CELEX: 51975PC0390
Language: en
Date: 1975-07-23
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE EDUCATION OF THE CHILDREN OF MIGRANT WORKERS submitted by the Commission to the Council)

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DOCUMENTS "COM"
COM (75) 390
Vol. 1975/0153
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 ---pagebreak--- COMMISSION O? THE 1EUE.OPB.AN œMMuMEiSS
                                                         COM(75)390 final
                                                   Brussels , 23 July 1975
                         PROPOSAL POR A COUNCIL DIRECTIVE
                 ON? THE EDUCATION OF THE CHILDREN OP MIGRANT WORKERS
                         submitted, by the Commission to the Council )
   C0M(75 ) 390 final
 ---pagebreak---                                                                           С0Ш(75)39О
                                                                          АРМГС Т
                      Retort on the education of the children of ni ,grant workers
             1.    Ih the seven host countries of the Community the number of migrant
             workers' children attending school is as follows ( for school years
             1972/73 to 1974/75 » according to the case ):
,   .         _           _       _ . .        _ «*
{x 1 000 )    Gerrnariy. France United Kin/ylom. Belgi.ua Netherlands Luxembourg Denmark Tot e l
      school
^.-Acation        2.7       183.3                    32,6                   2.2                  220,8
Level I         149.1       369.8       (45 )"       95.8     11.4          7.7       ( 1.5 )  ( 680 .?,)
   vel II       111.5       156.0       (45 )        63.8     (4.3 )        2.9       ( 1.5 )  ( 390 ,-)
                                                                                              1 291.1
             The number of migrant workers employed in 1973 was 6 244 000 for the whole
             of the Community , broken do:m as follows for the seven host countries :
(X 1 000 ) 2 345-1       1 770.0    1 665 .O        220.0    122.1         40.0      35*5
             2.    The most difficult of the obstacles which migrant workers 5 children
             have to overcome is that of the language of the host country .
             Very many migrant workers' children suffer from a linguistic handicap
             which prevents them from obtaining normal results at school *      Children
             who have already attended school in their own country have great difficulty
             in integrating into classes of their level and age .
                The figures between brackets are estimates .
                These figures do not include either Oommonv.-ealth citizens or nationals
                of Ireland *
 ---pagebreak---                                        - 2 -                 CQK(75)390
The need for linguistic adaptation and the lack of similarity "between
curricula put them back one or more years .      As a result young migrants
are practically excluded from the advanced level of secondary studies ,
and even access to apprenticeship and vocational training is difficult
for them .
The psychological shock undergone by young foreign children on transfer
into an unknown , indifferent or hostile environment which is often
incapable of assessing their cultural background should not be
underestimated .
Absenteeism or the refusal to go to school are banes which prevail in
varying degrees according to region or host country and also according to
the origin of the immigrants .
The parents of migrant children are generally on a low socio-cultural
level and have a very poor knowledge of the language and educational
system of the host country.      As a result , they have difficulty in
helping end guiding their children .               This leads to a bed
educational climate whose harmful effects are aggravated by housing
conditions which are not very conducive to study.
A survey undertaken in 1974 hy the Institut fur Sozialforschung und
Sozialwissenschaft in Saarbrftoken revealed that the Italian children in
the Saarbrucken region who had left school could be divided up as follows :
15.7$ left school before the seventh year ( Grand- u-id Hau.pt schule = primary
         school )
12.7$ at the end of the seveath year
19 - 7/o at the end of the eighth year
46 . 1% at the end of the ninth year ( end of Hauptscbule )
 0 . 6% had attended Re alschule (~ intermediate school , " secondary modern")
 2® 1 % had attended a Gymnasiun (= secondary general school ) ( all from
         families integrated into the host environment )
 1.5$ had attended special schooln
 1       hod attended other types of schools .
47$ of the children had not reached the normal level at the end of their
compulsory schooling.      It should be pointed out that 25% of German
children are in the same position .
 ---pagebreak---                                           - 3 -                COM(75)?90
3.     In its Resolution of 21 Jarrucry 1974    concerning a social action
programme for the period 1974 to 197^1 the Council of Ministers of the
European Communities included in its priorities the implementation of an
action programme for migrant workers and members of their families ,
which also concerned the problems regarding the training and education
of the children
In addition , the Ministers of Education , meeting within the Council on
6 June 1974 1 chose , among the priority actions involving cooperation
in the sphere of education , improved cultural and vocational training
opportunities for nationals from Member States of the Community end
non-member states and their families .
In its Action Programme for migrant workers and their children , adopted
on 13 December 1974       j the Commission proposed a number of measures
concerning education , two of which are extremely important :
( a)   special educational provisions vhich are essential in order to help
       migrant workers ' children to integrate into the educational and
       social environment of the host country;
(b)    a place in the normal school syllabus for the language and culture
       of origin of the migrant worker 's child.
The aim of the attached directive is to commit the Member States to take
such measures to provide migrant workers * children with equality of
opportunity with the children of tlie host country.
     OJ    C 13/1 of 12 Fnbruary . 1974 *
     OJ C 98/2 of 20 August 1974.
**•*     .
     CGM(74)2250.
 ---pagebreak---                                     - à -                  сощ 75)390
4.   The first measure proposed "by the Commission is , therefore , the
general establishment of a system of reception for migrant workers'
children .
The aim of the reception class is to teach the migrant worker 's child the
language of the host country in order to help him to settle into the new
environment and enable him to follow^ as soon as possible , the tuition
normally provided for children of his age in the host country. -
Reception classes are widely used in Denmark and in the Federal Republic
of Germany .  They are being introduced in Prance , the ITetherlands and
Luxembourg .  Conclusive experiments have token place in Belgium .
Experiments are being carried out in the United Kingdom for Commonwealth
immigrants who have no or inadequate knowledge of the English language .
5.  The second measure proposed by the Commission concerns the teaching of
the language and culture of origin .
For several years research workers and educationalists in many countries
have emphasized the prime importance for migrant workers * children to
continue to use their mother tongue and to keep in touch with their oulture
of origin.
It is now acknowl edged that native language and culture play a decisive
role in the educational process :   conceptualization , acquisition of another
language , formation of personality , family relax ions . The native language
and culture are therefore fully entitled to be included in the education of
migrant .rorkers 1 children . A knowledge of their native language is
obviously essential in the case of children who have to be reintegrated into
the educational system of their country or for young people who lock for a
job in their country of origin after having received training abroad .
In the past , this type of teaching was given entirely outside school hours .
A very strong motivation was necessary on the part of the child and of his
parents in order to aohieve any significant results . It became very
obvious that a system implemented entirely outside school hours gave
rise to educational overwork. A very low percentage enrolled , and thei r
 ---pagebreak---                                                             СОМ(75>390
^attendance at courses was very irregular , so that results were quite
  inadequate .
                                                              ν
 Educationalists , psychologists and linguists demand nowadays that native
  language and culture be taught as part of the normal school syllabus . As
 long as the early teaching of a foreign language is not generally accept 3d
  at primary school level , it will "be difficult to find four to five hours
 for it in the school timetable i/ithout encroaching on other subjects .    In
 secondary education , the mother tongue of the migrant worker 's child nay
 count as a compulsory foreign language without disrupting syllabuses raid
 timetables .
 In the Federal Republic of Germany and in Denmark the mother tongue of
 migrant workers' children is taught at primary and secondary level .    The
Netherlands plans to introduce a similar system .     In France the principle
 of the need to teach the mother tongue has been recognized .
 6.   The reception classes require teachers trained to look after migrant
 workers' children .   As far as the teaching of the language and culture of
 origin i3 concerned , this should be entrusted , in most cases , to foreign
 teachers .   At the present tine the Member States do not have enough
 qualified teachers available to enable them to introduce the numerous
 languages spoken by the migrants into their education system .    Moreover ,
 it is extremely important that teachers of the same language and culture
 as the migrants should establish and maintain contacts between the school
 and the families ,
 7.   In accordance with the Decision of the Council of Ministers for Social
 Affairs of 27 Juno 1974 the European Social Fund may contribute towards
 additional expenditure arising from teaching courses adapted to the
 children of foreign workers . The Social Fund may also cover operations to
facilitate the basic and advanced training of social workers and teachers
responsible for teaching migrant children .    Under this head the Social
Fund finances half the expenditure resulting from operations carried out
by public or private organizations , subject to the conditions and limits
laid do:m by the existing regulations .
 ---pagebreak---                                       - 6 -                   сда(?5)з;о
8.   Furthermore , the Corani ssion vri.ll support studies and research projects
designed to elucidate the problems posed by the education of the children
of migrant workers .    It will support , as far as possible , pilot schemes
carried out in connection with the education of such children and with the
training of specialized teachers .
At regular intervals the Commission will bring together teachers and
experts in order to enable them to exchange ideas and to cooperate
actively in the preparation of methods and teaching material intended to
cater for migrant workers 1 children.        The Statistical Office of the
European Communities is drawing up educational statistics showing the
number of foreign pupils according to nationality and educational category.
9.   The reasoning behind the planned measures is valid for all migrant
workers * children whatever their country of origin .       The draft Directive
therefore covers the children of all foreign nationals residing 0:1 the
territory of a Member State in which their parents or guardians pursue a
professional or trade activity or are employed.
 ---pagebreak---                                                                    0011(75)390
                                                                  AIÏTJEX II
                          PROPOSAI, FOR A COUÎTCIL DIRECTIVE
               OH THE mJCA'ITOF OF THE CHII-TiREN' OF FTGR/ffiT KORKEFS
                     ( Proposala by Ilr Brunnor and Dr Hillery)
EZPLATSTATOHy I^IORAmUIÎ
 .  _   . .  „   ...    1
1 . In its Resolution of 21 January 1974 concerning a social action
programme , the Council of the European Communities requested the Commission
to establish an action programme for migrant       workers . The chief aims of
this programme are to improve the conditions       of freedom of movement within
the Community of workers from Member States ,      to improve the social
infrastructure of the Ilember States which is      indispensable for resolving
the problems of educating and training migrant workers * childrer. f and to
achieve equality of treatment for Community and non-Community workers and
members of their families with regard to living conditions . It should
also be recalled that one of the tasks of the Community is to abolish
restrictions on freedom of establishment for nationals of I'ember States on
the territory of the other Ilember States .
2 . On 19 December 1974 "the Commission forwarded to the Council an Action
Programme for migrant workers and their families (C0Ii(74)225O ) , which envisages
a number of measures concerning the education of migrant workers * children..
Those measures include the following: the development in tho Jicnijcr States
of reception and crash training classes to assist the migrant workers * children to
settle into their new linguistic and educational environment ; the inclusion
of courses , during normal school hours , to enable these children to
retain their original culture and mother tongue ; the recruitment of
teachers from the country of origin and suitable training for teeohers
responsible for the education of migrant workers ' children.
  OJC 13 /1 Of 12 February 1974 .
 ---pagebreak---                                                                 CQ!!(75 )^-
 3 * The Ministers of Education of the Member-'" States , meeting in the Council
on 6 June 1974 t considered an action programme for the education of
children of nationals of the other Member States and non- -member countries
to "be a matter of priority .
4 . The education of migrant workers * children raises numerous problems of an
educational , psychological , linguistic and administrative nature at all
levels of training. Article 12 of Regulation 1 612/60 , ijhich stipulates
that the Member States shali encourage all efforts to enable migrant workero *
children to attend geaer &l education, apprenticeship and vocational training
courses under the best possible conditions , has not produced all the
expected results .      The lack of educational structures able fully to
ensure the education of the children of migrants from Member States who
have settled in the territory of another Member State constitutes a major
obstacle to freedom of movement for workers in paid employment and
freedom of establishment for self-employed workers .
5 . It therefore appears necessary and urgent to guarantee , in the
Community , through practical - measures , that migrant children from Community
and non- Community countries shall receive an education suited to their
situation and capable of ensuring them equality of real opportunities
vi s- -5,-vi s children of the host country .
6 . The aim of this Directive (Article 1 ) is to call upon the Member States
to make special educational provisions enabling migrant workers * children to "be
integrated into their educational system and enabling the cultural identity
ox the children to be preserved .      These provisions must be taken by the
host country for children x-:ho live with their parents or guardians in
the country where the 1 at tar are employed or pursue a professional or
trade activity .
  OJC93/2 of 20 August 1974 .
20J L 257 of 19 October 1 968 .
 ---pagebreak---                                     - 3 -                      сош(75 ) 390
As was acknowledged both by the Ministers for Social Affairs and by
the Ministers of Education , meeting within the Council , Coraiunity action
to improve living conditions , particularly with regard to education and
vocational training , should benefit both nationals of non-member States
and persons originating from Member States .         The proposed provisions ,
conceived in this way , vri.ll make an effective contribution to the
accomplishment of the Community 's social objectives .
7.   The first measure proposed (Article 2 ) concerns the setting up of ,
educational reception arrangements .      Lligrant workers' children i-rho do
not know or have a very poor knowledge of the language of the host
country should be given a crash language course which will help them
to integrate as quickly as possible into their new educational arid
social environment .     It is absolutely essential for the reception
arrangements to operate , from the time of their arrival , in respect of all
migrant workers * children subject to compulsory education as defined in
the laws of each host country.        In the Llember States where the law
provides for part–time education for young people aged 15 to 18 years who
no longer attend school full-time , reception arrangements should be
provided for young migrants who , without suitable language teaching ,
could not make use of the existing educational and vocational training structure
The initial teaching is generally carried out in special reception classes with
a small number of pupils .     Other recei-ition arrangements are possible when there
are only a few pupils or when they already have an adequate knowledge of the
language of the host country .    It is the responsibility of the Member States
to define the reception arrangements which they intend to implement and the
minimum and ma::imum number of pupils in each reception class .        Such instruction
should meet the pedagogic demands made , for instance , by the age of the
children , the degree of similarity between the mother tongue and the language
taught , and , where applicable , the linguistic diversity within the class .
8.  The intellectual and spiritual development of children living in
different cultural environments f in their family and at school , must take
place in both these reference systems if the children are not to be condemmed
to both scholastic failure and failure in - their family relationships .        It
is therefore necessary to reserve a place in the education of migrant
children for the teaching of the language and culture of their country of
origin (Article 3 ).    This need was stressed in a resolution adopted
 ---pagebreak---                                     - 4 -                      ЯЖ 75 ) 390
by the Standing Conference of European Ministers of Education at their
9th meeting (Stockholm , 9-12 June 1975 )*    Iloreover , knowledge of their
mother tongue is? indispensable for young migrants who wish to return to
school , or find a place in economic and social life , in their country of
origin .
Teaching the language and culture of the country of origin outside school
hours leads to overwork .   The Directive therefore requests Member States
to make all the arrangements necessary to ensure that such teaching is
included in the normal school curriculum , for the entire duration of
full-time compulsory education .    It would be desirable for pupils at the
advanced level of secondary schools ( 15 to 18 years ) to be able to choose
their mother tongue as first or second foreign language .       It does not
seem realistic to try to compel all schools to offer this choice beyone the
period of compulsory schooling .   The reasons for this are of a practical
nature :  the difficulty of finding qualified teachers at this level for
all languages , the small numbers of pupils , the need to teach a widely-used
foreign language in technical schools .
The Commission realizes that the nature of the bicultural schooling to be
introduced may vary according to the objectives and the methods chosen by
the different Member States .    However , the Commission considers that this
bicultural education should offer children the opportunity to learn their
mother tongue and to receive tuition concerning the historical , geographical ,
social , artistic and literary aspects of their country of origin .
The Ksruber States shall make use of those methods and techniques which are best
suited to the needs of the children of migrants , e«.g ., "peripatetic teachers ".
Moreover , they shall apply the same standards as those in force in their
educational system as regards the minimum or maidmum number of pupils per
class .    The decision as to whether cr not a foreign child should receive
education in the language and culture of his country of origin is entirely the
responsibility of the parents or guardians .
 ---pagebreak---                                      - 5 -                    CCM(75)39C
"9 ^ AHjfceachers -{Article 4) of migrant workers * children should "be made aware
 of the specific problems of their pupils .    The teachers who are to
be in charge of the reception classes should learn to make concrete
use of a method of accelerated language teaching and receive detailed
 information on the psychology and cultural background of the children
who will be entrusted to them.      None of the Ilember States at present
has at its disposal enough teachers capable of teaching the language
and culture of origin of all the migrants *     It may therefore be
necessary to have recourse to foreign teachers , who , in their turn,
must be initiated into the language , educational system and teaching
methods of the host country#
The Directive obliges Ilember States to employ foreign teachers in all
situations inhere recourse to national teachers for the tuition referred
to in Article 3 is impossible .     The host country is , of course , in
charge of the tuition provided on its territory .      Foreign teachers
will therefore be placed under the jurisdiction of the organizing
national authorities in the host country.      Various formulas are
possible for the employment of foreign teachers : secondment on a
temporary basis or for an unspecified period , status of privately
employed person , , the earns status as for nationals . It is the
responsibility of the host country to find , where necessary with the
aid cf the authorities of the country of origin , a reasonable solution
to the problems of rtatu3 f recognition of qualifications , terms of
service , continuity of ca-reer , and social benefits which may arise ,
10 . Articles 5 to 7 reproduce the general clauses in use in directives .
A time limr-.t of three years seems reasonable to enable Msriber ft at en
to adopt the necessary measures to comply with tho provisions of this
Directive .
 ---pagebreak---                                                            СО!" (?5)3?0
                                                           АТЕчЕХ III
                     ' PROPOSAL FOR A COUNCIL DIRECTIVE
            on the education of the children of migrant workers
TUB COUNCIL OF THE EUROPEAN COMMUNITIES ,
Havingxregard to the Treaty establishing the European Econoraio Community ,
and in particular Articles 49 and 235 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Having regard to the Opinion of the Economic and Social Committee ;
Whereas in its Resolution of 21 January 1974 concerning a social action
programme , the Council included in its priority actions those designed
to improve the conditions of freedom of movement for workers , particularly
with regard to the problem of the reception and education of children ;
Whereas , moreover , the same Resolution fixed as an objective the achievement
of equality of treatment for Community and non-Community workers and
r.embers of their families in respect of living conditions ;
Whereas in their Resolution of 6 June 1974 the Ministers of Education,
meeting within the Council , also acknowledged as a priority matter the
development of better opportunities for cultural and vocational training
for nationals of other Member States and of non-member countries and
their children ;
Whereas it is necessary for the children of migrant workers to receive
an education suited to their particular situation and to be guaranteed
access to all forms of education and vocational training ;
 ---pagebreak---                                       - 2 -                   сом(75)390
Whereas it is necessary to provide the children of migrant workers with a
crash course in the language of the host country so that they can be
integrated as quickly as possible into the educational environment or
the vocational training system of the host country ;
Whereas it is advicsble that -the children- of nigrant - workem receive
tuition in their mother tongue and their culture of origin , in order to
ensure the full development of the personality of children situated
between two cultures and to maintain the possibility of reintegrating
them into the educational system and the social and economic life of
their country of origin ;
Whereas application of the system of education thus envisaged should be
extended to all children of migrant workers residing in the Community ,
irrespective of their country of origin and the nature of the occupations
of the persons responsible for them ;    whereas the system thus conceived
is such as to contribute towards improving living and working conditions
in the Community ;  whereas the Treaty has not provided all the powers bf
specific action necessary to bring about this objective ;     whereas recourse
should therefore be made for this purpose to the provisions of Article 235 »
HAS ADOFEÏÏD THIS DIRECTIVE :
                                    Article 1
The liember States rh*>,li facilitate within -sbsir territory
the          adaptation of the children of nigrrat workers to
the educational system and social life of the host country whilst ensuring
that the linguistic and cultural links are maintained between the children
and thoir country of origin .
For the purposes of this Directive , children of migrant workers are
children who are the responsibility of any national of another Member
State or non-member state residing on the territory of the Member State
where the said national is employed or pursues a professional or trade
activity .
 ---pagebreak---                                      ~ 3 -                  co: ( 75 ) 3;o
                                   Article 2
For this purpose the Member States shall make all the arrangements
necessary in order to organize on their territory appropriate gratis
initial education in reception classes for the children of migrant workers ,
including , in particular , a crash course in the language or in one of the
official languages of the host country.       This education shall "be
provided for such children following compulsory education on a full or
part-time ba3is as defined by the laws of the host country .
                                   Article_ 3
The Member States shall also make all the necessary arrangements to include
in the school curriculum gratis tuition in the mother tongue and culture
of the country of origin of children of migrant workers suitable for
achieving the aims laid down in Article 1 „     While the Member States should
make use of those methods and techniques which are best suited to the needs
of migrant workers' children , such tuition must be given in accordance with
the education standards normally applicable in the host country , particularly
as regards the minimum or maximum number of pupils per class .          This tuition
shall cover the entire period of full-time compulsory education as defined
by the laws of the host country .
                                  Article 4
The Member States shall make all the necessary arrangements to ensure the
training of teachers who are to provide the crash course in the language
of the host country and the tuition in the mother tongue and culture of the
country of origin of the children of migrant workers . For the tuition
in the mother tongue and culture of the country of origin , the Member States
shall , where necessary , make use of foreign teachers .
                                 Article
The Member States shall bring into force within three years following
notification of this Directive the laws , regulations and administrative
provisions necessary to comply with the Directive , arid shall forthwith
inform the Commission thereof .
The Member States shall also inform the Commission of all laws , regulations
and administrative or other provisions which they bring into force in the
sphere governed by this Directive .
 ---pagebreak---                                       4                    СОМ(73)390
                                Article 6
The Member States  shall submit to the Commission within four years
following notification of this Directive all useful data to enable the
Commission to report to the Council on the application of the Directive .
                                Article 7
This Directive is addressed to the Iiember States ,