Volume 7, Issue 2, November 2019
Articles

Education, the Dream that is Materializing

Visalaakshi Annamalai
Research and Communications Professional, Refugee Status Determination Team, UNHCR

Published 2021-03-08

How to Cite

Annamalai, V. (2021). Education, the Dream that is Materializing. Kathmandu School of Law Review, 7(2), 84–90. https://doi.org/10.46985/kslr.v7i2.1211

Abstract

The right to education is a fundamental aspect of human rights. It shapes life for a better tomorrow with a chance of an increase in better employment opportunities. It not only instills hope for a brighter future but also leads to the realization of other rights.1 Progress in human life is impossible without education, but despite this fact, refugees struggle to have access to education. Importance of the right to education increases when it comes to refugees because of its ability to uplift the standard of living. This paper will look at the right to education as a concept and the meaning attributed to the word education. It will shed light on the nature of the right; whether it is a socio-economic and cultural right or a political right. The paper will further examine international instruments which recognize the right to education in emergencies and comprehend how it has been applied to the case of refugees. It points out two positive examples where access to education has been provided by community-based organizations in collaboration with NGOs, governments, and other organizations. The paper acknowledges the barriers to higher education but is not ignorant of the fact that there is progress today as compared to forty years ago. The paper concludes that despite the conscious movement of the international community towards the right to education of the refugees, there is much that has to be done for the complete realization of this right.

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References

  1. United Nations Human Rights Council, Tomás Ojea Quintana, Progress Report of the Special Rapporteur on the situation of human rights in Myanmar, 10 March, 2010, A/HRC/13/48.
  2. Brown v. Board of Education of Topeka, 347 U.S. 483 (SC 1954).
  3. Klais Dieter Beiter, The Protection of the right to education by international law: including a systemic analysis of Article 13 of the International Covenant on Economic, Social, and Cultural Rights, Martinus Nijhoff Publishers, Leiden, 2006.
  4. Ibid.
  5. Ibid.
  6. Campbell and Cosans v. United Kingdom, 1982, ECtHR, App no7511/76; 7743/76.
  7. Margaret Sinclair, ‘Education in Emergencies’, Commonwealth Education Partnership, 2007 available at https://www.researchgate.net/profile/Margaret_Sinclair/publication/44827068_Education_in_ emergencies/links/55e7ef5108aeb6516262ed9e/Education-in-emergencies.pdf, accessed on 27 March 2019.
  8. Tony Waters & Kim LeBlanc, ‘Refugees and Education: Mass Public Schooling without a Nation State’,vol.49, no.2, Comparative Education Review, 2005 available at https://www.researchgate.net/profile/Tony_Waters/publication/44836857_Refugees_and_Education_Mass_Public_Schooling_without_a_ Nation-State/links/574c81cf08ae061b3300cc14/Refugees-and-Education-Mass-Public-Schoolingwithout a-Nation-State.pdf, accessed on 30 March 2019.
  9. Sinclair (n 7).
  10. Sarah Dryden-Peterson, ‘The Politics of Higher Education for Refugees in a Global Movement for Primary Education’, vol.27, no.2, Refuge, 2010 available at https://refuge.journals.yorku.ca/index.php/refuge/article/viewFile/34718/31548, accessed on 29 March 2019.
  11. UNHCR, Statistical Yearbooks, available at https://www.unhcr.org/figures-at-a-glance.html, accessed on 2 April 2019.
  12. Ibid.
  13. Ibid.
  14. Peterson (n 10).
  15. Sinclair (n 7).
  16. Waters & LeBlanc (n 8).
  17. Ibid.
  18. Ibid.
  19. B. S. Chimni, ‘Symposium on the Human Rights of Refugees: The Legal Condition of Refugees in India’, vol.7, no.4, Journal of Refugee Studies, 1994.
  20. Bibhu Prasad Routray, ‘Tibetan refugees in India: Religious identity and the forces of modernity’, vol.26, no. 2, Refugee Survey Quarterly, 2007.
  21. Duncan MacLaren, ‘Tertiary Education for Refugees: A Case Study from the Thai-Burma Border’, vol.27, no.2, Refuge, 2010 available at https://researchbank.acu.edu.au/cgi/viewcontent.cgi?referer=https://scholar.google.com/&httpsredir=1&article=2354&context=fea_pub, accessed on 2 April 2019.
  22. Ibid.
  23. Quintana (n 1).
  24. MacLaren (n 21).
  25. Emily Vargas-Baron and Maureen McClure, ‘The New Heroics of Generational Commitment: Education in Nations with Chronic Crises’, Education as a Humanitarian Response, 1998.
  26. Sarah Dryden-Peterson & Wenona Giles, ‘Introduction: Higher Education for Refugees’, vol. 27, no.2, Refuge, 2010 available at https://refuge.journals.yorku.ca/index.php/refuge/article/viewFile/34717/31547, accessed on 30 March 2019.