Theme 4: Education and work
Under the theme of Education and work the report provides an overview of some apparent human rights gaps and good practices under the headings of:
Access to education
The right to education includes an obligation to ensure that education is available, accessible, acceptable and adaptable. The report highlights research raising concerns related to the equal realisation of the right to education of: disabled children; children of Gypsy/Travellers; children of asylum-seekers; children excluded from education; non-attendees (due to sickness, family obligations etc) - pregnant young women and young mothers of school age. In relation to disabled children, research also suggests barriers such as inaccessible educational institutions and policies that do not cater to disabled students as well as the continuation of prejudicial attitudes. Disparities in relation to social economic status and questions around access to higher education by UK residents from outside Scotland were also identified.
Are you going to be treated worse because you have said that you are a Gypsy/Traveller, are you going to be treated better or worse? You’ve got this attitude because you have been harassed all your life, ‘collar and ties’, ken? Services with authority, I have never trusted and I still don’t trust.
Mary, Scottish Gypsy/Traveller.
Inclusive education
The right to education includes a duty to pursue an overall goal of full inclusion of children with disabilities. The report reveals competing views as to what inclusion means, in particular for children and young people with complex needs - for example, some commentators argue for adapted and supported provision within mainstreaming education whilst others argue for placing pupils in designated special needs institutions. Children considered particularly vulnerable include those with Autism Spectrum Disorders (ASD) or Attention Deficit Hyperactivity Disorder (ADHD).
Access to and fair treatment at work
The right to work and fair treatment at work includes a duty to ensure non-discrimination in access to work, and a spectrum of rights at work. The report cites research which suggests that a range of groups in Scottish society experience discrimination and inequality in accessing work as well as a lack of support mechanisms to assist such groups to first gain employment and then be treated fairly whilst in work. Examples of such affected groups are: parents with children in working families, ethnic minorities, migrants and asylum seekers, disabled people and people who have mental health conditions.
...the rent is extortionate and they can be in there for 6 months to a year, sometimes plus and it is financially impossible for them to work during that time... it becomes an absolute nightmare to manage because they are then having to pay towards their rent which can be about £200 plus a week. A lot of the young people I work with are in that situation - they are on job seekers allowance and they are getting a lot of pressure from the job centre to prove that they are seeking work, when in actual fact it’s just not within their interests financially to do that because they don’t gain anything from it and if anything they are out of pocket, so that is a barrier for them, but the odds really are stacked against them.
Francis, Personal Development & Employability Worker
Fair pay
The right to remuneration sufficient to secure an adequate standard of living is a core element of human rights at work, as is the right to equal pay for work of equal value. The report notes research indicating a significant gender pay gap in Scotland and that fair pay is a productive way to assist individuals and families to combat poverty. Research suggests that young people and those with dependent children are more vulnerable to poverty in unstable and low paid employment. Concerns have also been raised by international human rights bodies at the adequacy of the minimum wage, although the pursuit of a living wage was identified as positive by some. However, some continue to have concerns that groups such as migrant workers may not be receiving the wages they should.