A Human Rights-Based Approach to Migration: the Case of Migrant Children’s Right to Education

Abstract

This article explores the realization of the right to education for migrant children through the lens of a human rights-based approach (HRBA) to migration. Despite the recognition of education as a fundamental human right in numerous international instruments, migrant children frequently face legal, socio-economic, linguistic, and institutional barriers that impede their access to equitable and quality education. This study analyzes global, regional, and national legal frameworks—including the Convention on the Rights of the Child, the Global Compact for Migration, and relevant EU and U.S. regulations—while providing case studies from Uzbekistan and other contexts. Drawing on legal doctrine, policy analysis, and field practices, the paper identifies systemic challenges and formulates practical recommendations for states, international organizations, and civil society actors to enhance inclusive education for migrant children. The paper advocates for integrating HRBA principles—participation, accountability, non-discrimination, empowerment, and legality—into national education and migration policies to ensure that no child is left behind.

This research report has been made possible with the financial support of the European Commission's Horizon MSCA Staff Exchanges project, MOCCA (Project 101085855) and MARS (Project number 101130177)