Research project AP/46 (Research action AP)
General research objective
This research project aims to investigate the issue of schooling for children without legal residency in Belgian society.
Introduction
The right to education is a fundamental human right established by international law. It contributes to the full development of the human personality and encourages respect for human rights and fundamental liberties. In Belgium the right to education is established by Article 24, paragraph 3, of the Constitution and by the Compulsory Education Act of 29 June 1983. Belgium has a good quality education system which is often commended beyond its borders. However, not everyone participates to the same extent. To date the "democratisation" of education and, more particularly, actual implementation of the right to education, has been only partly successful. Research has shown that there is an alarming gulf between immigrant and native children. Inequalities occur in choice of schools, school careers and passage through to more advanced education. It is to be expected that this problem will become more acute among the group of children who do not have legal residency. In Western Europe, and Belgium in particular, there is a scarcity of factual and theoretical knowledge on the school careers and schooling process associated with this group, and the specific challenges facing schools when they actually attempt to reach out and serve this group. This research project attempts to fill in the gaps in our existing network of knowledge. The study is confined to elementary education.
Research topics
The main research topics are:
1) What is the broader context of the (educational) issue facing this group? What is the legal context? What literature/expertise is available? Which organisations are involved?
2) How many children do elementary schools take in without papers? What is the composition of the group?
3) Which special initiatives do schools develop for this particular target group?
4) What are the obstacles, problems and thresholds experienced by schools, children and parents? What examples are there of good practices? What are the success factors?
5) What policy recommendations arise from this to enable the competent authorities to contribute towards creating the conditions for more efficient schooling?
Methodology and research phases
These research topics correspond to five research objectives, each linked to a specific, methodological phase.
- The purpose of the preparatory phase is to map out the broader context of the educational situation for children without legal residency in Belgium, including the relevant literature, the legal framework and the expertise present. This phase requires a study of the literature, analysis of (legal/policy) documents and interviews with key figures.
- The quantitative phase has a dual objective. The first is to estimate the number of children without legal residency in elementary education and (if possible) to set up general profiles for the target group. The second objective is to identify any special measures taken by elementary schools in respect of this target group, including a list of any funding, obstacles and opportunities. To this end all available and relevant administrative data banks will be screened and schools will be surveyed by means of a written questionnaire.
- The aim of the qualitative phase is to identify the way in which the target group is schooled, paying particular attention to the difficulties, obstacles and opportunities (best practices) experienced by the teaching staff, parents, and other players and interested parties in the field. In this phase we outline the perspective of the school, the perspective of parents and the perspective of affiliated organisations/institutions operating in the educational and integration sector. This is done by means of interviews.
- Finally, we have the integration phase, which aims to identify the conditions for more efficient schooling of the target group, and to formulate policy recommendations and contributions to scientific research on this subject.
Anticipated results and products
1. Overview of the literature, legal context and existing initiatives;
2. Estimate of the number of children without legal residency in Belgian elementary schools, including (where possible) the demographic profile of the population under study;
3. Overview of measures and initiatives taken by these schools in respect of the population under study;
4. In-depth analysis of the mechanisms and processes which make it possible for us to understand the educational situation of children without legal residency, including the problems, opportunities, etc., experienced by the schools; and
5. Formulation of policy recommendations for schools, policymakers and other stakeholders.
Quel droit à l’enseignement pour les enfants en séjour précaire ? Une analyse de la situation des enfants sans titre de séjour légal ou avec un titre de séjour précaire dans l’enseignement fondamental en Belgique? : résumé
Bruxelles : Politique scientifique fédérale, 2010 (SP2186)
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Welke recht op onderwijs voor kinderen in precair verblijf? Een analyse van de situatie van kinderen zonder wettig verblijfsstatuut of met een precair verblijfsstatuut in het lager onderwijs in België? : samenvatting
Brussel : Federaal Wetenschapsbeleid, 2010 (SP2185)
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