2000/43/ECThe Directive provides a legal framework for combat<strong>in</strong>g discrim<strong>in</strong>ation based on racial or ethnicorig<strong>in</strong> <strong>in</strong> different areas such as education. But the pr<strong>in</strong>ciple of non-discrim<strong>in</strong>ation does not extendto differences of treatment based on nationality and is without prejudice to provisions govern<strong>in</strong>gthe entry and residence of third-country nationals and to any treatment aris<strong>in</strong>g from their legalstatus.C. M<strong>in</strong>ors who are the children of asylum seekers or themselves asylum seekersLegislative document:Council Directive 2003/9/ECAccess to the education system <strong>in</strong> accordance with conditions similar to those applicable toMember State nationals. Such education may be provided <strong>in</strong> accommodation centres.D. <strong>Children</strong> of immigrant parents who are legal residents and hold a long-term residencepermitLegislative document:Council Directive 2003/109/CEObligation on Member States to afford access for m<strong>in</strong>ors to the educational system underconditions similar to those laid down for their nationals, <strong>in</strong>clud<strong>in</strong>g the award of study grants <strong>in</strong>accordance with national legislation. But Member States may restrict access to the educationalsystem by requir<strong>in</strong>g proof of appropriate language proficiency.78

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