International Law Review

International Law Review

The Right to Education for Afghan Refugee Children in Iran in light of the International Asylum System

Document Type : academic

Authors
masih behnia 1
sanaz mahmoudian 2
1 Assistant Professor at Department of Law, Buinzahra Branch, Islamic Azad University
2 M.A. Student, Department of Law, Islamic Azad University, Karaj Branch,
10.22066/cilamag.2022.248979
Abstract
Education is a fundamental human right and is essential for the exercise of other rights. Afghan refugees are one of the largest refugee populations, and instability at home has driven many of them to Iran since the 1980s. Displaced and asylum-seeking children require special protection due to their vulnerability. Given that the focus of international instruments and reports in the field of the right to education is on the realization of free, compulsory and universal primary education, the question arises as to how the right to education of Afghan refugee children in Iran can be analyzed in the light of the international refugee law system? It seems that imposing additional costs of the education for Afghan refugees not only violates the national standard of conduct, but also violates the commitment to provide free and universal education for children in Iran.
Keywords
Education
Asylum
Afghan Children
Illegal Immigrants
International Law

  • -Books

    • Beiter, Klaus Dieter; The Protection of the Right to Education by International Law, The Hague, Martinus Nijhoff, 2005.
    • Tomasevski, Katarina; Human Rights Obligations in Education: the 4-A Scheme, Nijmegen: Wolf Legal Publishers, 2006.
    • UNESCO; Right to Education Handbook, UNESCO Education Sector, 2019.
    • UNICEF; UNESCO; A Human Rights-Based Approach to Education for All, New York: United Nations Children’s Fund/United Nations Educational, Scientific and Cultural Organization, 2007.

     

    -Articles

    • Abdulraheem-Mustapha, Mariam Adepeju, "4IR and Right to Education in Nigeria: Synergy between Legal Instruments and Stem Education", Turkish Journal of Computer and Mathematics Education, Vol.12, No.3, 2021.
    • Beiter, Klaus Dieter The Protection of the Right to Education by International Law. The Hague: Martinus Nijhoff. 2005.
    • Czerepaniak-Walczak, M., "Respect for the Right to Education in the COVID-19 Pandemic Time. Towards Reimagining Education and Reimagining Ways of Respecting the Right to Education. The New Educational Review, vol. 62(4), 2020.
    • European Commission, "Irregular Migration", Available at: https://ec.europa.eu, 2021, Accessed: 2021.
    • Goodwin-Gill, Guy S., "The International Law of Refugee Protection", In: The Oxford Handbook of Refugee and Forced Migration Studies, 2014, https://www.oxfordhandbooks.com.
    • Hemelsoet, Elias, "How to Make Sense of the Right to Education? Issues from the Case of Roma People", Ethics and Education, Vol. 7, No. 2, 2010.
    • International Organization for Migration (IOM), "Key Migration Terms", available at: https://www.iom.int/key-migration-terms, 2011, Accessed: 2021.
    • Jenner, Charlotte, "Education and the Future for Afghan refugees", Available Online at: https://www.unhcr.org, 2015, Accessed: 2021.
    • Laubenthal, Barbara, "The Negotiation of Irregular Migrants’ Right to Education in Germany: A Challenge to the Nation-State", Ethnic and Racial Studies, Vol. 34, No. 8, 2011.
    • Linguistic Integration of Adult Migrants (LIAM), "The Rights and Legal Status of Refugees: Some Basic Facts and Terms", Language Policy Programme, 2015.
    • Mehrdad, Ezzatullah, "As Deportations Soar, Afghan Returnees Struggle on Home Soil", thenewhumanitarian.org, 2021, Accessed: 2021.
    • Marope, P.T.M., Kaga, Y., "Investing against Evidence: The Global State of Early Childhood Care and Education" (PDF). Paris, UNESCO. 2015.
    • Naghsh Nejad, Maryam, "Children of Afghan Migrants in Iran", Institute for the Study of Labor (IZA), 12th IZA Annual Migration Meeting (AM2),
    • NRC, "Afghan Children’s Access to Education in Iran What Happened after the Supreme Leader’s Decree?", 2017, Available Online at: https://adsp.ngo, Accessed: 2021.
    • OHCHR, "About Migration and Human Rights", Available at: https://www.ohchr.org, 2020, Accessed: 2021.
    • Smith, Patriann, "Learning to Know, Be, Do, and Live Together Within the Cross-Cultural experiences of Immigrant Teacher Educators", Teaching and Teacher Education, Vol. 69, 2018.
    • UN, 2013, Available at http://www.un.org/es/rights/overview.
    • UNESCO, "Fulfilling the right to education for refugees and undocumented migrants", Available Online at: UNESCO.ORG, 2021, Accessed: 2021.
    • UNHCR, "Islamic Republic of Iran", UNHCR Global Appeal, 2004.
    • UNHCR, "The Government of Japan continues to support humanitarian assistance to Afghan refugees in the Islamic Republic of Iran", Available Online at: https://www.unhcr.org, 2019, Accessed: 2021.
    • UNHCR, FACT SHEET, IRAN, Available Online at: https://reporting.unhcr.org, July-September 2020, Accessed: 2021.
    • Willems, Kurt; Vernimmen, Jonas, "The Fundamental Human Right to Education for Refugees: Some Legal Remarks", European Educational Research Journal, Vol. 17, No. 2.

     

    - Thesis

    • González Fernández, Julia, International Legal Protection of the Right to Education for Refugees and Asylum-seekers; Developments and Challenges, Supervisor: Nele Verbrugghe, Ku Leuven- Katholieke Universiteit Leuven, European Master’s Degree in Human Rights and Democratization, A.Y. 2016/2017.

     

    - Instruments

    • African Charter on Human and Peoples' Rights, Adopted on June 01, 1981, entry into force: October 21, 1986.
    • Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Refugee Convention), Organisation of African Unity (OAU), 1969.
    • Convention on the Rights of the Child (CRC), Adopted and opened for signature, ratification, and accession by General Assembly resolution 44/25 of 20 November 1989, entry into force 2 September 1990, in accordance with article 49.
    • Convention relating to the Status of Refugees, Geneva, 28 July 1951, Entry into Force: 22 April 1954, in accordance with article 43.

     

    • Muñoz Villalobos, Venor, Report of the Special Rapporteur on the right to education, economic, social and cultural rights: The right to education. E/CN.4/2005/50 UN Economic and Social Council: 2004.
    • International Covenant on Economic, Social and Cultural Rights (ICESCR), Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 3 January 1976, in accordance with article 27.
    • Interview with CEO of “Association for protection of refugee women and children: HAMI”, Fatemeh Ashrafi, Conducted in December 2016.
    • Protocol No 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms, European Treaty Series - No. 9, 20.III.1952.
    • UNHCR, Global Forum on Migration and Development; Forced migration and development, Brussels, 9 - 11 July 2007.
    • Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly (Draft Committee), on December 10, 1948.

  • Receive Date 26 October 2021
  • Revise Date 08 January 2022
  • Accept Date 12 January 2022