The Pedagogy of Statelessness: Education Exclusion of Children of Undocumented Migrants and the Right to Dignity Under Article 21
Year: 2026
Type: article
Abstract: ABSTRACT: States whose legal status as citizens has not been recognised or affirmed by a government or international entity, and therefore cannot give authority or legitimacy to be governed by that state. The purpose of this paper is to look at how Statelessness creates legal or governmental ghosting in violation of human rights and Article 21 of the Constitution. The article will explore the impact of Immigration Policy on the Education of Stateless children worldwide by addressing the legal barriers that have led to the exclusion of undocumented and Stateless children from the Right to Education. The inquiry additionally investigates how such these barriers intersect with or are fundamentally in conflict with the Constitution's legal provisions (Articles 21 & 21A), the laws governing the RTE Act 2009, and International Treaty obligations (1954 Refugee Convention, Convention on the Rights of Children; International Covenant on Social, Economic and Cultural Rights - ICESCR; Universal Declaration of the Rights of Man (1948); Convention on the Elimination of All Forms of Discrimination against Women; and Convention on the Rights of Persons with Disabilities). Finally, the Research paper will demonstrate that the existing mechanisms for verifying citizenship in India, particularly Aadhaar, create an educational apartheid, which denies access to education for undocumented and Stateless upholding of human dignity the fundamental protection of human dignity found in the right to life. Finally, the Study will propose a three-pronged reformative framework utilizing the 4A elements of human rights: (i) Immediate Administrative Flexibility to Ensure Availability and Accessibility to Education; (ii) The Development of Structural Integration Over the Medium Term through Acceptable Strategies both Regionally and Nationally for the Integration of Stateless Persons into the Education System through Bridge Schools and NIOS Certification; and (iii) Long-term Legislative Structures, Including Development of a Comprehensive Refugee Law, to Codify the Right to Education for Stateless Persons.
Authors: Jabi, Asna, Ahmed, Masood
Institution: Kalinga University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7208834520