Judilyn Research for Passing

8/20/2019 Judilyn Research for Passing

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Child Refugee’s Academic Rights Attainment:

Revisiting United Kingdom’s Education Policy

on International Refugees

by:

Judilyn S. Melencio

Bachelor of Arts in International Studies

Far Eastern University

Nicanor Reyest St Sa!"aloc Manila


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INTR!UCTIN

In the last decades hu!an !obility has si#nificantly #ro$n and states have beco!e

!ore diverse % a diversity that reflects not !erely cultural and social differences but also

dis"arity in statuses and access to ri#hts &'astles and(avidson )***+. ,lobalisationhu!an !obility and forced !i#ration have altered the traditional nation%state and disru"ted

!odern hu!an ri#hts re#i!es of ri#hts &Soysal -/+. As a result social ri#hts are

e0"andin# and are beco!in# !ore associated $ith hu!an ri#hts $hich are accessed

throu#h a su"ra%national entity. 1o$ever not everybody is en2oyin# these ne$

o""ortunities offered by social ri#hts. Es"ecially $ithin the Euro"ean Union access to the

su"ra%national s"here and to the lo#ic of "ersonhood is based on the "recondition of

national !e!bershi".

In the conte0t of these tensions bet$een the different lo#ic of ri#hts and

!e!bershi" refu#ee "rotection has an even !ore controversial role. 3he creation of an

international syste! of refu#ees4 ri#hts follo$in# an increase in their !ove!ents stands

in a dichoto!ous relation $ith nation states4 conce"tion of ri#hts. 3he tensions bet$een

these t$o su"erficially anta#onistic "rinci"les has increased "ro#ressively since the end of

5orld 5ar II $hen refu#ees4 ri#hts and hu!an ri#hts e!er#ed to "rotect hu!an interests

a#ainst the abuses of states4 "olitical "o$er &Benhabib )**/+. 'urrently the ri#id

re6uire!ents of i!!i#ration "olicies sy!bols of the resilience of national soverei#nty

and the co!"le0 reci"rocal relationshi" bet$een states and citi7ens have led to

increasin#ly severe controls of the entry and residence of non%citi7ens and refu#ees have

beco!e the threat for nation%states. 3he "resence of refu#ees in conte!"orary societies

raises si#nificant challen#es as far as education is concerned es"ecially since !odern

education syste!s $ere "ro2ects of state for!ation and the e0"ansion of education follo$s

the e0"ansion of social ri#hts.


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"ET#!$%&

3he "ilot study ai!s to investi#ate the ri#ht to education for refu#ee children $ithin

national "olicy discourses and "ractices ado"tin# a co!"arative Euro"ean "ers"ective. 3hestudy $ill critically e0"lore the enact!ent of refu#ee children4s ri#ht to education

established by the -8 'onvention on the Ri#hts of the 'hild &'R'+ $ithin British and

Italian education "olicies. It $ill focus also on "olicy !a9ers4 conce"tualisation of refu#ee

children4s access to !ainstrea! education $ithin t$o different levels of the "olicy%!a9in#

"rocess: international and national. 3he "ilot study $ill relate international hu!an ri#hts

"olicy and national "olitical "rocesses to as"ects of the $ide literature addressin# the

6uestion of hu!an ri#hts and refu#ees: "olicy%!a9in# and "olicy enact!ent sociolo#y of hu!an ri#hts and the tensions bet$een trans%national and $elfare ri#hts.

3he research $ill dra$ on the ontolo#ical "ers"ective of "olicy enact!ent rather than

the !ore technical "olicy i!"le!entation ado"tin# Ball4s &-*+ conce"tualisation. olicy

is defined by Ball &-*+ as a cyclical free$heelin# and dialectical "rocess $hich !i#ht

be better understood as res"ondin# to a co!"le0 and hetero#eneous confi#uration of

ele!ents. Education "olicy%!a9in# ta9es "lace in a co!"le0 reality of influence "ressure

co!"ro!ises and o""osition that characterise every "olicy "rocess.

3he study also connects also $ith the sociolo#y of hu!an ri#hts as it considers

stren#ths and $ea9nesses of both national and transnational syste!s of entitle!ent and

"rotection as $ell as the social "rocesses by $hich #rou"s accrue ri#hts and the $ay in

$hich already established ri#hts could be eroded &Benhabib )**/; (ou7inas )*** )**


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Since the end of 5orld 5ar II hu!an ri#hts have beco!e increasin#ly

conte0tualised and bound u" $ith the 6uestion about their enact!ent. 3he "ro#ressive

inter"enetration of national and #lobal culture has transfor!ed the conce"tualisation of

hu!an ri#hts into a "o$erful discourse able to challen#e the !odern notion of national

soverei#nty. As a conse6uence the international hu!an ri#hts re#i!e has been established$ith rules and institutions to $hich states are su""osed to be co!!itted &(ou7inas )***+.

(es"ite bein# an international body in char#e of hu!an ri#hts "rotection $hen codifyin#

the International Bill of Ri#hts the UN had to balance the interests of nation states and

their resultin# "atterns of do!inance &1e#arty -+. 3hus states si#natories of hu!an

ri#hts treaties have "referred to tal9 the tal9 rather than $al9 the $al9 of hu!an ri#hts

&Risse - ". )


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education fro! a hu!anitarian intervention to a hu!an ri#ht. Article ) of this

'onvention states that every child $ithin a state4s 2urisdiction holds all 'R' ri#hts $ithout

re#ard to citi7enshi" i!!i#ration status or any other status. Refu#ee children are entitled

to all the ri#hts of the 'R'. Article )8 "laces a duty on state "arties to reco#ni7e the ri#ht

of all children to co!"ulsory education and every other sta#e of education &i.e. secondary

hi#her education+ should be achieved on the basis of e6uality of o""ortunity. State "arties

have to res"ect the e6uality "rinci"le and other as"ects of education &an Bueren -8+; to

ta9e "rotective !easures in order to "revent or co!bat discri!ination in education and to

underta9e an active "olicy in order to #uarantee substantive e6uality &erheyde )**=+.

In order to !onitor national #overn!ents4 hu!an ri#hts obli#ation in education

3o!asevs9i the for!er UN s"ecial ra""orteur on the ri#ht to education has develo"ed the

/As sche!e that re6uires education to be Available Accessible Acce"table and Ada"table&3o!asevs9i )**=+. 3he sche!e re"resents a set of 9ey indicators to !onitor

#overn!ents4 "erfor!ances as $ell as !onitorin# sche!e for data #atherin# analysis and

feedbac9 into #overn!ental and hu!an ri#hts council4s "olicy deliberation.

Availability refers to functionin# educational institutions and "ro#ra!!es.

Accessibility re6uires that educational institutions and "ro#ra!!es have to be accessible

to everyone $ithout discri!ination. Accessibility has three overla""in# di!ensions: non%

discri!ination %education !ust be accessible to all es"ecially the !ost vulnerable #rou"s%

"hysical accessibility % education has to be $ithin a safe "hysical reach% and econo!ical

accessibility G education has to be affordable to all and there should not be indirect costs

for the fa!ily. Ma9in# education available e!bodies the obli#ation to ta9e financial and

technical actions to ensure that an education syste! of #ood 6uality is established and

!aintained. Also Article )8 of the 'R' re6uires educational institutions and "ro#ra!!es

to be accessible to all $ithout any discri!ination on any of the "rohibited #rounds

established by the -=* UNES' 'onvention a#ainst (iscri!ination in Education.

Acce"tability i!"lies that the for! and substance of education includin# curricula and

teachin# !ethods have to be relevant and culturally a""ro"riate to students and in so!e

cases to "arents. Ada"tability re6uires education to be fle0ible to the needs of chan#in#

societies and of students &3o!asevs9i )**=+.

3his @si!"le4 /As sche!e translates international le#al obli#ations related to education

and inte#rates all hu!an ri#hts di!ensions. Accordin# to 3o!asevs9i &)**-+ this sche!e

delineates the !ini!al standards that should be sou#ht $orld$ide and the full realisation


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corrective action $henever it is necessary.

(es"ite the obli#ations i!"osed by the 'R' and the /As sche!e the ri#ht to education

of refu#ee children is often considered as fallin# outside the !ini!u! core content of the

ri#ht to education $hich re"resent the essence of ri#hts that should not be violated by

states &'oo!ans -C+. Further refu#ee education is "ersistently considered as a short%ter! e!er#ency "rovision. State "arties to the 'R' 2ustify the denial of lon#%ter!

co!"ulsory education for refu#ee children by #overn!ents4 financial constraints &(odds

-8=; 1atha$ay )**C+. In effect lon#%ter! education is often denied to discoura#e

refu#ee flo$s or to encoura#e their "re!ature re"atriation. ,overn!ents4 short%ter! and

ad hoc res"onses for the education of refu#ee children #ive a further e0a!"le of the

tension bet$een states4 $illin#ness to #uarantee co!"ulsory education e0clusively for

national citi7ens and their hu!an ri#hts obli#ations &(odds -8=+.

Althou#h education has tended to occu"y an inde"endent "osition $ithin the $elfare

state syste! the conflict bet$een hu!an ri#hts and national soverei#nty invests also the

delivery of social ri#hts. 3he follo$in# section atte!"ts to e0"lore the social versus trans%

national conflict as havin# a si#nificant i!"act on the reco#nition of ri#ht to education for

refu#ee children.

Refugees and ,elfare rights

I!!i#ration and asylu! re"resent an issue for $hich hu!an ri#hts conventions and

declarations are salient as these ri#hts transcend the boundaries of the nation state. Both

i!!i#ration and the syste! of national $elfare en#a#e $ith a rather co!"le0 set of

interests and influences. 'ontrol of borders is the essence of soverei#nty and states tend to

ti#ht u" the influ0 of !i#rants and refu#ees to "revent the co!"etition bet$een citi7ens

and @alien $or9ers4 $hile also "rotectin# natural resources &Morris )**=+. I!!i#ration

creates a conflict bet$een ri#hts and !ar9ets and a 9ey 6uestion is ho$ states can !ana#e

the econo!ic and hu!anitarian i!"eratives that under"in i!!i#ration and refu#ees4 ri#hts

&Morris )**=+. 1o$ever the liberal "osition that characterises !ost Euro"ean countries

"rovides !ar9et%based incentives reinforced by ri#ht%based "olitics des"ite the evident

tension in these t$o as"ects of liberalis!.

Advanced ca"italist $elfare states e!"loy an elaborate hierarchy of for!al statuses


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enforce!ent &'ohen )**+.

3he very "erce"tion of asylu!%see9ers and refu#ees in the U? and Italy has #reatly

chan#ed over the "ast t$o decades. In the U? refu#ees ca!e to si#nify not 2ust the

@ther4 but also an un$anted !ore dan#erous @alien4. In the Italian contest they have been

increasin#ly identified $ithin the cate#ory of @ille#al i!!i#rants4 &inson Arnot'anda""a )*-*+. Reco#nition of this dan#er can be found in the U? in the title of the

5hite a"er Secure Borders, Safe Heavens as it su##ests that there is the need to secure

first the @British4 identities before the #overn!ent could let asylu!%see9ers and refu#ees

in or in the Pacchetto Sicurea &Security ac9a#e+ in the Italian conte0t. 3hus they have

beco!e a le#iti!ate sca"e#oat for nor!ally taboo racial senti!ents. Further the i!a#e of

refu#ees as non%assi!ilable as a threat to social cohesion #ave le#iti!acy to "olicies of

control and e0clusion &inson Arnot 'anda""a )*-*+.

As a conse6uence the !ain concern of the 1o!e ffice in the U? and of the

Ministry of the Interior in Italy in the "ast decades has been to reduce the nu!bers of

asylu!%see9ers to decrease the nu!ber of a""licants #ranted refu#e and to increase the

nu!bers of s$ift and successful re!ovals of @failed4 asylu! see9ers.

3his had a si#nificant i!"act on the access to social and educational ri#hts for refu#ee

children $ho find the!selves increasin#ly !ar#inali7ed by the host society.

3hese "rocesses of ti#htenin# u" the influ0 of refu#ees and of reducin# their ri#hts

have an i!"ortant se!iotic di!ension: the net$or9s of social "ractices $hich they entail

are also orders of discourse $hich the!selves cut across structural and scalar boundaries

&Fairclou#h )*-*+. For instance the "o"ulist discourse on i!!i#ration is often do!inant

in national education "olitics and !ore #enerally in the conte0t of the Euro"ean Union.

Moreover the se!iotic di!ension is funda!ental to hu!an ri#ht "rotection versus

i!!i#ration restrictions as both these "rocesses are se!antically driven. 3hey be#in as

discourses $hich constitute @i!a#inaries4 "articularly e!"hasi7ed by the !edia for ne$

relations of structure and scale in education #overn!ent and econo!ies. 3hese !ay be

he#e!onic or do!inant and !ay be $idely re%conte0tuali7ed and @o"erationali7ed4 in

ne$ structures "ractices relations and institutions &Fairclou#h )*-*+. 3he se!iotic

di!ension dee"ly e!bedded $ithin and constitutive of the ne$ structural and scalar

relations is itself "art of the obstacles to addressin# the social $ron#.


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3he cha"ter has "resented the critical discourse analysis of international hu!an

ri#hts docu!ents and national education "olicies $hich constitute the first analytical sta#e

of this "ilot study. 3he overall ai! of the cha"ter $as to e0"lore the discourses around the

ri#ht to education for refu#ee children $ithin a variety of international le#ally bindin#

docu!ents and educational strate#ies underta9en by the U? and Italian #overn!ents.

3he focal "oint of the study to the researcher is clearly havin# a broad analysis as to

$hy refu#ees in U? and Italy e0"erience so!e hindrance to$ards their ri#ht in sustainin#

#ood education. It hel"ed !e to understand further as an International Studies !a2or the

ri#hts of each and every individual re#ardless of the standin# in the society. 5hether they

are or not a citi7en of that country so lon# as they are entitled to such by all !eans it

should be #iven to the!. As !y reno$ned "rofessor in International Relations rofessor Royce Randall Di! $e the students of International Studies should develo" a stron#

foundation in fosterin# our !inds throu#h analysis and continuous learnin#. 3hat $hat

!ade !ore ins"ired to co!e u" $ith a co!"etitive research li9e this.

3he @"oint of entry4 of '(A is the e0clusion of refu#ee children fro! !ainstrea!

co!"ulsory education $hich is identified as the social wrong in the conte0t of t$o

Euro"ean countries that have si#ned and ratified the -8 'onvention on the Ri#hts of the

'hild. 3his social wrong "arallels the increasin# restrictions on i!!i#ration and asylu!

set by i!!i#ration le#islation in the t$o countries and the "erce"tion of refu#ees as

@aliens4. 3hese "rocesses of restriction have a "o$erful se!iotic di!ension that is

re"roduced in the !edia discourse and in education.

As the analysis has sho$n hu!an ri#hts docu!ents set s"ecific ri#hts for refu#ee

children and #uidelines for the enact!ent of those ri#hts $hich are not fully follo$ed by

the national #overn!ents. (es"ite so!e #overn!ent4s strate#ies to #uarantee 6uality

education to refu#ee children as !iming High" guidance on the education of asylum

see#ing and refugee children sho$s there is still a #a" bet$een "ro!ise and "erfor!ance

in the enforce!ent of the ri#ht to education. f "articular relevance is the docu!ent

"ublished by the Italian Ministry of Education &MIUR+ $here no s"ecific reference is

!ade to @refu#ee children4 or to s"ecific educational "rovisions for the!. It see!s that

they have been considered $ithin the cate#ory of non%Italian children $hich includes all

children that have not the Italian citi7enshi" and therefore also 'hildren co!in# fro!


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'astles S. and (avidson A. &)***+ Citienship and +igration" globalisation and the

politics of belonging . Dondon: Mac!illian ress.

'atarci M. &)**/+ 'esource( 0l contributo dei rifugiati all2%uropa( )a ricerca in 0talia.

Ro!a: 'onsor7io Italiano di SolidarietL.

'har!a7 ?. &)**=+ Constructing .rounded $heory" a practical guide through 3ualitative

analysis. Dondon: Sa#e.

'odd A. J. &-88+ K3he construction and deconstruction of educational "olicy docu!entsK.

-ournal of %ducation Policy, &+ , )C%)C


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