Among
many reasons to prioritize children’s right to education, one main reason is
that education is essential in order to meaningfully advocate for the rest of
their rights to be respected and protected as they grow into adulthood. In her
article, Geraldine Van Bueren says, “the right to education on the basis of
equal opportunity is so fundamental to the child's right to education that the
drafters of the Convention on the Rights of Children made all other aspects of
the right to education dependent upon it.” She goes on to say that despite
this, “the fact remains that equality in education is not universal, and
international law draws states' attention to specific groups of children who
are more likely to be the victims of educational discrimination.” In Canada,
children’s right to education fails most notably with regard to Indigenous
communities, particularly children living in rural communities. This occurs
despite the fact that there is specific treaty protection for the educational
rights of minority and indigenous children. UNESCO has adopted both a Convention
and Recommendation against Discrimination in Education, wherein Article 4
emphasizes the necessity of ensuring that educational standards and the conditions
relating to the quality of education provided in all public educational institutions
are of the same level.
Much mistrust
in the Canadian educational system stems from the way in which Indigenous
education was treated through the Canadian Residential School system,
essentially used as a mode of cultural genocide. Indigenous children were
removed from their homes and forced assimilate to western understanding of
formalized education, all the while enduring horrific abuse at the hands of
those entrusted to provide their education. As noted by Lorie Graham in the The Right to Education and the UN
Declaration on the Rights of Indigenous Peoples, education, rather than
being a force of empowerment, empathy, and strength, negatively impacted
generations of indigenous students. Unfortunately, these issues surrounding
education in Indigenous communities are not merely historical. Today, many communities
experience intergenerational trauma related to the residential school system,
as well as a concurrent lack of government initiative and support to deal with
these issues and ensure adequate educational resources in remote communities
around the country. These lack of resources have led to both inadequate
programming and appropriate infrastructure for children’s education in rural
communities. If a fundamental purpose of education is to teach children tools
so that they can meaningfully participate in and advocate for their rights,
this failing can be perceived as both contemporarily inexcusable historically
accurate with regards to the colonialism and disempowerment already
experienced. This oppression continues for Indigenous communities because
education transforms lives and that transformation is unacceptable in the quest
to keep these communities dependent. Education would mean a powerful force of
people able to call out the Canadian government for both past and present illegal
dealing. link to article by Lorie Graham
I am wondering what legal action should be taken. She you be looking for some kind of restorative remedy, such as special attention for the indigenous culture in schools, or should the policy be reversed? Can it be reversed? Is it only indigenous children who are required to go to residential schools? Or are they overly affected by a more general measure? In short, it looks like the beginning of a discrimination complaint, but more facts are needed to develop the argument further. See D.H. (on reading list).
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