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OBSTACLE 3: PROGRESSING BEYOND SECONDARY EDUCATION
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OBSTACLE 4: PARTICIPATING IN EXTRACURRICULAR ACTIVITIES
Although the right to education encompasses the concept of ‘lifelong learning’
which envisages continuous education extending beyond secondary and
even tertiary education; for stateless youths this is usually not a possibility.
Accessing vocational or university programmes is normally out of reach given
that most tertiary level institutions prioritise access for nationals. Citizens may
be eligible for free entry, heavily discounted tuition and/or scholarships, grants
or bursaries. In contrast, non-nationals are normally admitted as ‘international
students’, and admission requirements often include proof of nationality and
financial means – both of which are prohibitive for stateless youths.
When it comes to formal education, it is clear that stateless children are in a
severely disadvantaged position from an early stage and then face continuous
challenges and setbacks during their education journey – impacting their
formative years. In fact, the consequences of exclusion extend beyond
academic instruction, affecting every aspect of a child’s developmental journey,
including their non-academic life. Lack of nationality can hinder participation
in excursions, field trips, sports and other extracurricular activities, potentially
leading to significant psychological effects on children who are already
marginalized and stigmatized.
If a stateless youth is fortunate enough to eventually gain access to tertiary level
education, there is frequently a considerable delay or gap in studies while issues
relating to documentation or legal status are resolved. Certain programmes
may also be reserved exclusively to a state’s own nationals because these are
associated with protected professions. Restricted access to the labour market
can also place internships and job placements off limits to stateless youth,
further hindering opportunities to pursue or complete advanced studies in
a particular area. These circumstances can force young people impacted by
statelessness to abandon their original aspiration or ambitions, in favour of
accepting any opportunity available.
15-year-old Daniela Lima Rodriguez was born in South African to Cuban
parents. At the time of her birth, Daniela was stateless.19 As a result of successful
litigation,20 South African courts delivered a landmark ruling clarifying that
Daniela should be recognized as a South African national and directed the
Department of Home Affairs to register her as such.21 The case set legal
precedent in South Africa because it was the first of its kind to recognize the
rights of stateless children to acquire a nationality. However, the ruling has yet
to be implemented, leaving Daniela in unfortunate limbo having not acquired
any proof of nationality or a legal ID, which has had a significant impact on her
ambitions and dreams. As a member of her high school volleyball team, Daniela
is passionate about volleyball, and she excels at the sport. She often has the
opportunity to play national tournaments and represent her school in South
Africa, but her lack of identity had presented drawbacks.
Neha Gurung is a formerly stateless person from Nepal. As a fierce human
rights lawyer, she continues to advocate for equal nationality rights. The
turning point in her life came when she had to give up her dream of pursuing
a career as a medical doctor because her country’s law denied her citizenship
through mother. Her first educational setback as a stateless person came when
she attempted to register for her high school final exams. The registration
form made the father’s name mandatory. Being raised by a single mother,
the registration process was her first encounter with the catastrophe that lay
ahead. After high school, her right to pursue higher education and her dream
of becoming a medical doctor came to a halt because one needs to produce a
citizenship certificate for university-level study.
Through persistent advocacy, combined with legal action,18 Neha eventually
acquired nationality, but she missed several important milestones along the
way. She eventually pivoted away from her dreams of becoming a doctor, not
because she lost hope, but because circumstances determined otherwise. She
was able to informally arrange admission to law school, where she was allowed
to begin her legal studies while awaiting citizenship. On reflecting about her past
and recognizing the present, she finds solace in being an advocate for stateless
people.
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