The Human Rights Perspective Of The Educational Rights Of Asylum Seeking Refugee Children

10.2478/bjlp-2023-000

Abstract

Upholding human rights in the context of education is manifested in the form of the right to education. Realizing this right requires equal distribution of education which means the widest possible educational opportunity for everyone, including fulfilling children's rights to education for refugees or asylum seekers. Because asylum seekers have entered the territory of a country, that country has no other choice but to accommodate asylum seekers first, until the asylum seekers are received in a third country, the obligation of the transit country is not only to accommodate the state to guarantee the fulfillment of the basic needs or rights of asylum seekers while they are in in transit countries, one of which is the right to education for asylum seekers. Based on data from the United Nations High Commissioner for Refugees (UNHCR) in 2021, there are 13,459 refugees in Indonesia, of whom it is estimated that around 27% are child refugees and 114 children of whom come alone or are separated from their families. This research article will discuss the role of the Indonesian state in providing educational rights to children of refugees from other countries or children of asylum seekers as well as international arrangements related to the education rights of children of asylum seekers in transit countries. This study uses normative juridical research methods, through international regulatory approaches and conceptual approaches, in this case studying and analyzing material and legal issues based on international regulations and concepts related to the study of Human Rights from the perspective of the Educational Rights of Asylum-Seeking Refugee Children.