23. In light of the foregoing, the Institute on Statelessness and Inclusion urges the Special
Rapporteur on the right to education to address the equal right to education for stateless
children in her annual thematic report to the Human Rights Council, and specifically to:
I.
II.
III.
IV.
Emphasize the universal right to education for all children, including stateless
children, who face unique challenges to meet minimum requirements for school
enrolment and completion due to their lack of nationality and/or documentation.
Urge States to fully comply with their international, regional, and national obligations
relating to the right to education, by ensuring education is available and accessible to
all children within the jurisdiction on an equal and non-discriminatory basis,
irrespective of their nationality, immigration status or statelessness.
Urge States to remove any legal and/or practical barriers that effectively deny
stateless children access to education and adopt necessary administrative and/or
policy measures and guidelines that reflect the principles of non-discrimination,
equality and the best interests of the child as a way to reach the most marginalised
groups, included stateless children.
Urge States to ensure the coherent application of legal and administrative policies
related to access to education for stateless children at national and sub-national
level, and further encourage states to use the opportunity when encountering
stateless and undocumented children to desist from penalising them, but instead,
facilitate the provision of documentation and nationality where appropriate.
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