UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
Nations General Assembly20 to protect the right to respect human
rights and to take steps to create an environment in which rights can
be fully achieved. By virtue of Article 10 (1) of the ICESCR, the state
parties to the covenant recognise that the widest possible protection
and assistance should be accorded to the family, including for the care
and education of dependent children. In addition, Article 10 (3) of the
ICESR 1966 mandates states to protect children and young persons
from economic and social exploitation, as well as exploitation via the
employment of child labour. Therefore, a signatory member country
to the ICESCR 1966 is responsible to protect stateless children within
its jurisdiction.
(vii) The Convention against Discrimination in Education 1960
(CADE)
The UDHR asserts the principle of non-discrimination and proclaims
that every person has the right to education via the UNESCO’s
Convention against Discrimination in Education 1960 (hereafter cited
as the CADE 1960), which recognizes and respects the diversity of
national educational systems. The CADE proscribes any form of
discrimination in education, promotes equality of opportunity and
treatment for all in education21. Article 3 of the CADE requires State
parties to undertake the obligation in pursuance of eliminating and
preventing discrimination pertaining to education to all persons and
children. By virtue of Article 4 of the CADE, State parties undertake
a legal obligation to promote equality of opportunity and treatment in
the matter of education for all children. As such the declaration seeks
to protect human rights in the context of education and protection
from discrimination for stateless children within the state parties that
ratify the CADE 1960.
Based on research findings and official reports by the United Nations,
many countries seem to have the definition of stateless children within
the interpretation of the national laws of these countries, and according
20
21
Karina Weller. ( January 7, 2019). What is the International Covenant on
Economic, Social and Cultural Rights?
https://eachother.org.uk/what-is-the-international-covenant-on-economic-socialand-cultural-rights/>. Retrieved date: 18.4.2021
UNESCO. Legal instruments –UNESCO. Convention Against Discrimination in
Education 1960. http://portal.unesco.org/en/ev.php-URL_ID=12949%26URL_
DO=DO_TOPIC%26URL_SECTION=201.html>. Retrieved date: 14.3.2021.
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