Massive migration flows are less and less “temporary” crises that may be readily solved, and more so an ongoing reality that is here to stay for a long time, with an enormous impact on the education, health and wellbeing of children and youth around the world. Prior to the war between Ukraine and Russia, which pushed around 8 million Ukrainians out of their country, there was a similar movement of people in South America. In 2015, more than 7 million Venezuelans began leaving their country, largely remaining in neighboring countries as undocumented migrants (a majority) and refugees (a small share) (R4V, 2023).

About 5.4 million children, mostly from Venezuela and Colombia, remain displaced across South America. Ecuador, a country of 17 million people, hosts the highest number of recognized refugees in Latin America (72,229) (Integral Human Development, 2023) and has given about 200,000 migrants permission to stay (if only temporarily). Out of more than 4.3 million school students in the country, almost 2% (80,074) are not Ecuadorian nationals. The high number of Venezuelan students indicates that at least 70% have recently arrived.

While the Ecuadorian legal framework guarantees equal rights before the law for all inhabitants, both migrants and locals (Ecuadorian Government, 2008), some legal loopholes were used to prioritize citizens during the pandemic. For instance, migrants were originally relegated to the end of the Covid vaccination queue (phase three) and were left out of government cash transfers to the most impoverished people. Concurrently, regardless of migration status, children have maintained their right to be enrolled at school. After the pandemic, further provisions were made so children could be enrolled at any moment during the school year, which was not previously allowed.

In Ecuador, the “best interest of the child” (UNHCR, 2006; Kalverboer et al, 2017) has been used to advocate for the nationalization of children regardless of foreign or local nationality, privileging the right to national identity. Similarly, family reunification is a priority for refugees in the country. At the same time, United Nations guidelines (UNHCR, 2021) on the “best interest of the child”, for example, privilege completion of the school year over child reunification. A human rights approach demands to explicitly include children's rights in policy, regulations and decision making. This paper examines the concept of the “best interest of the child” in policies and perspectives of decision makers regarding migrant children’s access to schooling in Ecuador, as means to their wellbeing.

As a pillar of social justice, human rights implicate the reduction and elimination of inequalities based on nationality or migration status and the promotion of inclusivity. Respecting human rights involves addressing social, economic, legal and political determinants of health, for which schools may provide an ideal setting (Barry et al 2017) through approaches and programs giving attention to the unique conditions of displaced or migrant children. Based on interviews and focus groups with government officials and representatives of migrant community associations, this study applied thematic analysis to understand the perspectives on health and wellbeing in the school setting through the prism of human rights (OHCHR & Global Migration Group, 2018). In addition, the study conducted a document review of the legal instruments and norms guiding the inclusion of children and youth in the school system in Ecuador and, furthermore, the social protection provisions for children who cannot claim a nationality.

Having the right to schooling, including enrollment, is not a given for migrant children in many countries around the world, even though exclusion is known to further exacerbate the trauma of displacement. In Ecuador, securing a spot in school for migrant children still may not position them to benefit from access to education as a means to health and wellbeing. Since migrant and refugee children likely lack many essentials for success (from school supplies and mandatory uniforms, to housing, food, and safety, among others), a more comprehensive human rights approach is needed to guide educational responses to better serve, as one government official said in an interview, “the most vulnerable of the vulnerable”.

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