- 41 - 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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents