Bill drafted to guarantee undocumented children’s right to education

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A bill has been proposed to guarantee undocumented children’s right to education in Korea.

Under the bill, foreign minors would receive the same level of education as Koreans at elementary, middle and high schools despite not having valid visas to stay here.

It was drafted Thursday by Rep. Lee Hack-young and nine other legislators from the liberal Democratic Party of Korea.

The bill identifies all foreign children, “including undocumented ones,” as subject to the basic rights enshrined in the Elementary and Secondary Education Act.

In 1991, Korea joined the United Nations Convention on the Rights of the Child, a treaty that affirms children’s right to education, including access to free, compulsory primary education. But many undocumented children in the country have not been able to fully enjoy the right, according to the lawmakers.

“While there have been no major problems with enrollment for registered foreign children, there have been problems with enrollment for undocumented ones, preventing them from receiving even basic education,” they said in the proposal. “The enforcement ordinance was adopted to improve the situation for undocumented children. But admission to high school is still left to the discretion of the superintendent, and there is no legal basis for the right to learn for such children, which leaves them vulnerable.”

The number of undocumented children, most of whom were born to parents staying here unlawfully, is not clear as there is no government system tracking figures. According to human rights groups for immigrants, the number is estimated to be as high as 20,000.