designed in order to correct the ongoing effects of discrimination. These measures must not, however, lead to the maintenance of separate standards for different groups and must not continue after their intended objectives have been achieved.263 Access to education for non-nationals, refugees, internally displaced persons, people living with disabilities, and other minorities States have an obligation to extend the right to education to all individuals and groups. However, certain groups suffer disproportionate harm from violations of economic, social and cultural rights, such as lower-income groups, women, indigenous and tribal peoples, occupied populations, asylum seekers, refugees and internally displaced persons, minorities, the elderly, children, landless peasants, persons with disabilities and the homeless.264 These groups are often excluded from the benefits of the right to education and/or not reached by educational services, institutions and programmes, including those aimed at benefiting disadvantaged groups. More specifically, inclusive education is aimed at ensuring the right to education is realised bearing in mind the specific learning needs265 and learning circumstances266 of each individual. The extension of the right to education to non-nationals, refugees and internally displaced persons Many States continue to assert that the right to education should not be extended to nonnationals, such as “stateless” persons, migrant workers and their families, refugees and trafficked persons. However, international treaties clearly establish that, at the very least, minimum levels of guarantees and protections relating to the right to education apply equally to nationals and non-nationals.267 Further, the CESCR has confirmed that the principle of individuals from disadvantaged groups: see CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 26. 263 Limburg Principles at para 39. See also CESCR General Comment No. 3: The nature of States parties obligations E/1991/23 14 December 1990 at para 32. 264 Maastricht Guidelines at para 20. 265 For example: the learning needs of those with mental or physical disabilities; adult learning, cultural minorities. 266 For example: children in refugee camps, children that work and youth in detention centres. 267 Paragraph 42 of the Limburg Principles provides that, as a general rule, the ICESCR applies equally to nationals and non-nationals. The exception contained in article 2(3) of the ICESCR (which allows developing countries to determine to what extent they would guarantee economic rights to nonnationals) is limited to “economic rights” and thus, does not apply in the context of the right to education. In addition, article 8(1)(c) of the Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live states that aliens lawfully residing in the territory of a State shall enjoy the right to education provided that they fulfil the requirements under the relevant regulations for participation and that undue strain is not placed on the resources of the State. 100

Select target paragraph3