76. The Committee notes that migrant children may suffer from multiple forms of
discrimination due to race, ethnicity, gender, and disability, for example. The principle of
equality of treatment requires States parties to eliminate any discrimination against migrant
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 programs, 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 endeavor 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. Non-compliance
by migrant workers with the obligation to register their children following birth should
never justify their exclusion from education.
74