Access to Education
Despite broad acceptance of the obligation to provide primary education to children of all
statuses,109 including stateless and refugee children, each country faces significant practical
hurdles in the implementation of this right. These include a lack of civil registration or refugee
status documentation and the exclusionary financial burden of costs such as educational
materials and examination fees. In some countries, where accessing primary education is generally
possible, stateless individuals and refugees may nevertheless be excluded from continuing
their education at the secondary and tertiary levels. The positive practices included under this
subsection thus focus on clarifying the applicability to stateless and refugee communities of
the right to access education, as well as other policies and initiatives aimed at overcoming
bureaucratic and practical barriers to enrollment in public schools for members of these groups.
Legislative Practice
Domestic Codification of Access to Education as the Right of All Children
In Pakistan, Bangladesh, India, and Thailand, legislation has been adopted to implement Article
28(a) of the Convention on the Rights of the Child at the national level, explicitly recognizing that
the right to education extends to non-citizen children.
PAKISTAN
The Right to Free and Compulsory Education Act, 2012 guarantees the fundamental
right to free and compulsory education in a neighborhood school to all children,
regardless of sex, nationality, or race, making no mention of immigration status.
BANGLADESH
The state’s obligation to provide free and compulsory education to all children is affirmed
in Article 17 of the Constitution of the People’s Republic of Bangladesh, and the Primary
Education (Compulsory) Act, 1990 provides the government with the power to issue orders
declaring primary education mandatory for all children ages six to ten who live within the
area specified in these orders.
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UND OING PRECARIT Y: ELE VATING P OSITIVE PR ACTICES FOR REFU GEE PROTECTION IN SO U TH AND SO U THE AST ASIA
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