2.
Article 21 of the Refugee Convention was modelled on the provisions of the Migration for
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Employment Convention adopted by the International Labour Conference on July 1, 1949. It
deals with rent control and assignment of apartments and premises. The system applied here is
the same as in Article 20: it is an obligation incumbent not only on the state but also on all other
public authorities (municipalities, regional self-governments).
As in other cases where the same problem is dealt with in more than one international
agreement (in this instance, as regards Article 24 of the Migration for Employment
Convention), there is a possibility that one and the same state will be a party to both this
Convention and the other agreement. It is possible that one and the same person will come
under two agreements, for instance, as a migrant worker under the special convention and
as a stateless person under this Convention. Since the parties to the special agreement
and to this Convention may be different, they will have to apply the most liberal provisions
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because they would fulfil both obligations.
Article 22
Public education
1.
The Contracting States shall accord to stateless persons the same treatment as is
accorded to nationals with respect to elementary education.
2.
The Contracting States shall accord to stateless persons treatment as favourable
as possible, and, in any event, not less favourable than that accorded to aliens generally in
the same circumstances, with respect to education other than elementary education, and,
in particular, as regards access to studies, the recognition of foreign school certificates,
diplomas and degrees, the remission of fees and charges and the award of scholarships.
1.
The Yugoslav representative at the conference proposed to apply to the stateless
persons the “national” treatment in all educational matters, but he found no support in the
Conference. There was no further debate on the provisions of this article. At the request of the
representative of Philippines the two paragraphs of the Refugee Convention were voted on
separately. The first was adopted by a vote of 22 to none, with 3 abstentions, and the second by
20 votes to none, with 1 abstention. The whole article was approved by a vote of 22 to none, with
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1 abstention.
2.
The heading of this article, taken over from the Refugee Convention, is of considerable
importance despite the decision of the Refugee Conference that the titles of the Chapters and of
the Articles of the Conventions are included for practical purposes and do not constitute an
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element of interpretation, because para. 1 speaks simply of “elementary education”, which
could be construed to include public and private elementary schools. The heading of this article,
“Public education”, restricts its application rather considerably, excluding private schools. This is
in line with the intention of the Ad Hoc Committee that this provision should “apply only to
education provided by public authorities from public funds and to any education subsidized in
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International Labour Conference, Conventions and Recommendations, 1919-1949, p. 863.
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This question arose in the Ad Hoc Committee, but the consensus was that it was impossible to foresee future
developments in the field of international social agreements which might affect the Convention. (See the statement of the
Israel representative in SR.38, p. 10). The position taken by the Chairman was that a refugee would receive whichever
was the more favourable treatment (SR.38, p. 14).
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SR.7, pp. 12-13.
Final Act, Section II. The decision was made on the basis of a suggestion by the representative of Israel, who sought to
retain the headings and at the same time pointed out that they do not form an integral part of the Convention (SR.34, p.
15). It is worth noting that the President did not feel there could be any question of the interpretation to be placed on
headings, except in the case of Article 22 "Public education" (SR.35, p. 37).