Providing education is one of the most important functions of any government and while many countries’ educational systems face greater troubles than the UK’s, it is by no means without its flaws.
There are five stages that encompass the education system in the UK: early years, primary, secondary, Further Education (FE) and Higher Education (HE). Education is compulsory between the ages of 5 (4 in Northern Ireland) and 16. Further Education is not compulsory and covers non-advanced education held at education colleges and HE institutions. The fifth stage, HE, is further study that takes place in universities and other Higher Education Institutions. This article will discuss some of the main problems the UK is facing including its two-tiered education system, major class divide and lack of resources and money in disadvantaged schools.
The past five years since the Netherlands’ previous Universal Periodic Review (UPR) have seen developments in certain areas. There have been concrete actions to protect and fulfil the human right of everyone to education. Concurrently, however, evidence has been gathered of multiple violations of the right within the same timeframe. It is imperative for the Netherlands, as a human rights duty-bearer, to address the different forms of discrimination and marginalisation experienced by vulnerable groups, which hinder their access to education, as well as the multiple other challenges these groups face, whether the challenges are based on socio-economic grounds or otherwise.
Under national and international human rights law, the government of the Netherlands is under an obligation to respect, protect and fulfil the right of every person to education, provide redress for the occurrence of such violations, and prevent them from happening.
Because of its well-structured and tough educational system, Germany is regarded for having exceptionally high academic standards. Students are rigorously assessed at each stage of their education, to the point where if a student fails to meet the required minimum grades in two or more classes, he or she must repeat the entire year to ensure that they always meet the requirements to advance to the next class level. The German educational institution is notable for its strong job stability, free qualified educators, low youth unemployment figures, classes that are tailored to the kids’ learning styles and positive manual labour. Germany, on the other hand, continues to have problems with its educational system.
Structure of schooling system
Germany have a 3-tiered system for secondary education that ranks students by their ability after finishing elementary school. This system then determines whether students will have access to higher education or not. Its education system separates students by their educational abilities, and the tracking starts since 4th grade, which is way too early.
The German states, with the exception of Bavaria, have abandoned the three-pathway model of academically oriented Gymnasium, vocationally oriented Realschule, and vocationally oriented Hauptschule. Apart from Gymnasium, the most common school types now offered are integrated (all three tracks combined), semi-integrated (Hauptschule and Realschule combined), and cooperative (all three tracks combined) (all or two tracks combined with tracking from grade 6).
Furthermore, its dual-track educational system divides pupils into those who are regarded qualified for higher education and others who are funnelled to vocational schools after finishing ten years of school, resulting in inequalities. As a result, many German students drop out of school and are instead placed in job preparation programs rather than vocational training programs. Differences in students’ learning and grading techniques, as well as varying tracking recommendations from their elementary school teachers contribute to educational challenges in German
Secondary education and has a major impact on a person’s career paths. Gymnasium schools cater to the most academically able students, leading to entry qualification for higher education. Realschule schools cater to more vocationally inclined students, leading to apprentice programs, technical schools, and access to Gymnasiums, and Hauptschule schools catering to students with low academic ability, social, or behavioural problems. These constitute the background and subsequent starting point for further education and training for German scholars. The German education system is determined by individual states of Germany, resulting in significant educational disparities.
Socio-economic backgrounds
In Germany, a child’s academic performance is intimately tied to their parents’ backgrounds, with immigrants and their offspring being disproportionately affected by structural inequality. Inequality in the German educational system is a well-known issue. Studies have shown for decades that pupils from more priveleged socioeconomic backgrounds routinely outperform their peers, even when they have similar cognitive aptitude. These children are more likely to be recommended for the top educational tracks in the country and to enter university.The education system is confronted by the challenge of creating equal opportunity for individuals with different backgrounds.
In 2018, UNICEF looked into the educational equity of preschool and school-aged children in 41 industrialised countries. Germany was ranked in the center of the group, ahead of the United States and Australia, but behind smaller economies like Lithuania, Denmark, and the number one country, Latvia.
Immigrant students and students from lower-income households are also less likely to advance in their education, as education in rural areas of Germany lags behind that in cities. German schooling has also been chastised for creating huge divides in educational opportunity between children from affluent families and disadvantaged children/children from immigrant families. Students from a higher socioeconomic background outperform their lower socioeconomic peers with identical cognitive ability, and they are also more likely to be recommended for the highest educational tracks in Germany and to enter universities. Children from migrant families are also four times more likely to be affected by social, financial, and educational risk factors, with students from Western/Northern European countries having a higher probability of having a university degree than students from Eastern Europe/Turkey.
Evidence shows that children from Turkish, Kurdish, or Arabic backgrounds – known in Germany as “migrant” children even if they are second or third generation immigrants—are disproportionately represented in the lowest level Hauptschule, subjecting them to a cycle of marginalization.
Migrant children in Germany attend Hauptschule twice as often as those from similar socioeconomic backgrounds. Despite some progress, migrant children remain underrepresented in the highest-level Gymnasiums. In short, the German educational system fails to assist pupils in overcoming disadvantage and marginalization as a result of their background, including as ethnic or religious minorities.
Several elementary and secondary schools in Berlin isolate migrant children from native-born German students in separate classes, ostensibly because their German language abilities are insufficient for regular classes. In fact, despite the fact that they speak German as a second language, their language skills are generally sufficient for regular classes, but they function as a proxy for discrimination based on ethnicity or other questionable characteristics. The education provided in these segregated classrooms is far inferior to that provided in regular schools. Discriminatory practices stigmatize migrant students, impede their ability to properly integrate and contribute to the German society, and breach Germany’s duties under the ICCPR article 26, read combined with article 2, to ban discrimination.
Whereas French education is prima facie accessible to everyone, as it is free from the start up until higher education, French people claim the French educational system knows many obstacles. I have interviewed French people who are still in the French educational system, both private and public, and some who ended a long time ago, hoping to test the relevance of the claims.
The most recurring obstacle that was mentioned was the teachers’ status. Teachers are underpaid and undervalued. In turn, their quality of teaching is criticised for being short-fused and unilateral. Many individuals with a French education felt they had to follow teachers’ expectations perfectly and had no space for individuality or originality. Specifically, mental health is overlooked as students must work for long hours. In the same vein, there is no psychological support or general encouragement as the French system is competition-based, and success is wholly put out to be the student’s responsibility. Rather than being encouraged once having reached a passing level, students are criticised for not being better.
Concurrently, there is no understanding of tiredness, poor mental health, or mental disorders, as students are not expected to ask for help and are turned down when they do. One interviewee explained:
When I was depressed and exhausted because of the long hours, teachers would get angry when I fell asleep in their class. I was given seven hours of detention because the teacher felt insulted. Nobody listened when I said I needed those hours to revise and sleep.”
Indeed, teaching is not centred around pupils. Instead, it is built on a hierarchical system.
One student in public education also explained they were never mentored or told about future options i.e., what programme to choose to get into which job or abroad opportunities. Each of his decisions was dependent entirely on his own research.
Notably, there was a clear difference in answers with students from public and private education, as privately educated children expressed overall higher satisfaction. This divide is well known to give different chances to children, depending on their socio-economic backgrounds. Accordingly, a systemic reform is needed in order to give public school teachers better chances of successfully conducting their job. This example of respect for the profession from the government is likely to be reflected in children’s behaviour as well.
This unilateral format is reflected in French school programs, whereby up until 2021[1] merely offered three main paths: Literature, Economics or Maths and Science. Only those three theory-based qualifications have been considered worthy. For people who do not fit this programmatic structure, turning towards a more practical-based, closer to work diploma will be judged negatively and as sub-standard. Indeed, French schools are low in the European and world assessment compared to other countries that give children more vocational classes.[2] Most notably, this programmatic structure can be predicted to be especially challenging for neurodivergent individuals. However, the recent change in ‘baccalauréat’ is
closer to an ‘à la carte’ selection and allows more freedom in the building of courses; hopefully minimising these critics.
Notably, the world report identified disability rights in education as the main issue in 2022.[3] Indeed, French integration rules for disabled children in education have been known for being largely confusing and disappointing, leaving parents unsupported. There is still progress to be made as integration in itself is not enough. For example, one interviewee recalled that some friends, parents of children with disabilities, regretted the lack of personnel in school to assist and protect their kids from bullying.
Additionally, we can note the recent (2021) ban on Muslim veils for minors in schools, as well as accompanying parents. This updated ban follows older restrictions that have been wholly criticised as Islamophobic.[4] Indeed, this ban puts a disproportionate weight on Muslim girls attending school, compared to other children.
Most recently, French teachers have held one of the biggest education strikes in protest of the government’s handling of Covid-19 measures in the educational sector. Reflecting on the
aforementioned point on the inaccurate treatment of teachers; they complain about not being consulted in government decisions; being told to change their courses at the very last minute; being expected to conduct hybrid courses without support and not being replaced in case they fall ill. Ultimately, this instability is largely disrupting children’s education.[5]
This report published in December 2020 aims to inform the United Nations Committee on the Rights of the Child about the implementation of the UN Convention on the Rights of the Child in the UK and identify emerging trends and critical issues about children’s rights. The following article gathers the most significant findings of the Commissioners.
Incorporation of the UNCRC into domestic law and failure to ratify the third Optional Protocol
The commissioners report that the UK ratified the UNCRC in 1991 but has not been incorporated into domestic legislation and remains nonjusticiable in UK courts. In addition, the UK did not confirm the Optional Protocol to the UNCRC. In England and Northern Ireland, there is no legal requirement for government ministers to have due regard to the UNCRC, and no unusual movement has been made to introduce the UNCRC into domestic law. However, the commissioners welcome the Scottish initiative to incorporate the UNCRC into Scottish law.
Children’s rights and interests not prioritized in decision-making
The commissioners noted the lack of consideration for children’s rights or voices in policy or legislative processes in the UK. Specifically, the quality of the Child Rights Impact Assessments (CRIA) is concerning, often with no analysis of available options, no justification of selected options, no mitigation measures, and their impact on ministerial decisions is nuclear.
Inadequate resource allocation and no transparency in budgeting
Across the UK, there is a lack of transparency and clarity in budget processes, allocations, and expenditures concerning children, making it challenging to identify how much funding is allocated to children. The budget is also insufficient. For instance, Before the pandemic, children’s statutory services in England faced a £3 billion18 shortfall.19 Meeting the needs of all children in vulnerable situations would cost approximately £10 billion
Insufficient data collection, disaggregation, and análisis
There is a lack of coherent, consistent, transparent, and systematic, disaggregated data collection concerning children across all jurisdictions, making it difficult to monitor and measure children’s needs and assess the fulfillment of their rights.
Insufficient protection means children continue to experience discrimination.
In some areas of Scots law, a ‘child’ is defined as someone under 16, which means some child protection and mental health safeguards do not apply to 16- and 17-year-olds in some settings. For instance, in Northern Ireland, the Age Discrimination Bill would apply only to persons over 16. In England, Black Caribbean pupils are three times as likely to be permanently excluded than White British pupils and twice as likely to receive a fixed period exclusion than White British pupils.
Inadequate participation of children and young people in decision-making
Children’s right to be heard and involved in decision-making processes across all jurisdictions is denied without comprehensive implementation in law and practice. The voting age for UK general elections remains 18. It should be lowered to 16.
Violence against children
Across the UK, isolation, seclusion, and restraint58 are used in education, care, mental health, and detention settings, sometimes as a disciplinary measure for low-level incidents and sometimes resulting in injuries. In England, restraint in education settings and Young Offenders Institutions (YOIs) is permitted to maintain good order and discipline. In Scotland, restraint is sometimes used as an inappropriate response to distressed children’s behavior. Local authority policies and practices are inconsistent, failing to recognize children’s rights. In addition, In England and Northern Ireland, the reasonable punishment defense for assaulting children still exists in law.
Regarding sexual abuse, In England, most children who experience sexual abuse are not identified or supported, and the investigative process, including significant delays in bringing cases to trial, is often traumatic. In Northern Ireland, the average of 986 days for sexual offenses cases involving child victims to reach completion is concerning.
Regarding children enrolled in armed forces, the UK continues to enlist children in the Armed Forces from 16 and actively recruits 16- and 17-year-olds despite the Committee’s recommendations. In Northern Ireland, paramilitary intimidation, shootings, and attacks continue to be perpetrated on children, causing casualties, injuries, and many to become homeless.
Family environment and alternative care
In England, total spending on children’s services decreased in real terms by approximately 11% from 2009/10-2017/18, with assistance, including youth services and children’s centers, experiencing a 60% decrease by 2019/20. In addition, A lack of appropriate services, including specialist residential provision, in or near the place of residence, means children from England and Wales are placed in unregulated placements or sent far from home.
Disability, essential health, and welfare
Across the UK, disabled children are disproportionately affected by inadequate resourcing, mainly because of austerity measures and Covid-19. Overall, disabled children do not always have the additional support required by law or equal Access to services. In England, Special Educational Needs and Disabilities (SEND) services are under increasing pressure. In 2017/18, 81.3% of local authorities overspent their high-needs budget. In Northern Ireland, mental health services and support are fragmented and often unavailable, accessible, or quality to meet their needs.
Failure to realize the highest attainable standard of health
In 2018, 35% of all deaths aged 0-19 in the UK were considered avoidable. In England, too many children lack access to treatment. Only one-quarter of children with a diagnosable condition are referred for help, more than one-third of referrals are rejected, and children wait too long for treatment–an average of 53 days. Consequently, children too often reach the point of crisis requiring inpatient care rather than support in the community.
Inadequate action to tackle children’s food insecurity
There is no single nationwide government measure for hunger in the UK. Before the pandemic, an estimated 1.9 million children experienced food insecurity across the UK.
Child poverty and welfare reform
In the UK, there were 4.2 million children (30%) living in poverty in 2018/19–an increase of 600,000 from 2011/12. Poverty provides constant stress for children, 21% of whom list ‘not having enough money in their top three worries and 5% ‘not having enough food or clothes.’ Opportunities for children in poverty are also fewer: 37% of children who receive free school meals leave education without a Level 2 Qualification, compared to 18% overall.
Adequate housing
In Wales, in March 2020, roughly 69% of those in temporary housing were households with children, including in hostels and bed and breakfasts. In England, there is a family homelessness crisis. There were around 127,000 children in temporary accommodation pre-pandemic and approximately 90,000 families “sofa surfing” and likely to be in overcrowded accommodation.
Education, leisure, and cultural activities
Unequal Access to education is a concern in the UK. in Northern Ireland, many children, including care-experienced children, disabled children, Traveller children, those from ethnic minorities, disadvantaged backgrounds, and with additional needs, face significant impediments to high-quality education. In Scotland, disabled children, particularly those with autistic spectrum disorders and other disabilities, cannot access education on an equal basis.
Education on human rights and the UNCRC
Human and child rights education is not compulsory in schools in England and Scotland. In Northern Ireland, while the UNCRC and children’s rights are reflected with the school curriculum throughout Key Stages 1-4, these are not compulsory.
Insufficient measures to protect and support migrant, refugee, and asylum-seeking children
Asylum-seeking and refugee children and families face barriers to appropriate healthcare and education, a lack of child-friendly interview facilities, the vulnerability of exhaustion of appeal rights, deprivation, and the negative consequences of the UK government’s ‘hostile environment policy.
Overuse of deprivation of liberty
Across the UK, there are increasing concerns about children being unlawfully deprived of their liberty in institutional settings. In England, children can spend up to nine months in custody without a sentence. In 2019, two-thirds of remanded children did not subsequently receive a prison sentence.
Impact of Brexit
Europosters.fr
The European Union (EU) Withdrawal Agreement Act removes the EU Charter of Fundamental Rights from UK law, weakening legal protections for children. It contains rights with no direct equivalent in UK law, including for a child’s best interests to be a primary consideration in all actions taken by a public or private institution, a freestanding right to non-discrimination, and the right to human dignity.
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