supporting inclusion, challenging exclusion
Concluding observations of the UN Committee on Economic, Social and Cultural rights – extracts concerning inclusive education and disability, gender, and ethnic background and related issues, 2004-2009
Update - 2012
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A
Albania
(24 November 2006, E/C.12/ALB/CO/1 Unedited version, Concluding observations on initial report, paras. 19, 31, 38, 49, 60 and 68)
“The Committee is concerned that lack of registration of places of residence and other identity documents places practical limitations on the enjoyment of rights, including social security, health services and education. The Committee is concerned about reports that the high civil registration fees can be prohibitive for many disadvantaged and marginalised individuals and families, and that the Roma also face particular difficulties in obtaining personal identification documents, including registration of residence.
“... The Committee is also concerned that the resettlement measures from rural to urban areas has led to the concentration of government programmes to develop infrastructure, education, health care and other essential facilities in urban areas to the detriment of the rural population....
“The Committee is concerned that a high percentage of Roma children, especially girls, are not enrolled in school, or drop out at a very early stage of their schooling, despite the measures undertaken by the State party to increase educational opportunities for them, including the “Second Chance” Project.
“The Committee calls on the State party to intensify its efforts to promote ethnic tolerance, e.g. by including this subject in school curricula and through training of teachers and public awareness campaigns, and to adopt a comprehensive strategy for the integration of persons of a different ethnic origin....
“... The Committee urges the State party: to ensure that its resettlement programmes to rural to urban areas do not lead to a concentration of infrastructure, education, health care and other essential facilities in favour of urban areas to the detriment of the rural population....
“The Committee urges the State party to continue to take effective measures to increase school attendance by Roma children, especially girls, including at the secondary level, including, inter alia, through the grant of scholarships and the reimbursement of expenses for schoolbooks and of travel expenses to attend school, and recruiting additional school personnel from among members of the Roma community.”
Angola
(1 December 2008, E/C.12/AGO/CO/3, Concluding observations on initial/second/third report, paras. 15, 38 and 39)
“The Committee is concerned about the discrimination against women, migrants, IDPs, poor people, disabled people and persons affected with HIV/AIDS who suffer from inadequate access to basic education, adequate housing, and health services.
The Committee urges the State party to take all appropriate and effective measures, including the adoption of a global policy, to combat and eliminate discrimination against women, migrants, IDPs, poor people, disabled people, persons affected with HIV/AIDS.
“The Committee notes with concern that: (a) indicators for education in the State party are very low; (b) the illiteracy rate among people over 15 years is very high; (c) children from poor families, girls, children with disabilities, victims of mine accidents and children living in both urban and remote rural areas have limited access to education, including education in their mother tongue, and often drop out of school.... The Committee recommends that the State party:
a) adopt a comprehensive plan of action concerning the educational system;
b) ensure the availability of teachers in remote rural areas, and that they are fully trained and qualified; and
c) increase public expenditure on education in general, and take deliberate and targeted measures towards the progressive realization of the right to education for the disadvantaged and marginalized groups throughout the country.”
Australia
(22 May 2009, E/C.12/AUS/CO/4 Advance unedited version, Concluding observations on fourth report, paras. 31 and 33)
“The Committee notes with concern the persistence in the State party of disparities in access to the educational system for indigenous peoples, including those living in remote areas, compared with the rest of the population, as well as the deficient quality of education provided to persons living in remote areas, in particular indigenous peoples. It regrets that access to pre-school education is not equally guaranteed throughout the State party. (art.2.2 and 13)
The Committee recommends that the State party produce accurate national data on indigenous school-age children in remote areas to assess whether the existing education infrastructure and services meet the needs of indigenous peoples living in remote areas. The Committee also recommends that wherever the school provision does not meet the populations’ needs, the State party develop an adequate national plan to improve the educational system for indigenous peoples, including in remote areas.
“... The Committee recommends that the State party ... preserve and promote bilingual education at schools....”
Azerbaijan
(14 December 2004, E/C.12/1/Add.104, Concluding observations on second report, paras. 15, 33 and 59)
“While noting that the constitutional guarantee of the enjoyment of all rights and freedoms is extended to all foreign citizens and stateless persons, the Committee is concerned about the persistent de facto discrimination against foreign citizens, ethnic minorities and stateless persons in the fields of housing, employment and education....
“The Committee is concerned that pursuant to article 19 of the Legal Status of Aliens and Stateless Persons Act, the State party does not provide free compulsory education to non-Azerbaijani children....
“The Committee calls upon the State party to take effective measures to ensure that all children under its jurisdiction have access to free compulsory education as a right, as stipulated in the Covenant, and to significantly increase the public expenditure on education. In this regard the Committee further encourages the State party to consider amending the Legal Status of Aliens and Stateless Persons Act. The Committee would appreciate receiving further information in the State party's third periodic report.”
B
Benin
(9 June 2008, E/C.12/BEN/CO/2, Concluding observations on second report, paras. 27 and 48)
“The Committee is concerned about reports of low secondary school attendance and low primary school attendance in rural areas, particularly with respect to girls.
“The Committee recommends that the State party take effective measures to increase the primary and secondary school enrolment rate, particularly in rural areas and with respect to girls, by increasing the number of classrooms and teachers, funding the provision of school textbooks and lunches and conducting public campaigns to promote awareness of the importance of education, including for girls.”
Bosnia and Herzegovina
(24 January 2006, E/C.12/BIH/CO/1, Concluding observations on initial report, paras. 12, 28, 29, 32, 50 and 51)
“The Committee expresses its deep concern that returnees, in particular those belonging to ethnic minorities, are often denied access to social protection, health care, school education for their children and other economic, social and cultural rights, thereby impeding their sustainable return to their communities.
“The Committee is deeply concerned about the practice of ‘two schools under one roof’, whereby common premises are either divided or being used at different times to teach separate curricula to children belonging to different ethnic groups, and about the trend in some locations to build separate schools for the respective ethnic groups.
“The Committee expresses its grave concern about the fact that 80 per cent of Romani children do not attend school.
“The Committee calls on the State party to intensify its efforts to ensure the sustainable return of returnees to their home communities by ensuring their equal enjoyment of the Covenant rights, especially in the fields of social protection, health care and education.
“The Committee urges the State party to ensure that the practice of ‘two schools under one roof’, as well as the construction of separate schools for children belonging to different ethnic groups, be discontinued. The Committee recommends that the State party merge and teach one curriculum to all classes, irrespective of ethnic origins, and requests it to report on any steps taken in that regard in its next periodic report.
“The Committee urges the State party to promote equal access by Romani children to primary, secondary and tertiary education, e.g. through the grant of scholarships and the reimbursement of expenses for schoolbooks and of travel expenses to attend school, and to closely monitor school attendance by Romani children.”
Brazil
(22 May 2009, E/C.12/BRA/CO/2 Advance unedited version, Concluding observations on second report, para. 32)
“The Committee is concerned that there remain significant disparities in access to higher education based on region, ethnic origin and gender. The Committee acknowledges the various initiatives taken by the State party to grant wider access to higher education, including the Programme for the Incorporation of Vocational Training into Secondary Education, in the form of Youth and Adult Education (Proeja) and the University for All Programme. (arts. 2.2 and 13.2 (c)).
The Committee recommends that the State party design and implement strategies to improve access to higher education by disadvantaged groups and provide, in its next periodic report, information on the impact of measures taken in this regard.”
C
Cambodia
(22 May 2009, E/C.12/KHM/CO/1 Advance unedited version, Concluding observations on initial to fourth report, paras. 18, 34 and 43)
“The Committee notes with serious concern that despite legislative and other measures of the State party to eliminate discrimination against women, gender stereotyping persists in Cambodian society including practices attributed to tradition such as those contained in the Chbap Srey which is still part of primary education curriculum, and which legitimizes the inferior role of women. This stereotypical attitude recognizes the value of women's work only in the household but not women's work in society, thereby depriving women of their full enjoyment of the Covenant rights. (art. 2.2)
The Committee strongly recommends that the State party remove the Chbap Srey from the primary school curriculum and to replace it with an educational tool that promotes the value of women both in the home and in society….
“… The Committee notes that primary education continues to be a problem for the various ethnic minorities in the north and east of the country where there are 20 minority languages spoken by these groups as their mother tongue while the formal education curriculum has only used Khmer as the medium of instruction. The Committee also notes with concern that indigenous communities may lose their culture and language as a result of a lack of education and information in their own languages. (art. 13, 14 and 15)
The Committee recommends to the State party to extend the coverage of the Education Law to ensure the right to education to all Cambodian children whose first language is not Khmer.
“The Committee recommends … that the State party expand non-formal education programmes particularly for out-of-school girls. (art. 13)”
Canada
(22 May 2006, E/C.12/CAN/CO/4, E/C.12/CAN/CO/5, Concluding observations on fourth/fifth report, paras. 5, 15, 32 and 66)
“The Committee notes with appreciation the reduction in disparities between Aboriginal people and the rest of the population in the State party with regard to infant mortality and secondary education.
“The Committee is concerned ... by the significant disparities still remaining between Aboriginal people and the rest of the population in areas of employment, access to water, health, housing and education....
“The Committee is concerned about information that African Canadian students face difficulties in accessing education and that they experience a disproportionately high drop-out rate from secondary school.
“The Committee recommends that an overall assessment of the situation of African Canadians be conducted, particularly in the area of education, in order to adopt and effectively implement a targeted programme of action to realize their rights under the Covenant.”
Chile
(26 November 2004, E/C.12/1/Add.105, Concluding observations on third report, paras. 29 and 59)
“While noting the progress made in increasing education coverage, the Committee is concerned at the disparity in the quality of education offered in municipal and private schools. The Committee is also concerned about the relatively high drop-out rates, especially among teenage girls.
“The Committee recommends that the State party continue to strengthen efforts to improve the quality of education in municipal schools and to address the issue of dropouts, especially among teenage girls, including by securing adequate support for teenage mothers to continue their education.”
China (including Hong Kong and Macao)
(13 May 2005, E/C.12/1/Add.107, Concluding observations on initial report, paras. 15, 16, 37, 38, 46, 47, 66, 101, 116 and 126)
“The Committee notes with deep concern the de facto discrimination against internal migrants in the fields of employment, social security, health services, housing and education that indirectly result from inter alia, the restrictive national household registration system (hukou) which continues to be in place despite official announcements regarding reforms.
“The Committee is concerned about the reported persistence of discrimination against persons with physical and mental disabilities, especially in terms of employment, social security, education and health.
“The Committee is concerned about the continued irregularities in the State party’s provision of universal access to free compulsory primary education, in particular with regard to rural communities, minority regions, disadvantaged families and internal migrant population. The Committee is also concerned about the high junior middle school dropout rate in some rural areas.
“The Committee notes with concern the reports regarding the discrimination of ethnic minorities in the State party, in particular in the field of employment, adequate standard of living, health, education and culture....
“The Committee calls upon the State party to implement its decision to dismantle the hukou system of national household registration and to ensure that in any system that replaces it, internal migrants will be able to enjoy the same work, social security, housing, health and education benefits enjoyed by those in the urban areas.
“The Committee recommends that the State party adopt effective measures to ensure equal opportunities for persons with disabilities, especially in the fields of employment, social security, education and health.....
“In line with its general comments No. 11 (1999) on plans of action for primary education and 13 (1999) on the right to education, the Committee calls upon the State party to take effective measures to ensure that all children, including migrant children and ethnic minority children, have access to free compulsory primary education. The Committee also calls upon the State party to undertake effective reforms in the current education financing policies so as to allocate sufficient funds to support the provision of free and compulsory nine-year education to all children on national, state and local levels; and to eliminate all school-related fees so as to make compulsory primary education truly free for all children. The Committee further urges the State party to increase public expenditure on education in general, and to take deliberate and targeted measures towards the progressive realization of the right to education for the disadvantaged and marginalized groups throughout the country.
“The Committee urges HKSAR to amend its legislation to provide for the right to education of all school-age children in its jurisdiction, including children of migrants without the legal right to remain in HKSAR.
“While welcoming efforts made by MSAR to enable the integration of children of migrants in the school system, the Committee notes with regret that education provided to children of migrant workers is not free of charge.
“The Committee recommends that MSAR strengthen its efforts to provide free compulsory education to all school-age children, including children of migrant workers.”
Costa Rica
(4 January 2008, E/C.12/CRI/CO/4, Concluding observations on second-fourth report, paras. 7, 9, 15, 29 and 35)
“The Committee notes with satisfaction the State party’s efforts to promote further the cultural development for the indigenous population, including the creation of the Department of Indigenous Education in the Ministry of Education, which has contributed to the revival of indigenous languages, as well as the reflection of indigenous culture in school curricula and the adoption of programmes to promote bilingual education in the indigenous language and Spanish.
“The Committee welcomes the high literacy rate (97 per cent of the population), as well as the sustained legislative, policy and institutional measures adopted by the State party to improve access to and the quality of education, particularly of indigenous communities.
“The Committee regrets that indigenous communities ... suffer from high illiteracy rates, limited access to water, housing, health and education.
“The Committee notes with concern that illiteracy rates among indigenous communities remain significantly higher than the national average, despite of the fact that the State party’s adoption of legislation, policies and programmes to make education accessible to those communities.
“The Committee urges the State party to take all appropriate measures to ensure that ... the indigenous communities have proper access to water, housing, health and education.”
Cyprus
(22 May 2009, E/C.12/CYP/CO/5 Advance unedited version, Concluding observations on fifth report, paras. 24 and 25)
“The Committee is concerned about the still limited opportunities for Cypriot Turkish speaking children to receive instruction in their native language.(art.13)
The Committee urges the State party to take all appropriate measures to increase opportunities for Turkish Cypriot children to receive teaching in their mother tongue. The Committee also encourages the State party to strengthen its efforts to ensure that education in school meets the needs of a diverse society and revise school curricula to include a better understanding of the contribution of Cypriot’s communities and minorities to the State party’s history.
“The Committee expresses deep concern about the circular issued by the 2004 Ministry of Education which request all schools to report to immigration authorities the contact details of the parents of foreign children who enrol for school. The Committee considers that the 2004 circular gives rise to direct or indirect discrimination against migrant children and hinder their access to education. (art.13)
The Committee recalling its General Comment n°13 according to which education must be accessible to all especially the most marginalized and disadvantaged groups, in law and in fact, without discrimination on any of the prohibited ground, calls upon the State party to consider withdrawing this circular.”
D
Democratic Republic of Congo
(20 November 2009, E/C.12/COD/CO/4 Advance Unedited Version, Concluding observations on second to fourth report, paras. 17, 18 and 35)
“The Committee is concerned that while Pygmies continue to suffer extreme forms of societal marginalization in particular with regard to their access to identity document, education, health and labour and in spite of repeated calls by human rights bodies to address the situation, the State party has still not taken the necessary measures to end these human rights violations…. (article 2.2)
“...The Committee notes with concern that in the absence of appropriate social services, most of the adults with disabilities have to resort to begging and their children are excluded from access to education and health. (article 2.2)
“The Committee ... urges the State party to consider ratifying the Convention on the Rights of Persons with Disabilities of 13 December 2006 and the Optional Protocol thereto....
“The Committee … notes with concern that school enrolment of children, especially girls, remains at an extremely low level….
“In light of its General Comment No. 11 of 1999 on Plans of action for primary education, the Committee reminds the State party that article 14 of the Covenant requires each State party which has not been able to secure compulsory primary education, free of charge, to undertake, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory primary education free of charge for all....
E
Ecuador
(7 June 2004, E/C.12/1/Add.100, Concluding observations on second report, paras. 11, 14, 32, 34 and 58)
“The Committee is concerned that, despite the legal framework in place and the growing influence of indigenous grassroots community groups, indigenous people continue to suffer discrimination, particularly with regard to employment, housing, health and education.
“The Committee is deeply concerned about the high percentage of people with disabilities in the State party. While noting with appreciation the recent legislation that promotes the rights of people with disabilities, including access to education, employment, transportation, and communication, the Committee regrets that the State party has allocated few resources to ensure access to these services in practice.
“The Committee is concerned that, despite the existence of schools and universities where indigenous languages are taught, major indigenous languages, particularly Quechua, are gradually disappearing.
“The Committee recommends that the State party take effective and practical steps to ensure effective protection of indigenous people against discrimination in many fields, especially with regard to employment, housing, health and education. It also requests that the State party include in the next periodic report information on the impact of programmes aimed to ensure economic, social and cultural rights to indigenous people and data regarding any progress made in this respect.
“The Committee urges the State party to take all possible measures to ensure that indigenous languages are better protected and that the teaching of these languages in schools is increased as an important part of the enjoyment of the right to culture of the indigenous people.”
El Salvador
(27 June 2007, E/C.12/SLV/CO/2, Concluding observations on second report, paras. 17, 28 and 45)
“... The Committee is also concerned at the inequality that exists between rural and urban areas, particularly with regard to medical services, education, wages and the quality of the basic food basket.
“The Committee requests the State party to ensure the equality of men and women in all spheres of life, in particular by taking effective measures to combat discrimination in the education of girls and young women....
“The Committee requests the State party to take effective measures to guarantee the right to education to all sectors of the population without discrimination, and to provide detailed information in this respect in its next periodic report, including disaggregated statistics on the school dropout rate.”
F
Finland
(16 January 2008, E/C.12/FIN/CO/5, Concluding observations on fifth report, paras. 19 and 28)
“The Committee notes with concern the high dropout rate of Roma children, and in particular of Roma girls, despite the efforts undertaken by the State party to improve access to education of Roma children. The Committee is deeply concerned that according to reports received, Roma children tend to be channeled towards special education more than other children due to the perception of teachers that such children are difficult or need special attention.
“The Committee recommends that the State party intensify its efforts to improve access to inclusive education for Roma children, inter alia by:
- taking immediate steps to eliminate negative prejudices and stereotypes regarding Roma and their contribution to society;
- facilitating the recruitment of Roma teachers so as to ensure, to the widest extent possible, adequate opportunities for Roma children to receive instruction in their native language;
- increasing the availability of schoolbooks in the Romani language; and
- organizing special training for teachers to increase their knowledge about the culture and traditions of Roma and to raise their sensitivity to the needs of Roma children.”
France
(... May 2008, E/C.12/FRA/CO/3, Concluding observations on third report, paras. 13, 28, 33, 48 and 50)
“The Committee notes with concern that women belonging to racial, ethnic and national minorities who live in ‘sensitive urban zones’ (zones urbaines sensibles, ZUS), in particular single mothers, experience multiple forms of discrimination and encounter difficulties in access to employment, social security and social services, housing, health and education.
“The Committee notes with concern that significant disparities in terms of school performance and drop out rates continue to exist between French pupils and pupils belonging to racial, ethnic or national minorities, in spite of the efforts made by the State party to address the social and economic inequalities existing in the field of education.
“The Committee recommends that the State party take all appropriate measures – including temporary special measures, where needed – to combat all forms of discrimination against women belonging to racial, ethnic and national minorities who live in ‘sensitive urban zones’ (zones urbaines sensibles, ZUS), in particular single mothers, so as to ensure their equal access to employment, social security and social services, housing, health and education.
“The Committee recommends that the State party adopt all appropriate measures to reduce the significant disparities in terms of school performance between French pupils and pupils belonging to racial, ethnic or national minorities in the field of education, inter alia by intensifying the provision of French language courses for those students who lack adequate French language proficiency and avoiding the over-representation of minority students in classes for children with learning difficulties. The Committee further recommends that the State party undertake further studies on the correlation between school failure and social environment, with a view to elaborating effective strategies aimed at reducing the disproportionate drop-out rates affecting minority pupils.
“The Committee reiterates the recommendation formulated in its previous concluding observations (E/C.12/1/Add.72, para. 26) that the State party increase its efforts to preserve and promote regional and minority languages and cultural heritage, inter alia by ensuring that sufficient financial and human resources be allocated to the teaching of regional and minority languages and cultures in public schools and to TV and radio broadcasting in these languages. The Committee also recommends that the State party consider reviewing its position concerning the lack of formal recognition of regional and minority languages in the Constitution of the State party.”
G
Greece
(7 June 2004, E/C.12/1/Add.97, Concluding observations on initial report, paras. 11, 12, 28 and 50)
“While acknowledging the State party's efforts to promote the social integration of Greek Roma, the Committee remains deeply concerned about the persistent discrimination against Roma people in the fields of housing, health and education. It is particularly concerned about reported instances of police violence against Roma, sweeping arrests, and arbitrary raids of Roma settlements by the police.
“The Committee notes with concern that economic, social and cultural rights normally also guaranteed to non-citizens, such as the right to non-discrimination or the right to free education, are reserved to Greek citizens under the State party's Constitution.
“The Committee is concerned that a high percentage of Roma and Turkish-speaking children are not enrolled in school, or drop out at a very early stage of their schooling. While it is possible to receive bilingual instruction in Turkish and Greek at the two Muslim minority secondary schools in Thrace, the Committee notes with concern that no such possibility exists at the primary level or outside Thrace, and that members of other linguistic groups have no possibility to learn their mother tongue at school.
“The Committee urges the State party to take effective measures to increase school attendance by Roma and Turkish-speaking children, including at the secondary level, to ensure, to the extent possible, that children belonging to minority linguistic groups have an opportunity to learn their mother tongue, including regional dialects, at school, and to ensure an adequate staffing with teachers specialized in multicultural education.”
H
Hungary
(16 January 2008, E/C.12/HUN/CO/3, Concluding observations on third report, paras. 27, 28, 35, 50 and 51)
“The Committee is deeply concerned about the high number of Roma children segregated in separate schools, such as special remedial schools for children with mental disabilities, or in separate substandard “catch-up” classes within schools, and that mainstream schools frequently put pressure on Roma parents to apply for private student status for their children. It is also concerned about the high dropout rate among Roma students at the secondary level and about their low enrolment in higher education.
“The Committee is concerned about the limited opportunities for minorities, including for the Roma, to receive instruction in, or of, their native language and of their culture.
“The Committee recommends that the State party further intensify its efforts to integrate persons with disabilities into the labour market and the education and professional training systems, to make all workplaces and educational and professional training institutions accessible for persons with disabilities, and to provide detailed information on the results of the National Disability Programme and action plans in its next periodic report.
“The Committee urges the State party to take effective measures to end inter- and intraschool segregation of Roma children and to ensure that segregated pupils are mainstreamed into the regular school system without delay; to enforce the prohibition of segregation under the Equal Treatment Act and of limitations under the Education Act on free school choice and on the proportion of severely disadvantaged children per school; to provide effective incentives for integrated education; and to ensure that every application for private student status is reviewed by an independent child protection expert. It recommends that the State party allocate sufficient funds to the free provision of textbooks, mentorship programmes and scholarships for disadvantaged students, in particular for the Roma, with a view to reducing dropout rates at the secondary level and increasing Roma enrolment in higher education. It also requests the State party to provide disaggregated data on enrolment, attendance and dropout rates of Roma at all levels of education, as well as on the extent and the forms of segregation, in its next periodic report.
“The Committee recommends that the State party ensure adequate opportunities for minorities, including for the Roma, to receive instruction in, or of, their native language and of their culture and, to that end, increase resources allocated to minority language education, as well as the number of teachers instructing minority languages, in cooperation with local governments and minority self-governments.”
I
India
(... May 2008, E/C.12/IND/CO/5, Concluding observations on second-fifth report, paras. 40, 52 and 80)
“The Committee is concerned that, despite the efforts made by the State party to achieve universal primary education, including the adoption of the Constitution (86th Amendment) Act in 2002 which makes the right to primary education a fundamental right, and the ‘Sarva Shikasha Abhiyan’ (Education for All) programme, aimed at achieving 100% primary enrolment, the wide disparity in enrolment and drop out rates in primary schools continue to persist, negatively affecting, in particular, girls, Muslim children and children belonging to scheduled castes and scheduled tribes.
“The Committee recommends that the State party strengthen enforcement of existing legal prohibitions of discrimination and, in addition consider enacting comprehensive administrative, civil and/or criminal anti-discrimination legislation guaranteeing the right to equal treatment and protection against discrimination, specifically prohibiting discrimination in employment, social security, housing, healthcare and education on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, as stipulated in article 2.2 of the Covenant....
“The Committee urges the State party to continue to make determined efforts to achieve universal primary education, compulsory and free of charge, by inter alia, taking further initiatives to eliminate child marriages, child labour especially of school-aged children, and targeting disadvantaged and marginalised groups in particular.”
Italy
(14 December 2004, E/C.12/1/Add.103, Concluding observations on fourth report, paras. 24 and 45)
“Reiterating its concluding observations of May 2000 (E/C.12/1/Add.43), the Committee remains concerned about the plight of Roma immigrants living in camps with poor housing, unhygienic sanitary conditions, limited employment prospects and inadequate educational facilities for their children.
“The Committee urges the State party to step up its efforts to build more permanent housing settlements for the Roma immigrants and take all the necessary measures to promote their integration into local communities, offer them job opportunities and make adequate educational facilities available to their children.”
K
Kenya
(1 December 2008, E/C.12/KEN/CO/1, Concluding observations on initial report, para. 34)
“The Committee notes with concern that children from poor families, pregnant girls, children living in remote rural areas and in informal settlements, nomadic children, children with disabilities, refugee children and internally displaced children have limited access to education. (art. 13)
The Committee recommends that the State party
a) increase the funds allocated to bursaries and textbook subsidies for children from poor families, as well as to school transportation and mid-day meals in remote rural and deprived urban areas;
b) facilitate the readmission of girls who dropped out of school due to pregnancy by supporting them in finding adequate arrangements for the care of their babies;
c) ensure adequate access for nomadic children to mobile schools, including in the North Eastern Province; and
d) cater for the special needs of children with disabilities and integrate refugee children and internally displaced children in the regular school system.”
Kosovo
(1 December 2008, E/C.12/UNK/CO/1, Concluding observations on document submitted by the UN Interim Administration Mission in Kosovo, paras. 13 and 31)
“The Committee notes with concern that 20 to 30 percent of the Roma, Ashkali and Egyptian communities are not registered as habitual residents or lack personal documents such as birth and marriage certificates, in the absence of civil status registration, both of which are necessary to access employment, social security, housing, health care and education. (art. 2, para. 2)
The Committee recommends that UNMIK, in cooperation with the Kosovo authorities, further intensify efforts to (a) facilitate the registration of members of Roma, Ashkali and Egyptian communities as habitual residents, by promoting a flexible approach to fee exemptions and residence documentation in all municipalities; (b) simplify civil status registration procedures, especially with regard to “subsequent/late” registration and home births; (c) educate Roma families on the importance of registration for the enjoyment of economic, social and cultural rights; and (d) promote the adoption of the Integration Strategy for the Kosovo Roma, Ashkali and Egyptian communities.
“The Committee notes with concern the low enrolment of girls, especially from non-Serbian minority communities, in secondary schools, the low school attendance and high dropout rate among Roma, Ashkali and Egyptian children, especially girls, and the very limited opportunities for children from non-Serbian minority communities, in particular Roma, Ashkali and Egyptian children, to receive instruction in or of their mother tongue and on their history and culture. (art. 13)
The Committee recommends that UNMIK identify funds and advise the relevant Kosovo authorities on the urgent need to (a) sensitize parents on the importance of education for their children, including for their daughters; (b) increase the number of catch-up classes and Albanian language classes for, in particular, Roma, Ashkali and Egyptian children; and (c) ensure that children from non-Serbian minority communities, in particular Roma, Ashkali and Egyptian children, have adequate opportunities at all levels of education to receive instruction in or of their mother tongue and on their history and culture, that sufficient teaching staff and textbooks are available for that purpose, and that the cultures and traditions of minority communities are adequately reflected in the revised curriculum.”
Kuwait
(7 June 2004, E/C.12/1/Add.98, paras. 5, 26 and 46)
“The Committee welcomes the State party's efforts in the field of education, and in particular the high enrolment rates of girls and women at all levels of education.
“The Committee is concerned that the State party does not provide free compulsory education to non-Kuwaiti children as a right enshrined in the Covenant.
“The Committee urges the State party to adopt the necessary measures to ensure that non-Kuwaiti children living in Kuwait have access to free compulsory education as a right enshrined in the Covenant. In this regard, the Committee recommends that the State party provide in its next periodic report disaggregated data.”
L
Latvia
(7 January 2008, E/C.12/LVA/CO/1, Concluding observations on initial report, paras. 16, 31, 37, 55 and 56)
“The Committee is concerned that, while noting the efforts of the State Employment Agency to encourage employment of persons with disabilities, persons with mental and physical disabilities continue to face serious obstacles in accessing the labour market, in part due to the absence of vocational training in schools.
“While welcoming the efforts made by the State party to increase educational opportunities for Roma children, including the National Programme on Roma in Latvia (2007-2009), which includes specific measures on education and integration, the Committee remains concerned that a high percentage of Roma children drop out, often at early stages of schooling.
“The Committee urges the State party to ensure that the lack of citizenship of permanent residents does not hinder their equal enjoyment of economic, social and cultural rights, including employment, social security, health services and education....
“The Committee urges the State party to allocate the required resources to improve the quality of education offered in schools at all levels, in line with the Committee’s general comment No. 13 (1999) on the right to education. The Committee recommends that the State party review the quality of education offered in State schools, and ensure access to education in all parts of the country. The Committee invites the State party to provide detailed and updated information and comparative statistical data on the quality of education in its next periodic report.
“The Committee urges the State party to continue to take effective measures to increase school attendance by Roma children, including, inter alia, through allocation of scholarships and the recruitment of additional school personnel from among the Roma community. The Committee requests the State party to provide, in its next periodic report, information on the results of the National Programme on Roma in Latvia (2007-2009), including measures taken in the field of education.”
Libyan Arab Jamahiriya
(25 January 2006, E/C.12/LYB/CO/2, Concluding observations on second report, paras. 6, 37 and 43)
“The Committee notes with satisfaction that the State party has the highest literacy and educational enrolment rates in North Africa, and welcomes the high rates of female students in schooling.
“The Committee recommends that the State party provide, in its next report, detailed statistical data on the implementation of the right to education for all, disaggregated by sex, nationality, national and ethnic origin, as well as urban/rural areas.
“The Committee recommends that the State party create favourable conditions to enable all groups, including minorities and ethnic groups, to express and develop their culture, language, traditions and customs. The State party should also take measures in the field of education and information, to encourage knowledge of the history, traditions, language and culture of the various groups, including the Amazigh community, existing within its territory.”
Liechtenstein
(9 June 2006, E/C.12/LIE/CO/1, Concluding observations on initial report, paras. 20 and 24)
“The Committee notes with concern that immigrant children tend to perform poorly in school in comparison to children of Liechtenstein origin, that they are likely to attend the lower?level secondary school and that they are under-represented in tertiary education.
“The Committee calls on the State party to continue and intensify its efforts to promote ethnic and religious tolerance, e.g. by including this subject in school curricula and through training of teachers and public awareness campaigns, and to adopt a comprehensive strategy for the integration of persons of a different ethnic origin or religion.”
Lithuania
(7 June 2004, E/C.12/1/Add.96, Concluding observations on initial report, para. 9)
“While noting the ongoing efforts to improve the living situation of the Roma community under ‘The Programme of Integration of the Roma into the Lithuanian society for 2000-2004’, the Committee remains concerned that the Roma community continues to suffer from problems of integration and discriminatory practices in the fields of housing, health, employment and education.”
M
Madagascar
(20 November 2009, E/C.12/MDG/CO/2 Advance Unedited Version, Concluding observations on second report, para. 31)
“The Committee is concerned that access to schools remains a problem for children living in rural and remote areas. It is also concerned about the high rate of repetition and dropouts, in particular for girls attending secondary schools.... Furthermore, the Committee is concerned about the situation of children with disabilities in the school system. (art. 13).
The Committee urges the State party to strengthen its various measures and programmes in order to:
a) address the problem of access to schools for children living in rural and remote areas;
b) take appropriate measures to ensure regular school attendance and reduce the dropout rate of children in particular in secondary schools; ...
d) develop programmes aimed at integrating children with disabilities in the formal school.
“The Committee also recommends that the State party increase its budget for education and seek international assistance to deal with the abovementioned issues, in particular those related to children with disabilities.”
Mexico
(9 June 2006, E/C.12/MEX/CO/4, Concluding observations on fourth report, paras. 26 and 45)
“The Committee expresses its concern about the lack of teachers in primary and secondary schools, especially in indigenous and remote areas, the low school attendance by indigenous children, their comparatively poor school performance, the high illiteracy rate among the indigenous population and the limited access to education for, in particular, indigenous and migrant children and agricultural workers under the age of completion of compulsory education. The Committee is also concerned about the reduction in the budget allocated to intercultural and bilingual education.
“The Committee urges the State party to increase the number of primary and secondary school teachers, especially in indigenous and remote areas, as well as the budget for education, in particular for intercultural and bilingual education, to strengthen and upgrade schooling programmes for indigenous and migrant children, child workers and children belonging to other disadvantaged and marginalized groups, in particular girls, and to report on the progress made in achieving universal access to compulsory primary and secondary education in its next report.”
Montenegro
(23 June 2005, E/C.12/1/Add.108, Concluding observations on initial report of Serbia and Montenegro, paras. 13, 14, 30, 37, 41 and 64)
“The Committee is deeply concerned that, despite the State party’s efforts to improve the economic and social situation of Roma through National Plans of Action for the implementation of the Decade of Roma Inclusion (2005-2015) in both Republics, widespread discrimination against Roma persists with regard to employment, social security, housing, health care and education.
“The Committee expresses its deep concern about the uncertain residence status of and the limited access by refugees, returnees from third countries and internally displaced persons, including internally displaced Roma, to personal identification documents, which are a requirement for numerous entitlements such as eligibility to work, to apply for unemployment and other social security benefits, or to register for school.
“The Committee is gravely concerned about the poor conditions in which thousands of Roma families live in sub-standard informal settlements without access to basic services such as electricity, running water, sewage facilities, medical care and schools.
“The Committee is deeply concerned that a high percentage of Roma children and children belonging to other minority groups, as well as refugee and internally displaced children, are not enrolled in school, drop out at an early stage, are being discriminated against at school, or are placed in schools for children with special needs.
“The Committee recommends that the State party ensure adequate participation of Roma representatives in the implementation of the plans of action adopted or envisaged by both Republics with regard to non-discrimination, gender equality, employment, social protection, housing, health and education of Roma, and to allocate sufficient funds to these and other relevant programmes.
“The Committee urges the State party to take effective measures to promote school attendance by Roma children and children belonging to other minority groups, as well as refugee and internally displaced children, by increasing subsidies, scholarships and the number of teachers instructing in minority languages. It also urges the State party to eradicate ethnically discriminatory attitudes by taking effective measures in the fields of teaching, education, culture and information, in order to promote understanding, tolerance and mutual respect among all ethnic groups living on its territory.”
Morocco
(4 September 2006, E/C.12/MAR/CO/3, Concluding observations on third report, paras. 30, 57 and 58)
“The Committee ... is also concerned at the disparities in school enrolment rates between girls and boys and between rural and urban areas. It is also concerned that primary and secondary education is given in Arabic whereas higher education in scientific subjects is available only in French, making it difficult for pupils from the public sector to enrol.
“The Committee recommends that the State party take the necessary steps to bolster the public schooling system and achieve equality in education between girls and boys and between rural and urban areas.... The Committee encourages the State party to take the necessary steps to ensure that higher education in scientific subjects is also available in Arabic.
“The Committee recommends that the State party set up literacy programmes in the Amazigh language. It also invites the State party to provide free schooling in Amazigh at all levels.”
N
Nepal
(16 January 2008, E/C.12/NPL/CO/2, Concluding observations on second report, paras. 11, 27 and 47)
“The Committee regrets that most of its 2001 recommendations in relation to the initial report have not been implemented, and that the State party has not addressed in an effective manner the following principal subjects of concern, which continue to be relevant: ...
- The problems faced by emancipated Kamaiyas, including lack of housing, land, work, and education for their children....
“The Committee ... notes the great disparity in enrolment in primary schools between girls and boys and between the Brahmin and other castes, ethnic or indigenous groups, the high repeat and dropout rate among pupils, and the generally low quality of education in public schools.
“The Committee calls upon the State party to introduce not only free but also compulsory education, in conformity with articles 13 and 14 of the Covenant, and to specify in its third periodic report by when it plans to achieve this, as well as concrete benchmarks through which progress can be measured. In this regard, the Committee refers the State party to its general comment No. 11 (1999) on plans of action for primary education, and general comment No. 13 (1999) on the right to education. It further urges that human rights be introduced at all levels of education, both as a subject and as a methodology of instruction, reflecting values of participation and social inclusion. The Committee stresses the value of education as a tool for national reconciliation, the eradication of harmful feudal practices, the promotion of respect for the dignity of all persons and groups, as well as the building of skills to enhance future employment prospects.”
Nicaragua
(28 November 2008, E/C.12/NIC/CO/4, Concluding observations on second/third/fourth report, para. 11)
“The Committee expresses its concern at ... the many problems affecting indigenous peoples, including serious shortcomings in the health and education services....
The Committee recommends that the State party should:
a) effectively guarantee indigenous people’s right to education and ensure that it is adapted to their specific needs; ....”
Netherlands Antilles
(31 January 2008, E/C.12/NLD/CO/3/Add.1, Concluding observations on third report, para. 20)
“The Committee is deeply concerned at the reportedly high incidence of early pregnancies in the Netherlands Antilles, which have adverse effects on the right of adolescent girls to education and health.... It regrets that the State party has not provided sufficient information on the measures taken to address these matters.”
Norway
(23 June 2005, E/C.12/1/Add.109, Concluding observations on fourth report, paras. 22 and 43)
“The Committee is concerned about the restrictions placed on the access to education of asylum-seekers, as asylum-seeking children only have access to free primary and lower secondary education and asylum-seekers over the age of 18 are not offered courses in Norwegian.
“The Committee encourages the State party to ensure that asylum-seekers are not restricted in their access to education while their claim for asylum is being processed.”
P
Paraguay
(4 January 2008, E/C.12/PRY/CO/3, Concluding observations on second/third report, para. 24)
“The Committee requests the State party to ensure the equality of men and women in all spheres of life, in particular by taking effective measures to combat discrimination in the education of girls and young women....”
Poland
(2 December 2009, E/C.12/POL/CO/5, Concluding observations on fifth report, paras. 14 and 32)
“The Committee remains concerned that the Roma communities in the State party continue to face widespread discrimination in areas such as ... education, ... which impair the enjoyment of their economic, social and cultural rights (art. 2.2).
The Committee reiterates its recommendation that the State party combat discrimination against Roma communities in areas such as ... education....
“The Committee is deeply concerned at reports about homophobia, particularly bullying in schools (art. 13).
The Committee recommends that the State party take measures, in particular awareness-raising, to counter homophobic attitudes in educational settings, ensuring that individuals are not discriminated against on the basis of their sexual orientation and identity....”
S
Serbia
(23 June 2005, E/C.12/1/Add.108, Concluding observations on initial report of Serbia and Montenegro, paras. 13, 14, 30, 37, 41 and 64)
“The Committee is deeply concerned that, despite the State party’s efforts to improve the economic and social situation of Roma through National Plans of Action for the implementation of the Decade of Roma Inclusion (2005-2015) in both Republics, widespread discrimination against Roma persists with regard to employment, social security, housing, health care and education.
“The Committee expresses its deep concern about the uncertain residence status of and the limited access by refugees, returnees from third countries and internally displaced persons, including internally displaced Roma, to personal identification documents, which are a requirement for numerous entitlements such as eligibility to work, to apply for unemployment and other social security benefits, or to register for school.
“The Committee is gravely concerned about the poor conditions in which thousands of Roma families live in sub-standard informal settlements without access to basic services such as electricity, running water, sewage facilities, medical care and schools.
“The Committee is deeply concerned that a high percentage of Roma children and children belonging to other minority groups, as well as refugee and internally displaced children, are not enrolled in school, drop out at an early stage, are being discriminated against at school, or are placed in schools for children with special needs.
“The Committee recommends that the State party ensure adequate participation of Roma representatives in the implementation of the plans of action adopted or envisaged by both Republics with regard to non-discrimination, gender equality, employment, social protection, housing, health and education of Roma, and to allocate sufficient funds to these and other relevant programmes.
“The Committee urges the State party to take effective measures to promote school attendance by Roma children and children belonging to other minority groups, as well as refugee and internally displaced children, by increasing subsidies, scholarships and the number of teachers instructing in minority languages. It also urges the State party to eradicate ethnically discriminatory attitudes by taking effective measures in the fields of teaching, education, culture and information, in order to promote understanding, tolerance and mutual respect among all ethnic groups living on its territory.”
Slovenia
(25 January 2006, E/C.12/SVN/CO/1, Concluding observations on initial report, paras. 11, 16, 24 and 32)
“The Committee is concerned about discrimination against the Roma, as well as about the distinction made in practice between indigenous and non-indigenous Roma. The Committee is also concerned that the latter do not enjoy protection of their cultural rights, such as the right to education in their mother tongue, unlike members of other minorities who enjoy this right under bilateral international agreements.
“The Committee is concerned that nationals of the former Yugoslavia have been ‘erased’ as their names were removed from the population registers in 1992. As a result of this, they have lost their Slovene nationality and their right to reside in the State party. The Committee observes that this situation entails violations of these persons’ economic and social rights, including the rights to work, social security, health care and education. Moreover, the Committee regrets the lack of information on the actual situation with regard to the enjoyment by those individuals of the rights set out in the Covenant.
“The Committee urges the State party to take measures to combat discrimination between indigenous and non-indigenous Roma and to guarantee access without distinction to Roma children in school. The State party is called upon to take measures to guarantee that education is provided also in the mother tongue of minorities.
“The Committee urges the State party to take the necessary legislative and other measures to remedy the situation of nationals of the States of former Yugoslavia who have been ‘erased’ as their names were removed from the population registers in 1992. While noting that bilateral agreements were concluded in this regard, the Committee strongly recommends that the State party should restore the status of permanent resident to all the individuals concerned, in accordance with the relevant decisions of the Constitutional Court. These measures should allow these individuals to reclaim their rights and regain access to health services, social security, education and employment. The Committee requests the State party to report to it, in its next periodic report, on progress in this regard.”
Spain
(7 June 2004, E/C.12/1/Add.99, Concluding observations on fourth report, paras. 7 and 9)
“While noting that undocumented immigrants residing in the State party enjoy a number of fundamental rights and freedoms, including the right to basic social services, health care and education, on the condition that they register with their local municipality, the Committee remains concerned about the precarious situation of the large number of those undocumented immigrants who only enjoy a limited protection of their economic, social and cultural rights.
“The Committee is concerned that, in spite of the existence of a range of programmes at the national and regional levels aimed at improving the situation of the Roma (Gitano) population, including the Second National Plan of Action for Social Inclusion 2003-2005 and the Roma Development Programme, the Roma remain in a vulnerable and marginalized situation in the State party, especially with regard to employment, housing, health and education.”
Sweden
(1 December 2008, E/C.12/SWE/CO/5, Concluding observations on fifth report, paras. 16, 25, 26 and 27)
“The Committee reiterates its concern about the persistent occurrence of discrimination on the basis of ethnicity, in particular against the Roma minority and ?persons of foreign origin’, regarding access to employment and working life, education, access to public places, and in the criminal justice system, in spite of the measures taken by the State party to enhance its legal and institutional mechanisms aimed at combating discrimination.(arts. 2.2, 6, 7, and 13)
The Committee encourages the State party to strengthen its efforts and to take additional steps to prevent discrimination on the basis of ethnicity in all aspects of daily life, and requests the State party to include in its next periodic report detailed information on the programmes and policies adopted to combat and prevent ethnic discrimination and to enhance tolerance and respect and on their results, in particular with regard to initiatives taken under the new Anti-Discrimination Act....
“The Committee is concerned about discrimination against Roma children with regard to their access to education as well as within the educational system, including by harassment and bullying. (arts. 13 and 2.2)
The Committee recommends that the State party continue to adopt appropriate and effective measures to increase school attendance by Roma children, including, inter alia, through recruitment of additional school personnel from among the Roma community. It urges the State party to take immediate steps to prevent harassment and bullying of Roma children in schools and invites the State party to provide information on the results of the survey carried out by the National Agency for Education regarding ethnic discrimination, as well as the recommendations of the working group on education of the Roma Delegation, in its next periodic report.
“The Committee reiterates its recommendation that the State party ensure that all children entitled to mother tongue education receive it in practice, including by providing an adequate availability and accessibility of such teaching (E/C.12/1/Add.70, para. 38).
“The Committee recommends the State party to take immediate steps to ensure the implementation of the laws which provide for access to education for ?hidden children’ (children of families of refugees or asylum-seekers whose request to stay in the State party has been rejected).”
T
Tajikistan
(24 November 2006, E/C.12/TJK/CO/1 Unedited version, Concluding observations on initial report, paras. 19, 42, 74 and 75)
“The Committee is concerned about persistent gender inequalities in the State party, particularly in the fields of employment, equal remuneration, education and equal participation in the political and public life of the State party.
“The Committee is seriously concerned about the sharp decline in attendance rates at primary and secondary schools, especially with regard to girls, children living in rural areas, children belonging to national minorities and children with disabilities.
“The Committee recommends that the State party take all necessary measures to allocate greater human and financial resources to implement effectively the equal right of everyone to education, as set out in article 13 of the Covenant. The Committee encourages the State party to seek technical assistance from, inter alia, UNICEF, UNESCO and WHO.
“The Committee recommends that the State party review existing policies and practice in relation to access to education for children with disabilities, taking due account of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of General Comment No. 5 on persons with disabilities. The Committee further encourages the State party to take all appropriate measures to eliminate the persisting discrimination on the grounds of gender in the field of access to education, taking due account of its General Comment No. 16 on the equal right of men and women to the enjoyment of all economic, social and cultural rights.”
The Former Yugoslav Republic of Macedonia
(24 November 2006, E/C.12/MKD/CO/1 Unedited version, Concluding observations on initial report, paras. 12, 21, 27, 28, 47 and 48)
“The Committee is concerned about reports that Roma face widespread discrimination in access to employment, social assistance, health care and education....
“The Committee is deeply concerned about the fact that hundreds of children in cities, primarily Roma, live on the streets and do not attend school or benefit from adequate health care.
“The Committee is deeply concerned about the high dropout rate in primary and secondary education, especially at the stage of transition from primary to secondary school, low school enrolment and attendance in rural areas and among Roma children, Roma and Ashkali refugee children, girls from certain Albanian communities, and children with disabilities, as well as about the high illiteracy rate in the State party.
“The Committee notes with concern reports on the refusal of parents to send their children to ethnically mixed schools, clashes between Macedonian and Albanian pupils over the introduction of additional classes in Albanian and the functioning of ethnically mixed schools, segregation of Roma and other minority or refugee children in separate schools, the lack or poor quality of classes in minority languages and the lack of textbooks, as well as inadequate training of teachers instructing minority languages.
“The Committee urges the State party to ensure free primary education for all children and gradually reduce the costs of secondary education, e.g. through subsidies for textbooks, school kits and aids, and increased scholarships, in particular for disadvantaged and marginalized children, in accordance with the Committee’s general comment no. 13 (1999); promote universal school attendance through intensified awareness raising campaigns for parents on the importance of education and their obligation to send their children, including girls, to school and catch-up classes and other special programmes to address the specific needs of less performing pupils; and conduct literacy campaigns for adults.
“The Committee recommends that the State party end the practice of segregating Roma and other minority and refugee children in separate schools, ensure, to the extent possible, adequate opportunities for minority children to receive instruction in or of their native languages by effectively monitoring the quality of minority language instruction, providing textbooks and increasing the number of teachers instructing in minority languages, and intensify its efforts to promote respect for cultural values of ethnic communities and the right of everyone to take part in cultural life in order to enhance understanding, tolerance and mutual respect among the different ethnic groups in the State party.”
U
Ukraine
(4 January 2008, E/C.12/UKR/CO/5, Concluding observations on fifth report, paras. 11, 31, 34 and 54)
“The Committee is concerned that, according to the State party, more than 1,000 Roma, although their status is pending, lack personal documents , which are necessary to access employment, health services and education.
“The Committee is concerned about reports on the high drop-out rate among Roma children in primary and secondary education, the frequent refusal to enrol Roma children in mainstream schools, and their segregation in special classes or placement in special schools for children with mental disabilities.
“The Committee recommends that the State party take immediate steps, e.g. by removing administrative processing fees and bureaucratic requirements, to provide all Roma with personal documents, with a view to enabling them to access employment, health care and education, as well as other economic, social and cultural rights.
“The Committee recommends that the State party adopt special measures, including subsidies for textbooks and other educational tools, in order to increase school attendance by Roma children at the pre-school, primary and secondary levels, combat discrimination against Roma pupils, promote their admission to mainstream schools and classes, raise awareness among Roma families on the importance of education, including for girls, and provide additional catch-up and Ukrainian and Russian language classes for Roma pupils.”
United Kingdom
(22 May 2009, E/C.12/GBR/CO/5 Advance unedited version, Concluding observations on fourth/fifth report, paras. 16, 36 and 44)
“The Committee continues to be concerned about the de facto discrimination experienced by some of the most disadvantaged and marginalized individuals and groups, such as ethnic minorities and persons with disabilities, in the enjoyment of their economic, social and cultural rights, especially in the fields of ... education, despite the measures adopted by the State party to enhance its legal and institutional mechanisms aimed at combating discrimination. The Committee is also concerned that the proposed Equality Bill does not provide protection from all forms of discrimination in all areas related to the Covenant rights and will not apply to Northern Ireland (art. 2).
The Committee recommends that the State party takes remedial steps to enforce existing legal prohibitions of discrimination and to enact, without delay, a comprehensive anti-discrimination law, guaranteeing protection against discrimination in the enjoyment of economic, social and cultural rights, as stipulated in article 2(2) of the Covenant. It also recommends that the State party consider making such comprehensive anti-discrimination legislation applicable to Northern Ireland.
“The Committee is concerned that significant disparities in terms of school performance and drop-out rates continue to exist between pupils belonging to ethnic, religious or national minorities, in particular Roma/Gypsies, Irish Travellers, and other students, in spite of the efforts undertaken by the State party to address the social and economic inequalities existing in the field of education (arts. 13 and 2.2)
The Committee recommends that the State party adopt all appropriate measures to reduce the achievement gap in terms of school performance between British pupils and pupils belonging to ethnic, religious or national minorities in the field of education, inter alia, by ensuring the adequate provision of English-language courses for those students who lack adequate language proficiency and avoiding the over-representation of minority students in classes for children with learning difficulties. The Committee further recommends that the State party undertake further studies on the correlation between school failure and social environment, with a view to elaborating effective strategies aimed at reducing the disproportionate drop-out rates affecting minority pupils.
“In line with General Comment No. 13 (1999) on the right to education, the Committee encourages the State party to review its policy on tuition fees for tertiary education with a view to implementing article 13 of the Covenant, which provides for the progressive introduction of free education at all levels. It also recommends that the State party eliminate the unequal treatment between EU member State nationals and nationals of other States regarding the reduction of university fees and the allocation of financial assistance.”
Uzbekistan
(24 January 2006, E/C.12/UZB/CO/1, Concluding observations on initial report, paras. 8 and 67)
“The Committee welcomes the information that public education in the State party is free and compulsory until the completion of secondary education and that it is conducted in seven languages.
“The Committee encourages the State party to strengthen its efforts to provide education in the seven languages referred to in its report, including through the provision of an adequate number of schools that use those languages, and the development of adequate learning materials and the qualification of teachers in such schools.”
Z
Zambia
(23 June 2005, E/C.12/1/Add.106, Concluding observations on initial report, paras. 9, 32 and 56)
“The Committee notes with appreciation the State’s policy of allowing pregnant girls to continue in mainstream education.
“While noting the activities undertaken by the State party such as the Programme for the Advancement of Girl-Child Education (PAGE) aimed at encouraging girls to stay in the school system, especially in the rural areas, the Committee remains concerned that traditional attitudes continue and that discrimination against girl children is prevalent in the State party.
“The Committee recommends that the State party strengthen its efforts and continue to undertake educational campaigns for all sectors of society, including traditional rulers, parents and guardians, on the value of educating girl children.”
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