This article has been written by Ms. Manasvi Anand a first year student of Christ (Deemed to be University) Delhi NCR. 

ABSTRACT

Skills and education are interconnected variables that mould people and communities. Collectively, they foster social advancement, economic growth, and the general well-being of people and societies, all of which are essential to build a more diverse, creative, and connected world. In today’s globalized world, the value of education and skills recognition cannot be underlined. Recognition of education and skills acts as an interface between human potential and societal demands, promoting social cohesiveness and economic expansion. Similarly in order to promote inclusive communities and maximize the potential contributions of people who migrate across borders, education and skill recognition for migrants is equally essential.

Establishing strong systems that not only recognize the educational backgrounds and skills of migrants but also enable their smooth integration into the labour force and educational institutions of the host society is crucial, as globalization and migration patterns continue to reshape our world. An estimated 258 million individuals were expected to be residing outside of their nation of origin in 2017. Approximately 30 million of them were of school age. A variety of groups are considered migrants, including migrant labourers, refugees, and asylum seekers. In line with the human rights tenets of non-discrimination and equal treatment, international law provides immigrants the right to education, irrespective of their nationality. Migrants continue to confront a variety of practical and legal obstacles to fully exercise their right to education. A few examples of impediments include cultural illiteracy, language difficulties, insufficient acknowledgment by employers, the qualification process, legal status, and the procedure of obtaining credentials. These are not the only barriers, though. Due to these obstacles, immigrants have to deal with innumerable challenges. This article will delve into the international legal framework for recognising migrants’ skills and education, legal barriers to recognition and implications of non-recognition of migrants’ skills and education along with recommendations and suggestions to facilitate access to recognition processes.

KEYWORDS – Recognition, Skills, Education, Migrants, International, Legal, Barriers, Implications, Recommendations

INTRODUCTION

Approximately 258 million individuals were residing out of their country of origin in 2017 and if they would be unified to establish a nation, it would rank as the fifth most populated nation on the Earth. “They move for a variety of reasons including security concerns brought on by poverty, violence, human rights abuses, or environmental degradation, as stated by the UN Office of the High Commissioner for Human Rights (OHCHR). While some people find that migrating is a pleasant and uplifting experience, those in irregular situations face disproportionately high rates of marginalization and discrimination and also frequently lose out on basic rights like the right to education. 

In compliance with the principles of human rights of non-discrimination and equal treatment, each person, especially migrants, has an entitlement to education, despite their status as immigrants or legal standing. Within international human rights law, the right to education is also stressed for specific migratory populations, which includes refugees or people who have been internally displaced. Furthermore, States have made a political commitment to “ensure inclusive and quality education and promote lifelong learning opportunities for all,” including immigrants, with the adoption of the Education 2030 plan in 2015.

Following the adoption of the New York Declaration for Refugees and Migrants in 2016, state representatives committed to work towards the adoption of a Global Compact on Refugees. The 2016 declaration reaffirmed the human rights of all refugees and migrants, regardless of status, and pledged to fully protect such rights, including the right to education. Relevant parties have demanded that States’ obligations under these two Global Compacts be centered on the right to education. In the meantime, UNESCO is collaborating with experts to draft a Global Convention on Recognition of Higher Education Qualifications, which would minimize the obstacles faced by professionals, such as educators, researchers, students, and job seekers, who are looking for work outside of their home countries. 

It is crucial that states comply with their international obligations in this regard and make all possible efforts to ensure that everyone who is forcibly displaced, a migrant, or a refugee under their control is entitled to their basic right to education, given the present global conditions and the challenges encountered by migrants in having their abilities and education recognized.

THE INTERNATIONAL LEGAL STRUCTURE FOR SAFEGUARDING AND RECOGNISING MIGRANTS’ SKILLS AND EDUCATION

The treaties that impose binding obligations on states and other non-binding sources of “soft law,” such as frameworks for action, declarations and resolutions, UN treaty bodies’ and UN Special procedures’ interpretation of treaties (general comments and recommendations), or human rights guiding principles, are all part of the international legal framework that guarantees and protects education of migrants. 

In keeping with the human rights objectives of non-discrimination and equal treatment, this worldwide legal framework safeguards migrants’ ability to pursue education irrespective of their nationality or legal standing. “The universality principle, which asserts that every individual has fundamental rights, is closely linked to the equality and non-discrimination principles that are at the core of international human rights law.” “Everyone possesses all rights and freedoms laid down in this Declaration, without distinguished status of any kind,” the Universal Declaration of Human Rights (UDHR) declares, adding that “all mankind are born equal and free in their worth and liberties.” Article 26 of the UDHR recognizes the right to education.

The Convention on the Rights of the Child (UNCRC), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and the UNESCO Convention against Discrimination in Education (CADE) are among the main international human rights treaties that defend the entitlement to education of immigrants and also safeguard the ideals of equal treatment and non-discrimination. The principal regional human rights agreements, which take their relevant provisions straight from the international treaties on human rights described above, also ensure the right to education for migrants free from discrimination.

“The right of all children to education… should be fully protected,” the CESCR states in its General Comment 20 on Non-discrimination in Economic, Social, and Cultural Rights. and highlights: ‘any distinction in treatment must follow a legitimate objective which is consonant with the essence of the rights entrenched in the Covenant and must satisfy the objective of contributing to the overall well-being in a democratic society. Furthermore, a State’s chosen course of action—or lack thereof—in regard to the goal it aspires to accomplish must be rationally and clearly related to proportionality. The committee decided that, despite the fact that immigration and legal status are not specifically mentioned as forbidden grounds for discrimination, “Covenant entitlements [such as the right to education] relate to everybody, ranging from non-national such as asylum seekers, migrant workers, stateless persons, refugees, and targets of international trafficking, irrespective of legal standing and documentation.” “The enjoyment of the liberties outlined in the Convention shall be accessible for every child… regardless of their immigration status, or nationality,” stated the Committee on the Rights of the Child (CRC). “It goes on to say that “States parties have a duty to uphold and guarantee the liberties laid down in the Convention to all Children, whether they are considered, among other things, migrants in regular or irregular situations,” in accordance with the non-discrimination principle of the Convention on the Rights of the Child. “States parties should guarantee that immigrant children along with their families are incorporated into receiving societies by effectively implementing their human rights and providing them with equal access to services as native-born people.” States are required to ensure that their citizens and any foreign people to their territory are valued for their skills and education, free from discrimination based on sexual orientation, nationality, age, racial background, regular or irregular residence, or any other reason, according to a ruling by the Inter-American Court of Human Rights. It is important to note that the Inter-American Court of Human Rights also agreed that the non-discrimination principle “forms part of general international law” and “has entered the realm of jus cogens,” which means that all states are subject to the principle regardless of whether they have ratified a particular international treaty.

LEGAL BARRIERS IN EDUCATION AND SKILLS RECOGNITION FOR MIGRANTS

Legal restrictions on education and skill recognition may be quite difficult for migrants trying to start over in another country. We shall delve into the different legal facets that obstruct migrants’ smooth integration into the labour and educational systems of their host nations as we continue to examine the complexity surrounding these hurdles.

• Residency Criteria – The ability to pursue education is linked to resident status in a number of countries. Children from immigrant households may not be able to complete these standards, which might result in their exclusion from the official educational system. This creates a circle of drawback, as education plays a crucial role in fostering the successful insertion of migrants into their new surroundings.
• Proficiency in Language – The difficulties migrant students encounter are made worse by language hurdles. The need for fluency in the language of the host nation is prevalent in many educational institutions, making it challenging for non-native speakers to get admitted. Insufficient language assistance initiatives may impede immigrant kids’ academic advancement, hence sustaining gaps in educational achievement.
• Acknowledgement of Qualification – An essential component of the migrants’ integration into the educational system of the host nation is the acknowledgment of their educational credentials from their home countries. However, variations in standards, accrediting bodies, and curricula frequently result in the devaluing of degrees earned abroad. This is a serious obstacle for immigrants who want to pursue further education or career advancement.
• Acknowledgement of Credentials – The process of recognizing professional certificates is intricate and differs greatly between nations. Due to the absence of equivalency recognition, immigrants with significant work expertise and credentials may discover themselves ineligible to perform their chosen occupations in the host nation. Underemployment and the loss of important human capital follow from this.
• Workplace Licensing – Obtaining the licenses or certificates needed for some occupations might be difficult for immigrants. The absence of consistency in licensing standards between jurisdictions leads to a disjointed system that underutilizes the knowledge and abilities of migratory professionals.
• Insufficient Familiarity with Culture – Skilled immigrants find it challenging to advance in their professions in their new countries due to a lack of cultural literacy. This is because immigrants find it difficult to network, apply for jobs, create cover letters and resumes, and follow social standards both verbally and nonverbally. The cultures of skilled immigrants entering from other nations are drastically altered. The adjustment to a new culture and culture shock impede a person’s move through life. Acculturation, or the act of assimilating into a new culture, has been linked to success in immigrants’ employment and educational pursuits, according to three related studies.  
• Insufficient Recognition by Employers – Because some firms opt not to accept any credentials from immigrants, and because they are hesitant to assist immigrants in learning the prerequisites necessary to continue their professions in the host country, there is a lack of employer recognition that leads to underutilization of skills. Employers may decide to reject credentials from overseas applicants since they frequently are unaware of the guidelines governing their state’s licensing procedure. 35% of skilled immigrants and 40% of immigrants altogether said that their hiring managers did not accept foreign qualifications or job experience, according to a study of over 4,000 smart immigrants. Employers need to be able to assess foreign credentials with their own credentials and have recourse to international systems in order to correctly accept or reject credentials.
• Barriers involving Finances – Children’s education costs, which may include school enrolment fees and other secondary costs like school uniforms, supplies, and transportation are out of reach for some migrant parents who are not financially stable (especially forced migrants). This could potentially obstruct the right of children to an education. Parental migrants may not be eligible for fee exemptions in a number of nations if families fall below particular income thresholds. They cannot receive these exemptions because they do not have the necessary paperwork or because local students are given precedence. 
• Inequality & Prejudice – Statutes and regulations are not the only legal obstacles that prevent immigrants’ skills from being recognized; covert prejudices and discriminatory actions also contribute to this issue. Hiring choices can be influenced by cultural preconceptions and stereotypes, which can impede migrants’ complete integration into the professional landscape of their host nation and perpetuate inequalities in the workforce.

IMPLICATIONS OF NON-RECOGNITION OF MIGRANTS’ EDUCATION AND SKILLS

• Financial Losses – Underutilization of skills costs the federal and state governments money since more employment would be generated and additional revenue could be allocated to the economy if qualified immigrants were allowed to pursue their professions in their new countries. Studies and evaluations on immigration as well as integration policy in the United States are carried out by the nonprofit Migration Policy Institute (MPI), located in Washington, DC. The MPI became the very first organization to calculate the annual financial loss resulting from immigrants with college degrees underutilizing their skills. The amount of government funds lost each year as a result of 2 million skilled immigrants employed in low-skilled professions is known as “total income lost due to low-skilled employment.”
• Poor State of mind – Poor mental health is a consequence of underutilized skilled immigrants’ challenging job progression. Several studies and surveys have been conducted on this subject, emphasizing the difficulties competent migrants face in advancing their careers and the impact this has on their mental health, despite the absence of general figures concerning the mental well-being of immigrants. For competent immigrants, one of the main contributing causes to mental health issues is having trouble finding work. For underused talented immigrants, finding a job, financial difficulties, and low-skill work expectations were identified to be the main sources of stress.
• Financial Struggle for Families – Skilled immigrants who underuse their skills earn less money, which frequently means that they struggle to provide for their families. Many families experience financial stress and anxiety as a result of skilled immigrants’ underemployment and unemployment.

FACILITATING RECOGNITION PROCESSES

Comprehensive policy changes are required to remove these legal obstacles and provide a welcoming atmosphere that promotes migrant skills and education recognition. Possible remedies are examined in this section along with suggestions for policymakers.

• Both the recognition of credentials obtained in the nation of origin and the acknowledgment of informal learning outcomes may be included in the recognition process for migrant workers. A bilateral agreement struck between the participating nations frequently facilitates the recognition of credentials for professional and technical employment, typically at the degree level.
• Through testing, job simulation, work observation, and other competency-based assessment procedures, informal and non-formal learning outcomes are frequently recognized. It can be included into a parallel system that uses academic benchmarks or criteria for credentials, or it may be incorporated into the official systems of training and education that are already in place.
• To get acknowledgment for past non-formal learning for admittance to additional education and training, as well as for labour mobility within host and/or labour-sending countries, a variety of techniques and approaches are employed. Factors like the length of previous experience and the date of acquisition—which are often defined by the service providers in the host country and/or the country supplying labour—are also taken into account.
• An assessment centre or training institution that performs assessments across many industries might oversee the recognition process. These evaluation centres may occasionally have a sector-specific focus, concentrating on certain businesses like tourism or construction. This is frequently the case for professions that need for licenses to operate.
• States are required to make sure that discrimination against migrants on the basis of banned grounds is not tolerated in their constitutions or internal laws and practices. They must also work to eliminate, diminish, or halt the conditions or attitudes that breed bias.
  Regarding the migrant population’s right to education, their responsibilities include –

• To repeal any laws, rules, and directives from the government, and to stop any administrative actions that lead to prejudice in education
• To make sure that there is no prejudice in the admission of students to educational institutions, by law when required
• Not to permit any limitations or preferences to be placed on any kind of support provided by the government to educational institutions on the basis of students’ immigration status.
• Should provide equal access to education to foreign nationals living on their soil as they do for their own citizens.

• To make sure that immigrant students can get beyond language hurdles and actively engage in educational activities, funding for language assistance programs is crucial. These programs have to be specifically designed with immigrants’ unique requirements in mind, taking language variety and competency levels into account.
• It is imperative to reevaluate residence criteria for educational access. Policies must be created with the special needs of immigrants in mind, making it possible for kids to enrol in school without having to go through needless formalities related to their status of residency.
• There must be an adequate supply of functional educational programs and institutions as well as education for migrants. This calls for structures or other forms of weather protection, gender-neutral sanitary facilities, clean drinking water, well-trained educators paid competitively in the country, instructional supplies, and other things; in addition, it calls for amenities like a library, computer centres, and information technology. It mandates that states make certain that established public schools have seats accessible for incoming immigrants, both domestic and foreign.
• For migrant students, education must be acceptable in both form and content, which includes having a suitable curriculum and high-quality teaching techniques. Particularly in dire circumstances like refugee camps, states and the international community must ensure that refugees have not just accessibility to education but also an excellent one. The education that migrants receive, regardless of the format (such as informal or temporary), must fulfill the State’s minimal educational requirements.
• It is recommended that governments establish more efficient procedures for acknowledging foreign-obtained professional and educational credentials. The process of integrating migrants into the employment and school system will be accelerated by the establishment of precise norms and equivalence standards.
• Addressing the global dimension of migration requires cooperation between nations and international organizations. A more standardized and effective system may be achieved by establishing global standards for recognizing credentials and encouraging the exchange of knowledge about best practices.

CONCLUSION 

Legal obstacles to education and skill recognition for immigrants are intricate, multidimensional problems that require immediate response. A coordinated effort by governments, legislators, and international organizations is needed to address these issues. Societies may maximize the potential of immigrants and build a future that is fairer and better for all by enacting inclusive laws, expediting the recognition process, and cultivating an atmosphere of acceptance. 

REFERENCES

1. The research paper “The status of the right to education of migrants: International legal framework, remaining barriers at national level and good examples of states’ implementation” published by UNESCO (United Nations Educational, Scientific and Cultural Organisation), the link for the same is herein: https://www.right-to-education.org/sites/right-to-education.org/files/resource-attachments/RTE_UNESCO_Background_Paper_Migrants_2018_En.pdf
2. The research paper “HOW TO FACILITATE THE RECOGNITION OF SKILLS OF MIGRANT WORKERS” published by International Labour Organisation in year 2017, the link for the same is herein: https://www.ilo.org/wcmsp5/groups/public/—ed_protect/—protrav/—migrant/documents/publication/wcms_748721.pdf
3. The research paper “Barriers to access to education for migrant children” published by CIPPEC (Centre for the Implementation of Public Policies for Equity and Growth), the link for the same is herein: https://t20argentina.org/wp-content/uploads/2018/07/TF10-10-8-Migration-PB-on-Child-migration-and-education-access.pdf
4. The article “Barriers to career advancement among skilled immigrants in the US” originally written by Cassie Arnita and published on Ballard Brief,the link for the same is herein: https://ballardbrief.byu.edu/issue-briefs/barriers-to-career-advancement-among-skilled-immigrants-in-the-us#:~:text=Barriers%20to%20career%20advancement%20include,literacy%2C%20and%20the%20language%20barrier.