non-discrimination in education extends to all persons of school age residing in the territory of a State party, including non-nationals, irrespective of their legal status.268 International human rights instruments require States to accord to stateless persons and refugees: (1) the same treatment as is accorded to nationals with respect to elementary education and (2) treatment as favourable as possible with respect to education other than elementary education.269 Further, article 22 of the CRC establishes that States have an obligation to adopt measures to ensure refugees enjoy the rights set forth in the Convention, including the right to education. In addition, migrant workers and their families shall, in the State of employment, enjoy equality of treatment with nationals in relation to access to educational institutions and services and vocational guidance and training institutions and services.270 States of employment are required to facilitate both the integration of children of migrant workers in the local school system, particularly in respect of teaching them the local language, and the teaching of the children of migrant workers their mother tongue and culture.271 States are, therefore, required to provide appropriate education to non-nationals, including internally displaced children, migrant children and child refugees. In providing such education, States must take into account any special needs those children have, including trauma counselling, language training and any skill training necessary for them to play a full and constructive role in society. Persons living with disabilities States are required to meet the needs of children with mental or physical disabilities in accordance with article 23 of the CRC. This means that programmes and facilities should be adapted to accommodate the needs of these children. Such programmes must be designed to ensure that the child achieves the fullest possible social integration and individual development including his or her cultural and spiritual development. In addition, States 268 CESCR General Comment No. 13: The right to education E/C.12/1999/10 8 December 1999 at para 34. In particular, children should not be deprived of education by virtue of the immigration status of their parents. 269 Article 22 of the Convention relating to the Status of Stateless Persons and article 22 of the Convention relating to the Status of Refugees. 270 Article 36 and article 45(1)(a) and (b) of the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The State’s obligation to respect religious and cultural practices within education will be discussed under term of reference (viii). 271 Article 45(2) and (3) of the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. 101