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Bernard Joyce, ITM, campaigns for recognition of underserved community (Ella 7)

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Bernard Joyce, ITM, campaigns for recognition of underserved community (Ella 7)

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https://stand.ie/travellers-access-education/

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Teachers Experience Educating Travellers (Ella 6)

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Teachers Experience Educating Travellers (Ella 6)

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Cudworth, D., 2008. There is a little bit more than just delivering the stuff': Policy, pedagogy and the education of Gypsy/Traveller children. Critical Social Policy, 28(3), pp.361-377 https://doi.org/10.1177/0261018308091275

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Traveller Segregation in North Cork (Ella 5)

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Traveller Segregation in North Cork (Ella 5)

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https://www.irishtimes.com/news/social-affairs/traveller-children-feel-unwanted-in-education-system-says-report-1.4685032

5https://www.irishexaminer.com/news/munster/arid-41235106.html

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Traveller Students Voice Their Experience Of Secondary School (Ella 4)

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Traveller Students Voice Their Experience Of Secondary School (Ella 4)

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https://www.irishtimes.com/news/social-affairs/traveller-children-feel-unwanted-in-education-system-says-report-1.4685032

5https://www.irishexaminer.com/news/munster/arid-41235106.html

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Absenteeism amongst Traveller students (Ella 3)

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Absenteeism amongst Traveller students (Ella 3)

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https://www.paveepoint.ie/school-absenteeism-case-highlights-education-as-a-human-right/#:~:text=Only%2013%25%20of%20Traveller%20children,supports%20were%20cut%20by%2086.6%25.

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Government statistics & report on travellers in education (Ella 2)

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Government statistics & report on travellers in education (Ella 2)

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2https://assets.gov.ie/25387/16a0ab0d656e406b938c7f6322daac47.pdf

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Literature supporting Traveller ‘othering’ in schools (Ella, 1)

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Literature supporting Traveller ‘othering’ in schools (Ella, 1)

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1McGinley, H., & Keane, E. (2022). Traveller students being and relating to an/‘other’: identity, belonging, and inter-ethnic peer relationships in a highly diverse post-primary school. Irish Educational Studies, 41(3), 551–572. https://doi.org/10.1080/03323315.2022.2090412 https://www.tandfonline.com/doi/full/10.1080/03323315.2021.1932548>

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Report and Recommendations for a Traveller Education Strategy 

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Report and Recommendations for a Traveller Education Strategy 

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Traveller Education Strategy

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Census 2016 Profile 8 - Irish Travellers, Ethnicity and Religion

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Profile 8 - Irish Travellers, Ethnicity and Religion is the eighth thematic report from Census 2016. The report is divided into the title themes, giving insights into the Irish Traveller population, ethnicity in the overall population and religion in Ireland in 2016.

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Irish Traveller - Infographic - CSO - Central Statistics Office

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Home / Statistics /Census of Population 2016 - Profile 8 Irish Travellers, Ethnicity and Religion / Irish Traveller - Infographic

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What we are working towards: "Equality of outcomes for Travellers in education, where Travellers are welcomed and valued; with high expectations for Travellers in an inclusive, intercultural environment."

The key issues sadly remains that Travellers are not benefitting from the Irish education system. Far too few Travellers are achieving to their ability, and those that do, are doing in schools which promote and celebrate Traveller identity in a whole school environment that celebrates diversity and inclusion.

In order to bring about systemic change, ITM has lobbied for changes in education policy, funding and delivery to embed equality in education. The key issues in relation to this are failure to implement existing policies and the current underfunding of Traveller education.

Policy Implementation
Traveller organisations, including the Irish Traveller Movement, committed extensive resources into ensuring that the genuine concerns of Traveller parents and learners was to the forefront in the development of a Traveller Education Strategy back in 2005/6; however, since its initial launch in 2006 we have been disappointed with regard to the lack of implementation of many of the proposed plans of action. The initial failure of the document can be garnered from its title: "Report and Recommendations for a Traveller Education Strategy " as Traveller groups were under the impression that the investment in time would lead to a clear document/strategy that would map out short, medium and long-term goals which would be led up by the Department of Education (with the participation of key stakeholders) who would report back to the then Advisory Committee on Traveller Education.

The Traveller Education Strategy however does not to date have an implementation plan with associated deliverables and deadlines; as a result progress on its implementation has been remarkably slow. The report is over 10 years old, there are a number of chapters where none of the recommendations have been implemented, and many of the recommendations that were implemented have since been dismantled (e.g. Visiting Teachers for Travellers).

In order to ensure that the process of implementation does not become so piecemeal as to render it ineffective it is essential that an implementation plan be developed in collaboration with Traveller organisations and key departments/agencies. The European Commission principles for Roma Inclusion stress the importance of including civil society and Travellers in any decisions which are made that will impact on their lives. This recommendation is in line with that of the European Commission which noted in its feedback that detailing a calendar, targets, indicators and budget will secure the implementation of the strategy (National Traveller and Roma Integration Strategy).

The ITM recommend that there is a coordinated approach to overseeing the development and implementation of a (S.M.AR.T.) strategy for Traveller education. That along with Traveller organisation that there is a specific structure put in place which has an independent chair and where all the key departments/agencies with responsibility for actions within the strategy are represented and that the recommendations coming from this structure would feed into the relevant Minister's including Education & Skills and Minister O'Riordain chairing the NTRIS. Suggested action relating to this would be to form a Traveller Education subgroup of the NTRIS which would include in addition to existing members of the Forum the other departments/agencies with responsibilities for Traveller Education (including department of Children and Youth Affairs, SOLAS, HEA) and that this structure in line with good practice and other structures including the NTACC would have an independent chair

Impact of the Cuts to Traveller Education
The ITM are concerned that the only real tangible outcomes to date from the RRTES has been to remove 86.6% of the Traveller Education budget ( €76.5m to €10.2m) and that this has been carried out under the explanation from the DES that is was in the interest of promoting a more "inclusion" education system for Travellers while failing to provide any resources that might promote inclusion within the Irish Education system for Travellers.

While the Irish Traveller Movement long campaigned for inclusion in education, with resources allocated based on educational need and not ethnic identity, we were highly critical of the instantaneous removal of supports for Traveller children in primary and post-primary education.

The removal of the Visiting Teacher Service for Travellers (VTST) in 2011 of a system whereby 40 positions created and maintained links between Traveller families and schools saved the €2.4m. The impact has been witnessed in a number of areas:

The VTST was the primary source for gathering information on Traveller access and participation in education. With the removal of this system, the Department no longer has any mechanism to ascertain what levels Travellers are participating within the education system, and more worryingly, what impact the severe cuts to Traveller supports are having on Travellers' educational experience.

The VTST was the primary link between schools and families. With its sudden removal, some families who had tenuous links with their schools were left with no direct link or information on how to access book loans and grant schemes. They also played a crucial role in supporting families without experience of post-primary education to ease the transition to a new school environment.

The VTST frequently supported parents to ensure that schools enrolled Traveller students, often through the means of a Section 29 appeal under the Education Act 1998. Without that support, the ITM is aware of Traveller children being refused access to the school of their choice without local supports to bring about a Section 29.

In the absence of the VTST, a targeted support aiming to improve access for Travellers in education, our members, Local Traveller organisations - already under pressure due to the high impact of austerity measures on Travellers' lives and working under reduced resources - are now trying to support families in relation to education. They are noting a decrease in Traveller participation in education, especially in relation to post-primary education. The advances made in Traveller participation in post-primary, albeit slow progress, risks being undermined in a very short term due to the unplanned measures that aim to reduce spending and that are "spun" as a measure to improve "inclusion" in Irish education for Travellers.

Positive Action
There is a need for positive action programmes to be developed by HEI's, which target and support students from the Travelling Community to become qualified in a range of professions and areas of work. The RCSI Traveller Access should be viewed as a model of good practice in this area. In particular there is a need for affirmative action to include Travellers in the delivery of education across all levels of education. Travellers should be encouraged and supported to pursue careers in education as teachers and teaching assistants at preschool, primary, post primary level and third level. Affirmative action measure should also be put in place to up skill and employ Travellers to be employed by Department of Education and Skills as Community Education Workers as well as in other posts within the education system.

Having members of the Traveller community involved in the education system would have a multitude of benefits including: providing positive role models for young Travellers, challenging prejudice and stereotypes in the education system, building trust between Traveller parents and the education system and finally providing much needed employment for Travellers. A range of academic articles have highlighted the importance and benefits of including role models from minorities in the education system. There a number of examples of good practice include the RCSI Traveller Access programme which has demonstrated how investment in affirmative action has proven it does result in Travellers take up and attainment of professions including the medical profession.

What we will do:

Support the development and expansion of the Yellow Flag Programme in order that it is mainstreamed for all primary and post primary schools

Develop and promote evidence-based research to feed into key statutory forums such as the NTRIS, Traveller Education Strategy Consultative Advisory Forum (TESCAF) and education policies of all political parties

Work to promote strong relationships between Traveller parents, young Travellers and school practitioners

Work with our members and a range of stakeholders to pilot a programme whereby Travellers are supported to become teachers in the education system

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Education - Key Issues - Irish Traveller Movement

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Education - Key Issues What we are working towards: "Equality of outcomes for Travellers in education, where Travellers are welcomed and valued; with high expectations for Travellers in an inclusive,... read more →

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Article on Primary School Students being segregated

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Article on Primary School Students being segregated

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Some schools are still segregating children into Traveller-only classrooms, a study examining barriers to education for Traveller children found.

The research, published yesterday, is based on the experience of Traveller children and their families living in the North Cork region.

The Travellers of North Cork report, undertaken by Patricia McGrath at Adult Continuing Education at University College Cork (UCC), found that discrimination can lead to parents masking their children's Traveller identity in some cases.

One parent told the study that her son was one of a group of Traveller boys of "different ages, segregated from their own classes and placed together separately from the mainstream class".

Another participant told the study:

"They've taken them out of the mainstream, and they put them into a classroom of their own," the person said, adding that this creates problems with transitioning to secondary school.

The report notes that the practice perpetuates the discrimination and stigma experienced by Travellers in school and in wider society as they are "othered" if they do not have the opportunity to mix with their settled peers.

One parent told the Travellers of North Cork study that her son was one of a group of Traveller boys of 'different ages, segregated from their own classes and placed together separately from the mainstream class'. Stock picture: PA

"This is a very surprising and shocking finding, as one would expect that segregation of Traveller children in schools was a thing of the past," the report stated.

"It is clearly an issue that needs to be addressed by schools and policymakers, along with reduced hours and inclusion."

Reacting to the findings, Senator Eileen Flynn called on Education Minister Norma Foley to act on this "blatant discrimination".

Speaking to the , she said the findings were "absolutely appalling."

"It's not one bit surprising, unfortunately, in some schools," Senator Flynn said. "And our education system is still back in the '60s where they segregated members of the Travelling community."

"It's not just an issue in this school, it is more widespread across the country."

She said: "This can't happen, especially in 2023 and this is only the tip of the iceberg.

"The school is singling out children, putting Travellers into one classroom - that didn't come from a good place." Senator Flynn added:

Participants in the study pointed out that, no matter how good some teachers are, others are "openly discriminating against and stereotyping Travellers as they are actively encouraging children to leave school once they reach the legal age of 16".

Historically, Irish Traveller children have encountered significant disadvantages within the Irish education system, according to Patricia McGrath.

"Despite the Government's commitment to reducing this disadvantage and improving progression rates to further and higher education, this research finds that barriers to education persist for Traveller children in primary and secondary schools," she said.

"It is essential to address these challenges throughout a child's life journey, ensuring schools have adequate resources to support Traveller children.

"With the necessary supports in place, Traveller children ought to transition successfully from primary to secondary schools, levelling the playing field to give them the opportunity to progress to further and higher education."

The report makes 20 recommendations on how to improve the educational experience and rates of progression for Traveller children, including that all schools should have Traveller cultural awareness training.

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Traveller children are still being segregated in school, North Cork report finds

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'Our education system is still back in the '60s where they segregated members of the Travelling community' - Senator Eileen Flynn

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See page 97 for solutions to help.

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The Yellow Flag Programme will help your school to value the diversity and learn more about inequality and racism and how to challenge it.

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ITM - Irish Traveller Movement - Yellow Flag Programme

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Irish Traveller Movement The Irish Traveller Movement (ITM) is a national network of organisations and individuals working within the Traveller community. The Yellow Flag was developed and pioneered… read more →

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NCCA Framework for educators to promote diversity, equality, and inclusion within the educational environment.​

Emphasizes the importance of understanding the context of intercultural education

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Early Childhood Care Scheme (ECCE) (supported by AIM initiative)  

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Early Childhood Care Scheme (ECCE) (supported by AIM initiative)  

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The Early Childhood Care and Education (ECCE) Scheme provides early childhood care and education for children of pre-school age.

Children can start ECCE when they are 2 years and 8 months of age and continue until they transfer to primary school (provided that they are not older than 5 years and 6 months at the end of the pre-school year) - see 'Is my child eligible for ECCE' below.

The State pays participating playschools and daycare services a set amount per child for the ECCE service. In return, participating centres and playschools provide a pre-school service free of charge to all children within the qualifying age range. The service is for a set number of hours over a set period of weeks see 'How the ECCE scheme is provided' below.

You may get financial support from the National Childcare Scheme (NCS) towards the cost of childcare for the hours spent outside of ECCE.

Your child cannot be enrolled in the ECCE Programme and Early Start Programme at the same time.
Eligible age range
The programme is available to children who have turned 2 years and 8 months of age before 1 September. Children can continue in the programme until they transfer to primary school if they are not older than 5 years and 6 months at the end of the pre-school year on 30 June.

The Department of Children, Equality, Disability, Integration and Youth (DCEDIY) has an eligibility calendar showing when your child can participate in the ECCE programme.
Exemptions from age limit
If your child has special needs they may get an exemption from the ECCE upper age limit. For more information and to apply for an exemption contact EYQueries@equality.gov.ie.

There are no exemptions to the lower age limit.

How the ECCE scheme is provided

The childcare provider must provide ECCE for 3 hours a day, 5 days a week for 38 weeks a year.
Sessional services
If your child attends a half-day or "sessional" service, such as a playschool, naíonra, Montessori or parent and toddler group, the normal pattern for the free ECCE scheme school year is 3 hours a day for 5 days a week over the school year. If your child attends for more than this, you will be charged for the extra time.

A small number of sessional services that cannot open for 5 days a week provide 3 hours and 30 minutes a day for 4 days a week over the school year. This only applies to services which have already been granted permission.
Daycare services
For full-time or part-time daycare services, the normal pattern for the free ECCE scheme is 3 hours per day for 5 days a week. If your child attends for longer than this each day, you will be charged for the extra time.
If your child does not attend
Your child may lose their ECCE place, if they have not attended ECCE for 4 consecutive weeks. In special circumstances, a child can keep their place if they are absent for more than 4 consecutive weeks. For example, in the case of a prolonged illness a place can be kept for up to 12 weeks. A place may be kept for up to 6 weeks in the case of a bereavement.

Content and quality of service

Childcare services taking part in the ECCE scheme must provide an appropriate pre-school educational programme which adheres to the principles of Síolta and Aistear, the national frameworks for early years care and education. Síolta co-ordinators and staff of the local City/County Childcare Committee (CCC) will support participating services with assistive visits and advice.

The website of the Department of Children, Equality, Disability, Integration and Youth has further information on the ECCE scheme.

Children with special needs

The Access and Inclusion Model (AIM) supports children with disabilities to access the ECCE programme. The model is based on the needs of the child and does not require a diagnosis of disability.

AIM has 7 levels of support, moving from universal to targeted support depending on the needs of the child and the pre-school provider. The model offers tailored, practical supports based on a child's needs.

All children can access Levels 1 - 3 of the model. These involve a suite of universal supports which are designed to promote and support an inclusive culture within pre-school settings by means of educational and capacity-building initiatives for providers and practitioners.

Where a pre-school service provider, along with the parent, considers that additional support may be necessary to meet a child's needs, they can apply for one or more additional targeted supports under levels 4 - 7 of the model.

Additional targeted supports may include:

Expert educational advice and mentoring - Level 4

Specialised equipment, appliances and minor alterations - Level 5

Therapeutic supports - Level 6

Additional capitation to fund extra assistance in the ECCE pre-school room - level 7.

When you have identified a pre-school for your child, your service provider, in consultation with you, will consider what supports may be needed to ensure your child's participation in pre-school.

Where it is considered that your child needs additional support, your pre-school service provider can apply, in partnership with you, for targeted supports under AIM.

The AIM website provides information for parents and Frequently Asked Questions on supports available. Your local City or County Childcare Committee will also be able to provide you with information and guidance on AIM.

There is no charge to parents for the playschool or daycare hours provided under the ECCE scheme. The Department pays the playschool or daycare service to provide these ECCE hours. However, if your child attends for extra hours, you will have to pay for these extra hours in the normal way.

A service may charge parents for extra activities. However, these must be optional and the service must provide other appropriate activities to children who don't take part in the optional activity being charged for.
Booking deposits
The service may ask you for a booking deposit, which cannot be more than 4 weeks of ECCE capitation payments. Any deposit you pay must be repaid to you by the end of October of the year your child starts.
Rates for service providers
For providers of daycare and sessional services, the Department pays a weekly fee for each child over the school year. Daycare and sessional playschools with more highly qualified staff may be able to qualify for a higher fee.

To get a place for your child, apply to a participating playschool or daycare centre. You can get a list of participating services from your local City or County Childcare Committee (CCC) - see 'Where to apply' below.

You will need to provide a copy of your child's birth certificate or passport and PPS number.
Supports for children with special needs
If your child needs additional support, your pre-school provider can apply, in partnership with you, for targeted supports under AIM. Applications are made through the Programmes Implementation Platform (PIP) on the Pobal website. Your pre-school service provider will be familiar with the Pobal website and with PIP.

The application process is open and will remain open throughout the year.

Applications can only be made with your full consent.

For advice and support from the Early Years Specialist Service (Access and Inclusion) contact (01) 511 7222 or e-mail: Onlinesupport@pobal.ie
AIM
Applications are made via the Programmes Implementation Platform (PIP) on the Pobal website. Your service provider will be familiar with the Pobal website and with PIP.

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Early Childhood Care and Education Scheme (ECCE)

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The ECCE scheme provides up to 2 years of early childhood care and education for children of pre-school age.

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This report critiques the implementation of the National Traveller and Roma Inclusion Strategy in Education

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This report critiques the implementation of the National Traveller and Roma Inclusion Strategy in Education

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This report is submitted as a coalition of five organisations which work towards achieving Traveller and Roma rights in Ireland.

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Website for the Access and Inclusion Model 

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Website for the Access and Inclusion Model 

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The Access and Inclusion Model Homepage - Access and Inclusion Model

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The goal of AIM is to create a more inclusive environment in pre-schools, so all children, regardless of ability, can benefit from quality early learning and care. The model achieves this by providing universal supports to pre-school settings, and targeted supports, which focus on the needs of the individual child, without requiring a diagnosis of disability.

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Traveller and Roma inclusion strategy consultation 2023

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Traveller and Roma inclusion strategy consultation 2023

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EU fundamental rights report declaring every child the right to Education

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EU fundamental rights report declaring every child the right to Education

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See article 14- Right to education

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European Union Agency for Fundamental Rights

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Article 14 - Right to education

1. Everyone has the right to education and to have access to vocational and continuing training.
2. This right includes the possibility to receive free compulsory education.
3. The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.

Explanations

1. This Article is based on the common constitutional traditions of Member States and on Article 2 of the Protocol to the ECHR, which reads as follows:

"No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions."

It was considered useful to extend this right to vocational and continuing training (see point 15 of the Community Charter of the Fundamental Social Rights of Workers and Article 10 of the Social Charter) and to add the principle of free compulsory education. As it is worded, the latter principle merely implies that as regards compulsory education, each child has the possibility of attending an establishment which offers free education. It does not require all establishments which provide education, in particular private ones, to be free of charge. Nor does it exclude certain specific forms of education having to be paid for, if the State takes measures to grant financial compensation. Insofar as the Charter applies to the Union, this means that in its training policies the Union must respect free compulsory education, but this does not, of course, create new powers. Regarding the right of parents, it must be interpreted in conjunction with the provisions of Article 24.

2. Freedom to found public or private educational establishments is guaranteed as one of the aspects of freedom to conduct a business but it is limited by respect for democratic principles and is exercised in accordance with the arrangements defined by national legislation.

Official Journal of the European Union C 303/17 - 14.12.2007

Case Law References

National Constitutional Law

Constitution of the Republic of Slovenia

See ECHR provisions of Article 2 of the First Protocol which have been incorporated into UK law by the Human Rights Act 1998. Schedule 1, Part II, The First Protocol Article 2 Right to education
No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.

Section 7 Duty of parents to secure education of children of compulsory school age.
The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable-
(a) to his age, ability and aptitude, and
(b) to any special educational needs he may have, either by regular attendance at school or otherwise.

Education and Skills Act 2008

Section 1 Persons to whom Part 1 applies
This Part applies to any person who is resident in England and who-
(a) has ceased to be of compulsory school age,
(b) has not reached the age of 18, and
(c) has not attained a level 3 qualification (see section 3).

Section 2 Duty to participate in education or training
(1) A person to whom this Part applies must-
(a) be participating in appropriate full-time education or training (see section 4),
(b) be participating in training in accordance with a contract of apprenticeship[F1or an apprenticeship agreement], or
(c) both-
(i) be in full-time occupation (see section 5), and
(ii) participate in sufficient relevant training or education in each relevant period (see sections 6 to 8).
(2)For the purposes of this Part, a person who is in full-time occupation is to be taken to be participating in sufficient relevant training or education at any particular time if-
(a) arrangements have been made (whether by means of enrolment on a course or courses, or otherwise) for the person to receive sufficient relevant training or education during the current relevant period, and
(b) where the arrangements call for the person to be participating in training or education at the time, the person is so participating.

Constitution of the Republic of Slovenia

Article 54 Parents have the right and duty to maintain, educate and raise their children. This right and duty may be revoked or restricted only for such reasons as are provided by law in order to protect the child's interests. Children born out of wedlock have the same rights as children born within it.

Article 57 Freedom of education shall be guaranteed. Primary education is compulsory and shall be financed from public funds. The state shall create the opportunities for citizens to obtain a proper education.

Article 58 State universities and state institutions of higher education shall be autonomous. The manner of their financing shall be regulated by law.

Ustava Republike Slovenije

54. člen Starši imajo pravico in dolžnost vzdrževati, izobraževati in vzgajati svoje otroke. Ta pravica in dolžnost se staršem lahko odvzame ali omeji samo iz razlogov, ki jih zaradi varovanja otrokovih koristi določa zakon. Otroci, rojeni zunaj zakonske zveze, imajo enake pravice kakor otroci, rojeni v njej.

57. člen Izobraževanje je svobodno. Osnovnošolsko izobraževanje je obvezno in se financira iz javnih sredstev. Država ustvarja možnosti, da si državljani lahko pridobijo ustrezno izobrazbo.

58. člen Državne univerze in državne visoke šole so avtonomne. Način njihovega financiranja ureja zakon.

EU Law

Council Recommendation of 22 May 2019 on High-Quality Early Childhood Education and Care Systems

HEREBY RECOMMENDS THAT MEMBER STATES:

In accordance with national and European legislation, available resources and national circumstances, and in close cooperation with all relevant stakeholders:

1. Improve access to high-quality early childhood education and care systems in line with the statements set out in the 'Quality framework for early childhood education and care' presented in the Annex to this Recommendation and with the 11th principle of the European Pillar of Social Rights.

2. Work towards ensuring that early childhood education and care services are accessible, affordable and inclusive. Consideration could be given to:

(a) supporting child development in a consistent way starting as early as possible by using early childhood education and care services;

(b) analysing the supply and demand from families in order to better adapt the offer of early childhood education and care services to their needs, respecting parental choice;

(c) analysing and addressing the barriers that families might encounter when accessing and using early childhood education and care services, such as costs, poverty-related barriers, geographical location, inflexible opening hours, barriers related to inadequate provisions for children with special needs, cultural and linguistic barriers, discrimination as well as a lack of information;

(d) establishing contact and cooperation with families and especially those in a vulnerable or disadvantaged situation, in order to inform them about the possibilities and benefits of early childhood education and care participation and, where relevant, about available support, and build trust in the services and encourage participation from an early age;

(e) ensuring that all families who want to make use of early childhood education and care services have access to affordable high-quality early childhood education and care, ideally by working at the appropriate governance level towards a right to an early childhood education and care place of high quality;

(f) providing inclusive early childhood education and care services for all children, including children with diverse backgrounds and special educational needs, including disabilities, avoiding segregation and incentivising their participation, regardless of the labour market status of their parents or carers;

(g) supporting all children to learn the language of education while also taking into account and respecting their first language;

(h) strengthening preventive actions, early identification of difficulties and adequate provisions for children with special needs and their families, involving all relevant actors, e.g. educational, social or health services as well as parents.

[...]

Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings

[...]

(35) Children who are suspects or accused persons in criminal proceedings should have the right to an individual assessment to identify their specific needs in terms of protection, education, training and social integration, to determine if and to what extent they would need special measures during the criminal proceedings, the extent of their criminal responsibility and the appropriateness of a particular penalty or educative measure.

[...]

Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast)

[...]

(35) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for human dignity and to promote the application of Articles 1, 4, 6, 7, 18, 21, 24 and 47 of the Charter and has to be implemented accordingly.

[...]

Council of the European Union Recommendation of 9 December 2013 on effective Roma integration measures in the Member States

'Access to education
1.3. Take effective measures to ensure equal treatment and full access for Roma boys and girls to quality and mainstream education and to ensure that all Roma pupils complete at least compulsory education (6). This goal could be attained by means of measures such as measures:
(a) eliminating any school segregation;
(b) putting an end to any inappropriate placement of Roma pupils in special needs schools;
(c) reducing early school leaving (7) throughout all levels of education, including at secondary level and vocational training;
(d) increasing the access to, and quality of, early childhood education and care, including targeted support, as necessary;
(e) considering the needs of individual pupils and addressing those accordingly, in close cooperation with their families;
(f) using inclusive and tailor-made teaching and learning methods, including learning support for struggling learners and measures to fight illiteracy, and promoting the availability and use of extracurricular activities;
(g) encouraging greater parental involvement and improving teacher training, where relevant;
(h) encouraging Roma participation in and completion of secondary and tertiary education;
(i) widening access to second-chance education and adult learning, and providing support for the transition between educational levels and support for the acquisition of skills that are adapted to the needs of the labour market.'

International Law

Committee on Economic, Social and Cultural Rights, General comment No. 13 (1999) on the right to education

'6. While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features:
(a) Availability - functioning educational institutions and programmes have to be available in sufficient quantity within the jurisdiction of the State party. What they require to function depends upon numerous factors, including the developmental context within which they operate; for example, all institutions and programmes are likely to require buildings or other protection from the elements, sanitation facilities for both sexes, safe drinking water, trained teachers receiving domestically competitive salaries, teaching materials, and so on; while some will also require facilities such as a library, computer facilities and information technology;
(b) Accessibility - educational institutions and programmes have to be accessible to everyone, without discrimination, within the jurisdiction of the State party. Accessibility has three overlapping dimensions:
(i) Non-discrimination - education must be accessible to all, especially the most vulnerable groups, in law and fact, without discrimination on any of the prohibited grounds (see paras. 31-37 on non-discrimination);
(ii) Physical accessibility - education has to be within safe physical reach, either by attendance at some reasonably convenient geographic location (e.g. a neighbourhood school) or via modern technology (e.g. access to a "distance learning" programme);
(iii) Economic accessibility - education has to be affordable to all. This dimension of accessibility is subject to the differential wording of article 13 (2) in relation to primary, secondary and higher education: whereas primary education shall be available "free to all", States parties are required to progressively introduce free secondary and higher education;
(c) Acceptability - the form and substance of education, including curricula and teaching methods, have to be acceptable (e.g. relevant, culturally appropriate and of good quality) to students and, in appropriate cases, parents; this is subject to the educational objectives required by article 13 (1) and such minimum educational standards as may be approved by the State (see art. 13 (3) and (4));
(d) Adaptability - education has to be flexible so it can adapt to the needs of changing societies and communities and respond to the needs of students within their diverse social and cultural settings. [...]'

Committee on Economic, Social and Cultural Rights, General comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities

'21. The increased role and impact of private actors in traditionally public sectors, such as the health or education sector, pose new challenges for States parties in complying with their obligations under the Covenant. Privatization is not per se prohibited by the Covenant, even in areas such as the provision of water or electricity, education or health care where the role of the public sector has traditionally been strong. Private providers should, however, be subject to strict regulations that impose on them so-called "public service obligations": in the provision of water or electricity, this may include requirements concerning universality of coverage and continuity of service, pricing policies, quality requirements, and user participation. Similarly, private health-care providers should be prohibited from denying access to affordable and adequate services, treatments or information. For instance, where health practitioners are allowed to invoke conscientious objection to refuse to provide certain sexual and reproductive health services, including abortion, they should refer the women or girls seeking such services to another practitioner within reasonable geographical reach who is willing to provide such services.'
'22. The Committee is particularly concerned that goods and services that are necessary for the enjoyment of basic economic, social and cultural rights may become less affordable as a result of such goods and services being provided by the private sector, or that quality may be sacrificed for the sake of increasing profits. The provision by private actors of goods and services essential for the enjoyment of Covenant rights should not lead the enjoyment of Covenant rights to be made conditional on the ability to pay, which would create new forms of socioeconomic segregation. The privatization of education illustrates such a risk, where private educational institutions lead to high-quality education being made a privilege affordable only to the wealthiest segments of society, or where such institutions are insufficiently regulated, providing a form of education that does not meet minimum educational standards while giving a convenient excuse for States parties not to discharge their own duties towards the fulfilment of the right to education. Nor should privatization result in excluding certain groups that historically have been marginalized, such as persons with disabilities. States thus retain at all times the obligation to regulate private actors to ensure that the services they provide are accessible to all, are adequate, are regularly assessed in order to meet the changing needs of the public and are adapted to those needs. Since privatization of the delivery of goods or services essential to the enjoyment of Covenant rights may result in a lack of accountability, measures should be adopted to ensure the right of individuals to participate in assessing the adequacy of the provision of such goods and services.'

Recommendation CM/Rec (2012)13 of the Committee of Ministers to member States
on ensuring quality education

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1. Everyone has the right to education and to have access to vocational and continuing training. 2. This right includes the possibility to receive free compulsory education. 3.

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National Traveller and Roma Inclusion Strategy

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National Traveller and Roma Inclusion Strategy

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See page 25-26 for a comprehensive overview of the inclusion strategy for Education of the travelling community.

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Frequently Asked Questions about the AIM and EPM

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Frequently Asked Questions about the AIM and EPM

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See page 8 of this document for an overview of the new initiative rolled out to improve access for Education