Access to education for migrant children: a vital step for their enjoyment of cultural rights

Ciliberto, Giulia;Staiano, Fulvia

2021-01-01

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Abstract

In June 2016, the European Commission adopted an Action Plan on the Integration of Third-Country Nationals. The Plan identified several key priorities to ensure a successful integration of migrants and refugees in the EU across areas, including education. Despite some improvements, specific shortcomings persisted after the termination of the actions funded under the 2016 Action Plan. In November 2020, the European Commission adopted its latest Action Plan on Integration and Inclusion for 2021 – 2027, which places a strong emphasis on inclusive and multicultural education as a tool to achieve the integration of migrant children and children with a migrant background. At the same time, the European Commission appears to be aware that access to education remains a challenge for many migrant and refugee children, particularly those pertaining to certain age groups. Against this background, this contribution reflects on the capability of the multi-level legal framework applicable in the European legal space to secure a full and effective access to education for migrant children and children with a migrant background. After providing an overview of the most relevant aspects of the Action Plan on the matter, the contribution will consider the Neapolitan case as a telling illustration of the unsatisfactory rates of participation of these children to all levels of education. In the light of these discrepancies, it will then move on to consider whether and to what extent international and regional human rights law might offer some remedies. Lastly, it will assess the actual perspectives of the Action Plan to produce a durable impact on migrant children’s access to education at national and local level.