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.

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