CMW/C/GC/4-CRC/C/GC/23
should be paid to resolving the issues surrounding complicated health services that require
prompt and extensive responses, in which discriminatory approaches may severely affect
the health of migrant children and significantly delay their treatment and recovery period.
The commitment of health professionals should be first to their patients and to upholding
children’s health as a human right.
58.
Restrictions on adult migrants’ right to health on the basis of their nationality or
migration status could also affect their children’s right to health, life and development.
Therefore, a comprehensive approach to children’s rights should include measures directed
at ensuring the right to health to all migrant workers and their families, regardless of their
migration status, as well as measures aimed at ensuring an intercultural approach to health
policies, programmes and practices.
J.
Right to education and professional training (articles 30, 43 and 45 of
the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families; articles 28, 29, 30
and 31 of the Convention on the Rights of the Child)
59.
All children in the context of international migration, irrespective of status, shall
have full access to all levels and all aspects of education, including early childhood
education and vocational training, on the basis of equality with nationals of the country
where those children are living. This obligation implies that States should ensure equal
access to quality and inclusive education for all migrant children, irrespective of their
migration status. Migrant children should have access to alternative learning programmes
where necessary and participate fully in examinations and receive certification of their
studies.
60.
The Committees strongly urge States to expeditiously reform regulations and
practices that prevent migrant children, in particular undocumented children, from
registering at schools and educational institutions. States should also develop effective
firewalls between educational institutions and immigration authorities and prohibit the
sharing of students’ data as well as immigration enforcement operations on or near school
premises, as these practices limit or deprive migrant children or children of migrant
workers in an irregular situation of their right to education. To respect children’s right to
education, States are also encouraged to avoid disruption during migration-related
procedures, avoiding children having to move during the school year if possible, as well as
supporting them to complete any compulsory and ongoing education courses when they
reach the age of majority. While access to upper-level education is not compulsory, the
principle of non-discrimination obliges States to provide available services to every child
without discrimination on the basis of their migration status or other prohibited grounds.
61.
States should put in place adequate measures to recognize the child’s former
education by acknowledging previously obtained school certificates and/or issuing new
certification based on the child’s capacities and capabilities, to avoid creating
stigmatization or penalization. This is equally applicable to countries of origin or third
countries in the case of return.
62.
The principle of equality of treatment requires States to eliminate any discrimination
against migrant children and to adopt appropriate and gender-sensitive provisions to
overcome educational barriers. This means that, where necessary, targeted measures are
needed, including additional language education, 33 additional staff and other intercultural
support, without discrimination of any kind. States are encouraged to dedicate staff to
facilitating access to education for migrant children and to promoting the integration of
migrant children into schools. In addition, States should take measures aimed at prohibiting
and preventing any kind of educational segregation, to ensure that migrant children learn
the new language as a means for effective integration. State efforts should include the
provision of early childhood education as well as psychosocial support. States should also
33
14
See article 45 of the International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families.