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2. The Government
121. Firstly, the Government states that the legislation on the right to education and on
compulsory education does not provide for any difference in treatment on grounds of a
child’s nationality, the situation of the parents or the lawfulness or uncertain status of the
family’s residence within the jurisdiction of a municipality.
122. In French law, the principle of compulsory education is applied without distinction
“to French and foreign children of both sexes between the ages of six and sixteen”
(Article L. 131-1 of the Education Code). Furthermore, under Article L. 131-6 of the
Code, the mayor, acting on behalf of the state, establishes a list of all the children
residing in his or her municipality subjected to compulsory schooling. According to the
Government, however, children aged between two and six do not have a right to attend
nursery school (Articles L. 113-1 and D. 113-1 of the Education Code; Versailles
Administrative Court of Appeal, 15 July 2010, No. 09VE01330). An application for a child
to attend nursery school may be rejected on grounds of unavailability of places (Lyon
Administrative Court, 12 November 1997, Ms Riquin, No. 9701854).
123. The Government further refers to the situation of children of non-sedentary
families, i.e. travellers.
124. As for the certificate of residence required from parents of Roma children, the
Government replies that such a request in no way affects the right to education of the
child concerned as it is intended to determine the competent establishment to which the
child must be admitted to in accordance with Articles L. 131-5 and L. 131-6 of the
Education Code and Article D. 211-11 on lower and upper secondary school catchment
areas.
125. As to the difference in treatment between Roma children and other children, the
Government states that differences may exist with regard to enrolment applications
made in the course of the academic year and those made in accordance with the school
calendar, which reflects an objective difference in the situation, stemming from the
constraints of school intake capacity. If the school in the sector of residence has
reached full capacity by the date of the application, the pupil has to be enrolled in
another establishment. It adds that mediation carried out in each administrative
department by the education authority’s centres for schooling of new arrivals and
travellers (CASNAVs) with families and local partners from institutions and associations
(including local councillors, social workers, youth workers and association members)
helps to ensure that mayors do not avoid their responsibility for registering families who
cannot provide evidence of residing in their municipality. By asking to meet the families,
national education services likewise attempt to ensure that the people concerned are
properly informed, as well as to establish which body suits best to the child’s specific
needs in view of his or her academic and language level.
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