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.
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