A/HRC/39/CRP.2
(supposedly for security concerns) and she must speak Myanmar language or Rakhine. As
only very few Muslim women speak these languages, families must hire female translators
to do this (which is an additional financial burden) or decide not to hire anyone, meaning that
the patient is left on his or her own at the hospital.
554. In some instances, delays in treating Rohingya patients in health facilities have led to
preventable deaths.1189 A Rohingya NGO worker shared her experience at Buthidaung
hospital:
One day, I went to Buthidaung hospital with an eight-year-old boy who was
unconscious. In the registration room they said: “We have a lot of patients, we can’t
do anything for this boy now. Go and sit there. Why are you coming to ask us?” The
nurses prioritised a Rakhine patient. I had to wait 30 minutes and the boy died. This
happened to me with three patients in total. They were all children. 1190
555. Communication and language issues fuel pervasive and damaging misinformation and
rumours regarding the treatment of Rohingya in government hospitals and facilities. Many
Rohingya believe that, beyond neglect and discriminatory treatment, they actually face the
danger of being killed by medical staff if they go to a hospital. 1191 One interviewee told the
Mission that, following the 2012 violence, “The hospital people started killing
Rohingyas”.1192 Belief in these rumours has resulted in people limiting or delaying seeking
medical treatment, including in emergency situations. One researcher explained that “in
many cases people were to die of preventable disease as a result of not seeking healthcare,
because of a steadfast belief in the veracity of these rumours”. 1193 The rumours are also
fuelled by the simple fact that, given the delays in reaching medical facilities - because of
restrictions on freedom of movement and other restrictions - patients often reach the hospital
when they are already in critical condition.
(c)
Restrictions on access to education
Legal framework and overview
556. The right to education is protected by article 26 UDHR, article 13 ICESCR and article
28 CRC. According to these provisions, primary education should be “compulsory and
available free to all”, secondary education should be “made generally available and
accessible to all” and higher education should be “made equally accessible to all, on the basis
of capacity”. The right to education is an “empowerment right”. It is “the primary vehicle by
which economically and socially marginalized adults and children can lift themselves out of
poverty and obtain the means to participate fully in their communities”. 1194
557. One key element of the right to education is the prohibition against any form of
discrimination. This prohibition “applies fully and immediately to all aspects of education
and encompasses all international prohibited grounds of discrimination”. The principle of
non-discrimination extends to “all persons of school age residing in the territory of a State
party, including non-nationals, and irrespective of their legal status”. 1195
558. Through its discriminatory policies and practices, the Government of Myanmar
violates the right to education of Rohingya children and youth at the primary, secondary and
higher education levels. Rohingya interviewees repeatedly described to the Mission how they
1189
1190
1191
1192
1193
1194
1195
132
CI-173, DI-038.
DI-038.
CI-073, CI-080, CI-089, CI-174, DI-009, DI-046, DI-053, DI-054.
CI-080.
K-120.
United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 13: The
right to education (Art. 13), 8 December 1999, E/C.12/1999/10, para. 1.
Ibid, para. 31 and 34. See also art. 2 CRC and art. 3(e) of the UNESCO Convention against
Discrimination in Education.