CMW/C/GC/2
children in their educational systems. States parties must therefore avoid segregated
schooling and the application of different standards of treatment to children of migrant
workers as well as eliminate any forms of discrimination against children of migrant
workers in classrooms. States parties also need to ensure that effective programmes,
policies and mechanisms are in place to prevent discrimination against these children.
77.
To ensure access to education, the Committee is also of the view that States parties
shall not require schools to report or share data on the regular or irregular status of pupils or
their parents to immigration authorities or conduct immigration enforcement operations on
or near school premises, as this would limit access to education by children of migrant
workers. States parties should also clearly inform school administrators, teachers and
parents that they are not required to do so either and provide them with training on the
educational rights of children of migrant workers.
78.
While noting that the obligation of the State of employment to endeavour to
facilitate the teaching of the mother tongue and culture is explicitly accorded to the children
of migrant workers in a regular situation pursuant to article 45, paragraph 3, of the
Convention, the Committee emphasizes that the right to respect for one’s cultural identity
(art. 31) belongs to all migrant workers and members of their families, including children.
Considering these two provisions together, along with article 29, paragraph 1 (c), of the
Convention on the Rights of the Child, which applies to all children, the Committee is of
the view that States parties should also ensure access for children of migrant workers in an
irregular situation to mother-tongue instruction if already available to children of migrant
workers who are documented as having the same mother tongue.
79.
Legal identity is often a prerequisite for access to a number of fundamental rights.
Children of migrants in an irregular situation, particularly those born in a host State that
does not recognize their existence, are vulnerable throughout their lives. States parties are
obliged to ensure that children of migrant workers are registered soon after birth,
irrespective of the migration status of their parents, and provided with birth certificates and
other identity documents (art. 29). States parties shall not require migrant workers to
present a residence permit in order to register a child, as this would effectively deprive
migrant children in an irregular situation of their right to birth registration, which can also
deny them access to education, health services, employment and other rights. Noncompliance by migrant workers with the obligation to register their children following birth
should never justify their exclusion from education.
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