The integration of Ukrainian migrant children into the German school system: the implementation of Articles 22 and 28 of the CRC in North Rhine-Westphalia

Abstract

After Russia invaded Ukraine, a significant displacement movement began, bringing one of the most wide-reaching migration crisis. More than one million Ukrainians have already been received in Germany. From them, 35,613 children are enrolled at school in NRW, the German federal state who receives the most significant number of Ukrainians. Under Articles 22 and 28 of the CRC, Germany must protect migrant children and provide them equal opportunities in accessing education. The German school system is not federally centralized; each federal state has the competence to legislate and apply its policies. Furthermore, what makes the system even more complicated is the division inside the levels of education; for example, lower secondary school is composed of five types of schools in NRW. Analysing the implementation of those articles to Ukrainian children in Germany, especially in NRW, it was possible to find that despite the many flaws, the country is not in violation of Articles 22 and 28 of the CRC because it recognizes the rights of migrant children and meets the minimum core obligation under the right to education. However, there is much room for improvement regarding the progressive implementation, especially in the transitions between secondary schools that are not presented equally for migrant students. In addition, increasing the number of professionals working in schools and increasing school space are urgent measures that must be taken to improve the quality and capacity of education not only in NRW but in Germany as a whole.