159 whole or in part by public funds or to scholarships derived from them”. What is “elementary” education and what is higher education depends on the definition applied in the given country. 3. Paragraph 1 of Article 22 of the Refugee Convention was inspired by Article 26 (1) of the Universal Declaration of Human Rights, which proclaimed that elementary education should be 160 compulsory and free. It was obvious that in compulsory and free education refugees cannot be treated differently from nationals. Paragraph 1 assimilates stateless persons in regard to public elementary education to nationals. In regard to schools other than those referred to in para. 1 of this article they are to enjoy only treatment in accordance with Article 7 (1). 4. Paragraph 2 treats of all grades of education other than elementary, including recognition 161 of school certificates and diplomas acquired abroad. 162 The aforesaid restriction to public schools is valid here, too. 5. As in the case of Article 20, no explicit reference is made to either lawful stay or habitual residence. In this respect, paragraph 2 does not constitute a problem because the treatment accorded to stateless persons is anyhow not too favourable. It must be assumed that paragraph 1 is equally applicable to both resident and non-resident stateless persons, in view of the generally accepted nature of public elementary education, as discussed above. Article 23 Public relief The Contracting States shall accord to stateless persons lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals. 1. This article provoked some discussion in the conference. The French representative explained that his instructions from his Government did not provide for the inclusion of Article 23 of the Refugee Convention in the instrument to deal with stateless persons because in matters of public relief France did not accord to all foreigners the same treatment as to nationals. For this reason, he did not feel that “national” treatment should be accorded to stateless persons. The German representative said, on his part, that there were in his country slight differences between the treatment accorded, in this field, to aliens and to nationals and that these differences would compel him to make a reservation on Article 23. A decision to incorporate Article 23 of the Refugee Convention in the instrument dealing with stateless persons was adopted by 17 votes to 163 none, with 6 abstentions. 2. This article of the Refugee Convention was drafted by the Ad Hoc Committee on the basis of the resolution on Migration adopted by the Economic and Social Council on July 13, 1950. In drafting this article the Ad Hoc Committee expressed its understanding that refugees 159 E/1618, Comments to Article 17. The British representative in the Refugee Conference interpreted this article as referring only to those matters of treatment in respect of elementary education over which the Contracting State concerned had direct control, whether financial or other (SR.35, p. 8). 160 Ibid., Comments to Article 17. 161 There was no unanimity in the Refugee Conference on whether the provision of Article 22 relating to the recognition of school certificates referred to admission of refugees to educational institutions only or also the exercise of professions (SR.35, pp. 6-7). The wording of Article 19 (1) leaves no doubt that the first interpretation is correct. 162 See the statement by many representatives in the Ad Hoc Committee (SR.15, para. 43 ff). Para. 2 does not relate to bilateral agreements concluded under the auspices of UNESCO based on the principle of reciprocity; in this case Art. 7 is to be applied (Ibid., para. 48 ff.) 163 SR.7, p. 13