zaterdag 23 november 2013

Quality education for all? Canadian government discriminates against Aboriginal children Georgia Lloyd-Smith


The right to education is well recognized in the international community. International legal documents such as the Convention on the Rights of the Child (CRC) and the Convention against Discrimination in Education (CDE) set out requirements that governments must meet to comply with international standards. The Canadian government, as a party to both of these conventions, has promised to provide high quality education. Importantly, according to Article 28(1) of the Convention on the Rights of the Child, the Canadian government must provide this education to all Canadians on an equal basis.


However, in practice, the quality of education provided to Aboriginal Canadians is much lower than that provided to the average Canadian. In the Canadian government, the education of Aboriginals falls under the jurisdiction of the federal government while provincial governments have the responsibility to educate non-Aboriginal individuals. As a result, Aboriginal students receive over $5000 less towards their education than non-Aboriginal students. Not surprisingly, consistently inadequate levels of funding for Aboriginal education has resulted in low quality education and dismal education outcomes. The UN Special Rapporteur on Indigenous People highlighted the high drop-out rates, low education attainment and low quality schooling available for Aboriginal students. On many reserves, less than half of the population has graduated from high school and the proportion of Aboriginals without a high-school diploma is more than 30% higher than that of non-Aboriginal Canadians.

The disparity between the quality of education offered to Aboriginal children and that offered to non-Aboriginal children has consistently been criticized both locally and internationally. Politically, the federal government has been under pressure to provide better education to Aboriginal students for over 30 years and yet little has been done. Is the Canadian government also under a legal obligation to improve the quality of education of Aboriginal Canadians? Are they breaching their international obligations by violating provisions of the CRC? I think the answer is yes. First, Article 2 of the CRC provides a right against non-discrimination that is supported by Article 28(1) of the CRC that creates a duty on States Parties to recognize the right to education on the basis of an equal opportunity. The Canadian government has discriminated against Aboriginal children by consistently under-funding their education systems when compared to non-Aboriginal children. In doing so, they have failed to provide the right to education on an equal basis across Canada. In addition, the Canadian government is also breaching the CDE which bans any distinction based on race that has the effect of impairing equality of treatment in education and in particular of limiting any group of persons to an education of inferior standard.

Based on international law, the Canadian government is discriminating against Aboriginal children by not providing them with equal access to education. If the Canadian government is not willing to improve Aboriginal education on-reserves, legal action may be the only way forward to ensure that Aboriginal children have a meaningful right to education. 

1 opmerking:

  1. This is an interesting and important point. You can take this further by considering the application on the case of Ponomorovi v Bulgaria (2011), see reading list, in which two Roma boys successfully complained that Article 2 of the First Protocol was violated because the costs of obtaining education were higher for them than for other children with Bulgarian nationality.
    But the facts of this Canadian situation also shows similarities with cases like D.H. (reading list), in which the European Court condemned the State for discrimination against Roma children, who were placed in separate schools.

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