-7- Schooling of children 16. The Equal Opportunities and Anti-Discrimination Commission's deliberation (HALDE) No. 2009-233 of 8 June 2009: "(...) By a letter dated 31 October 2008, two associations complained to the Equal Opportunities and Anti-Discrimination Commission (HALDE) about refusals to admit the children of Roma families from Romania to school. (…) Under Article L.113-1 of the Education Code 'nursery and infants schools, in both rural and urban areas, shall be open to children who have not yet reached the compulsory school age. Any child having reached the age of three must be able to attend a nursery or infants school as near as possible to his/her home if his/her family so requests. (…) (…) As the HALDE already noted in its deliberations Nos. 2007-30 of 12 February 2007 and 2007-372 of 17 December 2007 such refusals of admission to school are illegal. The regulations concerning registration with a school and those concerning town planning, housing and parking are entirely separate. The right to education is a fundamental right over which a municipality has no discretion. The mayor's refusal accordingly constitutes a blatant abuse of authority. (…) A number of circulars stipulate that all children present in French territory absolutely must be admitted to school, regardless of their nationality, their immigration status in France or the lawfulness of their presence on a site in the light of the planning rules. (…) The repeated refusal to admit these children to school, in clear violation of the Education Code and based on their residence conditions, is accordingly blatantly unlawful and constitutes discrimination on grounds of origin. (…) Lastly, the Commission brings this deliberation to the attention of the Prefect of V, requesting him, if appropriate, to utilise the powers conferred on him under Articles L 2122-27 and L.2122-34 of the General Code of Local Government, whereby, when a mayor is clearly not fulfilling his or her duties as the state's agent, the Prefect may designate a representative having binding authority to register the children at the town hall and with the schools concerned." 17. The Rights Defender's decision No. MLD/2012-33: "Observations before the P Administrative Court submitted under Article 33 of Law No. 2011-333 of 29 March 2011 1. On 4 March 2011 V and A complained to the Equal Opportunities and Anti-Discrimination Commission (HALDE) about a refusal to admit their son T to school, considering themselves victims of discrimination on account of A's Bulgarian nationality and their membership of the Roma community. (…) 19. All children's fundamental right to education is guaranteed by both national and international law. (…) 25. Furthermore, Articles L. 131-1 and L. 131-6 of the Education Code provide that, at the start of a new school year, a mayor shall draw up a list of all the children resident in his/her municipality who are subject to compulsory schooling, and therefore of all children aged between six and sixteen of either gender, whether they are French or foreign. (…) 30. In the case of children of foreign origin, for whom education is all the more important, the Education Ministry's Circular No. 91-124 of 6 June 1991 provides 'in accordance with the general