OSCE has always paid a special attention to children and their rights, including education. In the chapter dedicated to social aspects of migrant labor of the Final Act of the Conference on Security and Cooperation in Europe (Helsinki, 1 August 1975), the participating States affirm their commitment to ensure that children of migrant workers established in the host country have access to the same kind of education and under the same conditions as national children, and that they receive supplementary education in their own language, national culture, history and geography.

The participating States reaffirm this same commitment in paragraph 43 (Cooperation in other areas)of the Concluding Document of Vienna (Third Follow-up Meeting, 19 January 1989). In the chapter dedicated to Cooperation and exchanges in the field of education, they commit themselves to facilitate exchanges of schoolchildren between their countries on the basis of bilateral agreements, where necessary, including meeting and staying with families of the host country in their homes, with the aim of acquainting schoolchildren with life, traditions and education in other participating States (paragraph 66). Also they commit to ensure that persons belonging to national minorities or regional cultures on their territories can give and receive education on their own culture, including instruction through parental transmission of language, religion and cultural identity to their children; to encourage further cooperation and contacts between specialized institutions and experts in the field of education and rehabilitation of disable children. They recognize to all parents the freedom to ensure that religious and moral education of their children is developed in conformity with their own convictions.

On the issue of reunificaiton of minors with families who live in another OSCE participating State, on the basis of the relevant provisions of the Final Act and of the other OSCE documents, States assert that they will ensure that an application submitted while the child is a minor will be dealt with positively and expeditiously in order to effect the reunification without delay, and that adequate arrangements will be made to protect the interests and welfare of the children concerned.

In the Final Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE (29 June 1990) (13) the participating States decide to accord particular attention to the recognition of the rights of the child, his/her civil rights and individual freedoms, economic, social and cultural rights, and right to special protection against all forms of violence and exploitation. They will consider accession to the Convention on the Rights of the Child (opened for signature by States on 26 January 1990) in case they have not yet done so. The rights of the child as affirmed in the international agreements to which they are Parties will be recognized in their domestic legislation.

Especially significant in this context is paragraph 28 of the Istanbul Summit Declaration (1999), where OSCE States commit to actively promote children’s rights and interests, especially in conflict and post-conflict situations, to regularly address the rights of children in the work of the OSCE, and to pay particular attention to the physical and psychological well-being of children involved in or affected by armed conflict. In the Charter for European Security (Istanbul 1999), paragraph 24 is about measures to end violence against women and children as well as sexual exploitation and all forms of trafficking in human beings: to prevent such crimes the participating States affirm that they will promote the adoption or strengthening of legislation to hold accountable persons responsible for these acts and strengthen the protection of victims.

Special attention is paid to the rights and interests of children in armed conflict and post-conflict situations (including refugees and internally displaced children) in whose interest the participating States will develop and implement special measures. They will also look at ways of preventing forced or compulsory recruitment for use in armed conflict of persons under18 years of age. OSCE Missions to conflict areas are steadily concerned about children: in September 2003, together with the Office of the High Representative, the OSCE Mission to Bosnia and Herzegovina has urged school authorities in Bosnia to act so that politics do not interfere with the right of all children to a de-politicized, high-quality and modern education system in any part of Bosnia and Herzegovina.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.