Refugees at school: Handbook for foreign minors in a higher education institution

We recall that last year, in order to emphasize that the refugee problem is broader than what we are experiencing and that we have been discussing in recent months, the Memorandum of Understanding between the Ministry of Education and the Agency of Nations Unite for Refugees has been signed. (UNHCR), a new protocol consolidating collaboration that was launched in 2016 to promote the themes of hospitality, inclusion and international solidarity in schools.

The right to protection and the right to education

Minors (as indicated in the project “Pagella in your pocket – Study channels for refugee minors”, to promote the regular entry into Italy with a study visa for unaccompanied minors current refugees) are recognized by the Italian Constitution, by international law (by the United Nations) Convention on the Rights of the Child) and of the EU and national legislation, a number of fundamental rights, including the right to protection and the right to education, within the framework of general principles including the principle of the best interests of the child and non-discrimination.

Vulnerable topics: Unaccompanied refugee minors

Unaccompanied refugee minors are among the most vulnerable, as minors who are forced by wars and persecution to leave their country of origin and cannot return, and find themselves legally responsible for the assistance and representation of their parents or other adults. to deprive them. Such minors are severely punished for the opportunity to attend primary, secondary and vocational education: at this particular moment, even more than ever before, schools must stand up for the protection and promotion of the rights of unaccompanied foreign minors and newcomers Deploy adults. as complementary entry routes seem to be a necessary protective instrument, which aims on the one hand to expand the asylum and shelters and on the other hand, in view of international solidarity, to help countries of first asylum.

Awareness-raising activities for female students on the subject of inclusion and international solidarity

The agreement, signed by the Minister of Education, Professor Patrizio Bianchi, and by the UNHCR Representative for Italy, the Holy See and San Marino, Chiara Cardoletti, provides for the implementation of awareness-raising activities for female students on the issues of “international” inclusion and solidarity, also in the context of intercultural dialogue and education for sustainable development, through the implementation of specific projects. “There are still too many inequalities between different geographical areas of the world, both in terms of individual rights and social well-being. We need to intervene, starting with the most fragile,” said Education Minister Professor Patrizio Bianchi. “The school has a crucial role to play: it must be the engine of development and social equality. Raising our young people in solidarity – the fundamental value of democracy – means teaching girls and boys what they can achieve less. This is a duty, also a necessity, because only in this way can we work together for a non-discriminatory society, to be more just and to build a new humane sustainable development. “

Wars and persecutions have forced more than 80 million people to flee around the world

“Wars and persecutions have forced more than 80 million people to flee the world. 85% of them live in poor countries. It is important to spread a global perspective, to know the humanitarian crises and the countries that help refugees the most. comments Chiara Cardoletti, UNHCR Representative for Italy, the Holy See and San Marino – With this collaboration, we want to offer teachers and students the tools to understand the reality of refugees, to embrace the model of an inclusive and supportive society vis-à-vis -for those who were forced to leave everything, including schools.The long-term goal of the activities carried out jointly is to foster knowledge of the realities that lead an individual to become a refugee and promote better integration and coexistence with local communities.

The legislation

  • The Constitution of the Italian Republic;
  • United Nations Convention on the Rights of the Child, adopted and ratified by the United Nations Assembly on November 20, 1989, and ratified by Italy by law May 27, 1991, n. 176;
  • the Convention on the Status of Refugees, adopted at Geneva on 28 July 1951 and ratified by Italy by the Law of 24 July 1954, n. 722;
  • The Law of April 7, 2017, n. 47, provisions on protective measures for unaccompanied foreign minors;
  • The Law of May 4, 1983, n. 184, right of the minor to a family;
  • Royal Decree of March 16, 1942, n. 262, Civil Code;
  • Legislative Decree of 25 July 1998, n. 286, Consolidated text of the provisions relating to immigration regulations and regulations on the condition of foreigners;
  • the DPR 31 August 1999, n. 394, regulation with rules for the implementation of the consolidated act of the provisions concerning the discipline of immigration and rules on the condition of foreigners;
  • the Legislative Decree of 15 April 2005, n. 76, definition of general rules on the right to education and training;
  • the Legislative Decree of 17 October 2005, n. 226, General Rules and Significant Performance Levels Related to the Second Cycle of the Education and Training System; – the law of 27 December 2006, n. 296, Provisions for the preparation of the annual and multi-year budget of the State;
  • the decree of the Ministry of Public Education 22 August 2007, n. 139, Regulation with rules on the fulfillment of the educational obligation, pursuant to Article 1, section 622, of Act no. 296;
  • General comments of the United Nations Committee on the Rights of the Child and Adolescents;
  • the Convention on the Privileges and Immunities of the United Nations, approved by the General Assembly of the United Nations on 13 February 1946, of which the Italian Republic is a party;
  • Statute of the UN High Commissioner for Refugees, Resolution no. 428 of the United Nations General Assembly of 14 December 1950;
  • The Agreement between the Government of the Italian Republic and the United Nations and the UN High Commissioner for Refugees, signed on 2 April 1952 and implemented by Law No. 1271 of 15 December 1954 (GU n. 19 of 25 January 1955 ); – Recommendations CM / Rec (2019) 4 adopted by the Committee of Ministers of the Council of Europe on 24 April 2019, “Supporting young refugees in the transition to adulthood”; – The three-year strategy (2019-2021) on resettlement and complementary pathways, UNHCR’s three-year strategy on resettlement and complementary channels; – The new Pact on Migration and Asylum of the European Commission of 23 September 2020, which recommends the need to further strengthen the protection of the rights and interests of minors and the need for new complementary avenues for regular and safe entry into protection of refugees and persons in need of international protection, such as studies and work programs;
  • Commission Recommendation of 23 September 2020 on Legislative Ways to Protect in the European Union: Promotion of Resettlement, Humanitarian Admissions and Other Complementary Channels;
  • Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Action Plan for Integration and Inclusion 2021-2027, of 24 November 2020, Member States encourage the number of migrant children and children from a migrant background participating in education and training programs, while such programs are equipped to support culturally and linguistically diverse children.

Providing reception and inclusion services for female students, immigrant students

The protocol adheres to the priorities identified by the Directorate-General for Student, Inclusion and Scholastic Guidance of the Ministry of Education, including the provision of reception and inclusion services for female students, immigrant students and families, and foster relationships with other bodies and organizations developing policies and actions for the benefit of the students.

The Vademecum “The reception of foreign pupils in school” in a high school

Attached is the Vademecum “Welcome Foreign Students in School” prepared by the Liceo Scientifico Statale Leonardo in Brescia, a true model of an excellent school, guided with mastery by the teacher Prof. Massimo Cosentino. Vademecum which, in the preamble, underlines that “Foreign minors, in any case, present on Italian territory have the right and duty to education; for them apply the principles of supervision over the fulfillment of compulsory education. Public schools are required to welcome them, and the right to education for foreign minors who are legally present in Italy (with parents with a residence permit) or illegal (with adults without a permit or who have arrived “unaccompanied”) is bindingly affirmed. of many conventions, documents and regulations. international, European and national “.

Leave a Comment