E/1982/3/Add.16
English Page 2
I. UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND*
Implementation of the general spirit of Article 13
1. References to legislative or administrative measures normally relate to provisions covering England and Wales but corresponding provisions exist in Scotland and Northern Ireland, unless otherwise stated.
2.
Educational provision in the United Kingdom of Great Britain and Northern Ireland is not racially segregated, and the Race Relations Act of 1976 makes it illegal for educational establishments to discriminate against the admission of any pupil or student on racial grounds.
3.
ARTICLE 13: THE RIGHT TO EDUCATION
A. General
Under the 1944 Education Act it is the duty of the local education authorities to provide, free of charge for tuition, education suited to the age, ability and aptitude of all children in their areas who may be presented for education; and of parents to cause their children to receive suitable education, by regular attendance at school or otherwise (sects. 7, 8, 61 and 36 of the 1944 Education Act). Education is compulsory in the United Kingdom for all children from 5 to 16 years of age.
4.
The 1980 Education Act enables parents to express a preference as to the school they wish their children to attend, and places a duty on local education authorities to comply with the parents' choice, except in certain specified circumstances (sects. 6, 7 and 8 of the 1980 Education Act). Similar legislation for Scotland is currently in preparation.
5.
Sections 17 to 19 of the 1976 Race Relations Act, which were brought to the attention of local authorities through the issuance of a circular on the Act, make it illegal to discriminate on racial grounds in the provision of educational facilities. The annex to a circular, issued in March 1981, drew attention to these provisions, to the paragraphs of the Education Acts relevant to the admission to school of pupils of overseas origin, and to European Community Regulation 1612/68, which is directly enforceable in domestic law. A circular issued in July 1981 drew attention to the 1977 European Community Directive on the Education of Migrant Workers' Children.
* A list of documentation provided to supplement the present report is contained in the annex.
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