I. ARTICLES


 

          Article 5(e)(v), CERD


Article 5

 

In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:

...

(e) Economic, social and cultural rights, in particular:

...

(v) The right to education and training...


 

          Article 13.1 and 13.2(c), ICESCR


Article 13

 

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

 

2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

...

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education...






 

          Article 10, CEDAW


Article 10

 

States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:

 

(a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;

 

(b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

 

(c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

 

(d) The same opportunities to benefit from scholarships and other study grants;

 

(e) The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;

 

(f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;

 

(g) The same opportunities to participate actively in sports and physical education;

 

(h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.


 

          Article 2.2(f) and 2.2(g), CMW


Article 2


            For the purposes of the present Convention:

...

2....

(f) The term "project-tied worker" refers to a migrant worker admitted to a State of employment for a defined period to work solely on a specific project being carried out in that State by his or her employer;

 

(g) The term "specified-employment worker" refers to a migrant worker:

 

(i) Who has been sent by his or her employer for a restricted and defined period of time to a State of employment to undertake a specific assignment or duty; or

 

(ii) Who engages for a restricted and defined period of time in work that requires professional, commercial, technical or other highly specialized skill; or

 

(iii) Who, upon the request of his or her employer in the State of employment, engages for a restricted and defined period of time in work whose nature is transitory or brief; and who is required to depart from the State of employment either at the expiration of his or her authorized period of stay, or earlier if he or she no longer undertakes that specific assignment or duty or engages in that work;


 

          Article 30, CMW


Article 30

 

Each child of a migrant worker shall have the basic right of access to education on the basis of equality of treatment with nationals of the State concerned. Access to public pre-school educational institutions or schools shall not be refused or limited by reason of the irregular situation with respect to stay or employment of either parent or by reason of the irregularity of the child's stay in the State of employment.


 

          Article 36, CMW


Article 36

 

Migrant workers and members of their families who are documented or in a regular situation in the State of employment shall enjoy the rights set forth in the present part of the Convention [articles 36-56] in addition to those set forth in part III [articles 8-35].


 

          Article 43.1(a), 43.1(c) and 43.2, CMW


Article 43

 

1. Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to:

 

(a) Access to educational institutions and services subject to the admission requirements and other regulations of the institutions and services concerned;

                        ...

(c) Access to vocational training and retraining facilities and institutions;

                        ...

2. States Parties shall promote conditions to ensure effective equality of treatment to enable migrant workers to enjoy the rights mentioned in paragraph 1 of the present article whenever the terms of their stay, as authorized by the State of employment, meet the appropriate requirements.


 

          Article 45.1(a), 45.1(b) and 45.2, CMW


Article 45

 

1. Members of the families of migrant workers shall, in the State of employment, enjoy equality of treatment with nationals of that State in relation to:

 

(a) Access to educational institutions and services, subject to the admission requirements and other regulations of the institutions and services concerned;

 

(b) Access to vocational guidance and training institutions and services, provided that requirements for participation are met;

                        ...

2. States of employment shall pursue a policy, where appropriate in collaboration with the States of origin, aimed at facilitating the integration of children of migrant workers in the local school system, particularly in respect of teaching them the local language.


 

          Article 61.1, CMW


Article 61

 

1. Project-tied workers, as defined in article 2, paragraph 2(f), of the present Convention, and members of their families shall be entitled to the rights provided for in part IV [articles 36-56] except the provisions of article 43, paragraphs 1(b) and 1(c), article 43, paragraph 1(d), as it pertains to social housing schemes, article 45, paragraph 1(b), and articles 52 to 55.


 

          Article 62.1, CMW


Article 62

 

1. Specified-employment workers as defined in article 2, paragraph 2 (g), of the present Convention, shall be entitled to the rights provided for in part IV [articles 36-56], except the provisions of article 43, paragraphs 1(b) and 1(c), article 43, paragraph 1(d), as it pertains to social housing schemes, article 52, and article 54, paragraph 1(d).




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