camps.3 , The committee reiterated its concern at the lack of access to education for Rohingya girls in its November 2016 review.32 The Committee issued a General Recommendation in 2017 that states should provide “universal, free and compulsory education from pre-school up to the secondary level regardless of socio-economic status for citizens of the state as well as for girls and women with migrant and refugee status.” 33 The International Covenant on Economic, Social and Cultural Rights (ICESCR) states that governments must recognize the right of everyone to education, that shall enable all persons to participate effectively in a free society, including that primary education shall be compulsory and free to all.3*4 Children with disabilities and older children should have equal access to education. The UN Committee on Economic, Social and Cultural Rights, the independent expert committee that provides authoritative guidance on the ICESCR, has observed that “[t]he obligation to provide primary education for all is an immediate duty of all States parties.”345 In addition, states are obligated to provide everyone access to public educational institutions on a non-discriminatory basis.3*© The committee reaffirmed, in line with the non-discrimination requirements in article 2, that nationality is not a legitimate ground upon which to deny access to a right, including a child’s right to education.37 The committee specifically outlined within that requirement the right of asylum seekers and refugees to education.3"8 311 UN Committee on the Elimination of Discrimination Against Women (CEDAW), Concluding observations, Bangladesh, March 2011, paragraphs 27-28, http://daccess-dds- ny.un.org/doc/UNDOC/GEN/G11/417/30/PDF/G1141730.pdf?0penElement 3 (accessed June 8, 2019). 312 CEDAW, Concluding observations, Bangladesh, November 25, 2016, paragraph 40(d), https://documents-ddsny.un.org/doc/UNDOC/GEN/N16/402/50/PDF/N1640250.pdf?0penElement (accessed June 12, 2019). 313 CEDAW, General Recommendation No. 36 on the right of girls and women to education, CEDAW/C/GC/36, November 16, 2017, paragraph 39(a), https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%2o0Documents/1_Global/CEDAW_C_GC_36_8422_E.pdf (accessed July 26, 2019). 314 International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted December 16, 1966, G.A. Res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan. 3, 1976, http://www.refworld.org/docid/3ae6b36co.html, art. 13. Human Rights Watch believes secondary education should also be compulsory and free to all. 315 UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 13, The Right to Education, U.N. Doc. E/C.12/1999/10 (1999), para. 51. 316 |bid., para. 57. 317 CESCR, General Comment No. 20, Non-Discrimination in Economic, Social and Cultural Rights, U.N. Doc. E/C.12/GC/20 (2009), http://www.refworld.org/docid/4a60961f2.html (accessed June 8, 2018), para. 30. 318 CESCR, General Comment No. 20; CESCR, “Statement of the CESCR: Duties of States Towards Refugees and Migrants under the ICESCR,” March 31, 2017, U.N. Doc. E/C.12/2017/1 (2017), https://undocs.org/E/C.12/2017/1 (accessed July 23, 2018). “ARE WE HUMAN?” 78