The aim of this article is to describe the human rights obligations a State bears in educational matters with concerns to the current influx of refugees. The right to education is a fundamental human right guaranteed by many international treaties. As a result, the impression may arise that everyone, not only legal citizens but also all those lacking legal documents, can easily refer to any of these texts in order to enforce access to education and every right attached to education. The legal truth is however more complex. This article will first examine the various international legal texts: do refugees fall within the scope of application? Second, we will take a closer legal look at some issues often raised in practice when dealing with the influx of refugees: (i) can higher school fees be asked from pupils without legal documents? (ii) do refugees have a right to be taught in their own native language until they learn to speak the national language? and (iii) can they be placed in special (separate) schools or classes until they can follow the regular curriculum? © 2017, © The Author(s) 2017.

Education access to education human rights Refugees discrimination

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