Indicator history

There are several studies documenting the problems facing migrant children in education, particularly as regards language, the lack of any teaching as regards their own culture, language, religion etc and in general the monolithic ethnocentric character of education. Children of undocumented migrants face particular problems in enrolling at schools, as tight immigration control policies seeking to check the legality of the parents' stay result in discouraging the children from enrolling at schools.  In May 2010 the Equality Body received a complaint that schools refuse to enrol students whose parents have no residence permit in Cyprus. A similar complaint had been submitted also in 2004 by a former MP, which had prompted an investigation by the Equality Body at the time, resulting in a report recommending the withdrawal of the circular from the Ministry of Education requiring school authorities to demand the contact details of the parents in order to enrol foreign children at schools. The circular under review was based on a request from the immigration authorities that all schools should record the contact details of the parents of foreign children in order to investigate whether they are lawfully residing in Cyprus. Therefore although the circular did not expressly prohibit the enrolment of children of undocumented migrants, in practice it inevitably discouraged undocumented migrants from enrolling their children at school for fear of deportation, thus leading to social exclusion and restricting free access of these children to education, in violation of the principle that migrant children are entitled to equal treatment in education as Cypriot children irrespective of the legality of their parents’ stay. The Equality Body’s recommendation of 2005 to withdraw this circular was rejected by the Council of Ministers alleging that the control of irregular migration affects the protection of the sovereign rights of the Republic which are paramount. A year later (i.e. in 2006), the Equality Body raised the matter again, following deliberations in the Human Rights Parliamentary Committee and the publication of the Third ECRI Report on Cyprus, which criticised this circular and requested the authorities to ensure that all children have access to education, urging that the Equality Body’s recommendation as to the withdrawal of the circular be adopted. In 2007, the Attorney General advised that the Equality Body’s mandate as regards investigation, recommendations etc may be exercised in relation to Ministers but not in connection with the Council of Ministers, essentially rejecting the Equality Body’s involvement in this affair. Through NGO complaints about the continued practice of the school authorities to request the contact details of the parents of foreign children, the Equality Body decided to intervene again and launched a renewed investigation, asking the Ministry of Education to declare its position. The Permanent Secretary of the Ministry of Education confirmed the continued application of the circular but expressed her willingness to review the matter in light of the criticism received by ECRI. In its conclusions, the Equality Body Report (dated 06.09.2011) confirms the state’s obligation to guarantee the right to education to all students irrespective of nationality and of their residence status, which means that the authorities must take measures to create opportunities and the possibility for all children to enjoy their rights, adding that the measure of instructing the schools to enroll all children irrespective of residence status is rendered ineffective as a result of the application of the circular which reasonably discourages undocumented migrants from enrolling their children, leading to phenomena of the children’s social exclusion and their potential exploitation. The report adds that the control of irregular migration and generally immigration issues, which fall within the competency of the Ministry of Interior, should not be confused with educational policies which must be applied by the Ministry of Education, emphasizing that the situation must be reviewed in light of the criticisms from ECRI.