The Legal Obligations Of Universities To Protect International Students - A Global Perspective
Author: LawSphereX
Category: General Law
Published:
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THE LEGAL OBLIGATIONS OF UNIVERSITIES TO
PROTECT INTERNATIONAL STUDENTS: A GLOBAL
PERSPECTIVE
Parnika Shirwaikar & Aqsa Husaini, Faculty of Law, Mumbai University
ABSTRACT
This article addresses the growing concerns regarding safety and welfare of international students over the globe and legal obligations of universities towards foreign students. It sheds light on cases wherein the institutions have failed to ensure the safety of its students and further explores various legal provisions in various countries that ensure the protection of international students and investigates the role of International Relations Officers (IROs) in supporting the students, the students’ right to protest in case their concerns are unheard emphasizing on their freedom of speech and expression and significant legal frameworks of the United Nations concerning student safety. The article assesses the widespread issue of exploitation of students on the lines of race, nationality and ethnicity.
It explores vulnerabilities of international students due to hurdles like their temporary visa status, unsafe living conditions, financial instability and bats for the need of stringent laws and better provisions to cater to the vulnerable conditions of international students due to lack legal recourse.
INTRODUCTION:
In February 2024, the unfortunate death on a 20-year-old international student, Prakriti Lamsal from Nepal after prolonged harassment by her 21-year-old boyfriend Advik Srivastava, a student at the same university belonging to an influential family, raised questions about accountability of universities towards safety and protection of international students. Despite repeated complaints and requests from the victim to shed light on the matter, the university failed to take timely action which further fueled the harassment faced by Prakriti. The lack of speedy action by the university led to protests by Nepali students claiming justice. The students were reportedly harassed by the security personnels and ultimately asked to leave the campus and dropped at the railway station. One of the students alleged police brutality towards the protesting students.
In a widely circulated video on the internet, a faculty member was also seen passing disgraceful and racist comments directed towards Nepali students. This led to students staging a demonstration in front of the Indian Embassy in Kathmandu demanding a probe in the given matter. Ultimately, Nepal Embassy intervened by sending two officials to counsel the affected students. Nepal’s PM, Mr. KP Sharma Oli released a statement saying that arrangements had been made for students to either remain in India or return back to Nepal according to their preference. 1 This episode is unfortunately is not isolated. International students all over the globe face extensive challenges concerning their safety including harassment, discrimination, unsafe housing conditions, and even tragic deaths with little or no legal recourse.
These students rely on universities for their visa status and their vulnerabilities are amplified when universities fail to take dedicated measures to ensure student welfare. According to the Ministry of External Affairs of India, more than 600 Indian students have died abroad across 41 countries in the past five years. 2 This paper explores the legal obligations of universities to protect international students, the existing gaps in protections, students' right to protest and the potential legal liabilities of institutions that fail to prevent harassment, discrimination, and unsafe conditions. 1 Times of India, https://timesofindia. indiatimes. com/city/bhubaneswar/suicide-protests-evictions-and-arrestshow-anepali-students-death-sparked-chaos-at-odishas-kiit/articleshow/118383230. cms 2 India Today, https://www. indiatoday.
in/india/story/633-indian-students-died-5-years-abroad-study-canadausministry-of-external-affairs-monsoon-session-lok-sabha-2573264-2024-07-29
THE ROLE OF IRO:
The International Relations Officer (IRO) plays a vital part in protecting the rights of international students. The IRO acts as a liaison between the students, the local authorities and the host institution to make sure that their rights are safeguarded, providing assistance where necessary, and acting as a mediator in the event of any dispute. In the case of Prakriti Lamsal, she approached the IRO to report concerning behaviour by Advik Srivastav. Unfortunately, no action was taken regarding her complaint3. This inaction highlights the institution's failure to protect the rights of international students. As a dedicated unit for student's support, the IRO could have acted upon the situation before it escalated.
RACISM AND HATE SPEECH AGAINST INTERNATIONAL STUDENTS
International students face racism and hate speech in many countries around the world. It remains one of the persistent global issues that affects the lives of the students who travel abroad to pursue education subjecting them to various forms of discrimination that can significantly impact their well-being and academic experiences. Racism against international students can take many forms, from verbal abuse and discriminatory & derogatory slurs to more violent actions such as physical assaults. It also includes linguistic and cultural biases. Such behaviour not only creates an unsafe environment for the students but also hinders their academic performance and overall well-being. A disturbing incident during 2009-10 involved brutal attacks against Indian students in
Melbourne, Australia. The event rattled the local community and received extensive media coverage, particularly in India. The reaction included large-scale protests and concerns over the security of foreign students in Australia. The event led to a sharp decline in the number of enrollments from India, as students who were intending to pursue higher studies abroad reconsidered their plans due to safety concerns.4 Another incident arose during 2019-20 when Iranian students, despite holding valid visas, were detained at US airports upon arrival and subsequently deported. Many condemned this step, 3 The Indian Express, https://indianexpress.com/article/india/batchmate-held-kiit-university-odisha-nepalstudentsuicide-9841359/ 4 Time Magazine, https://time.com/archive/6947928/australia-attacks-on-indian-students-raise-racism-cries/
including the Iranian Ministry of Foreign Affairs, which referred to the expulsions as being 'illegal and racist'.5 There are also instances of Chinese students experiencing racial prejudice in the USA and the UK. They are ridiculed for their accents leading to feelings of inferiority. These deep-seated biases reinforce stereotypes and limit cross-cultural interaction. As per a survey conducted by Thompson Rivers University (TRU), more than 55% of students find it difficult to afford rental accommodation in Canada and the majority of them are from India & China which reflects the prevalent racial discrimination there.6
EXPLOITATIVE LABOUR PRACTICES & ILLEGAL ACTIVITIES
The international students tend to be targeted for exploitative working conditions when abroad. The international students are attracted to other countries with expectations of acquiring valuable skills and experiences. Most of these students are pushed into off-the-books work, where they receive unfavourable treatment and poor working conditions. The financial burden on the students studying abroad is heavy. They usually have to shell out substantial tuition fees. Along with this, they have to meet the cost of living, food, transportation, etc. The normal working hours as per student visa guidelines is 20 hours a week. However, considering their financial vulnerability, international students take up more working hours jobs at minimal wages, sometimes even lower than the legal minimum wage. Furthermore, they fear their visa status might severely impact their future.
Many students are not aware of their rights or do not believe that they have the power or support to stand up for themselves. Because of this, students put up with such abuses because they think they have no other choice than to endure such bad conditions and discrimination in wages to survive economically. For instance, in 2011, foreign students from countries including Nigeria, Ukraine, China, and Romania came to the United States under a well-established State Department summer visa program that allowed them to work for two months and then travel. Around 400 of these international students were put on heavy-lifting and packing duties to put candies onto a fastmoving production line, many of them working at night. However, students reported at a
5 CNN, https://edition.cnn.com/2020/01/31/us/iranian-students-deported/index.html
6 The Economic Times, https://economictimes.indiatimes.com/nri/study/over-half-of-the-internationalstudentsstruggle-with-housing-in-canada/articleshow/117906229.cms?from=mdr
rally in front of the big packing plant that after taking deductions for program charges and rent, many were being paid much less than they needed to pay back the money they had spent in their own countries to secure their visas. They had gone on strike, saying that a summer program meant to foster cultural exchange had instead reduced them to underpaid workers. 7 In an anonymous online survey organized by the Irish Council for International Students (ICOS), it emerged that there was a disturbing trend related to the accommodation experience of international students in Ireland. The survey revealed that five per cent of female respondents reported accounts of being offered a room to stay in exchange of sexual favours. In a few cases, the women came across advertisements that overtly offer such arrangements, reflecting a sinister trend in the housing market.
This startling fact not only highlights the risky positions that these students find themselves in but also creates some important questions regarding their security and well-being in general while living overseas. 8
ISSUES FACED BY INTERNATIONAL STUDENTS DUE TO THEIR FOREIGN
IDENTITY:
In 2005, a class action grievance was filed by the Graduate Employees and Students Organization (GESO), an international student body at the Yale University. The GESO accused Yale faculty members of exploiting Chinese international graduate students on the basis of their nationality. The faculty was also accused of overburdening Chinese research students with extra work and threatening their visa status. 9 This case sheds light on a crucial issue which is the power disparity that international students experience due to their dependency on universities to maintain their legal status. The fear of recrimination, including the loss of their visa and subsequently deportation, often prevents students from seeking help which further aggravates their vulnerability.
Similarly, according to a 2019 UNSW Human Rights Clinic report titled “No Place Like Home: Addressing Exploitation of International Students in Sydney’s Housing Market”10, examined
7 The New York Times, https://www.nytimes.com/2011/08/18/us/18immig.html
8 The Irish Times, https://www.irishtimes.com/ireland/housing-planning/2025/02/19/alarming-incidence-of-sexforrent-advertisements-survey-of-international-students-finds/
9 New Haven Register, https://www.nhregister.com/news/article/Chinese-students-at-Yale-air-gripes-
11644905.php
10 ResearchGate,
https://www.researchgate.net/publication/340439437_Living_Precariously_Understanding_International_Studen ts '_Housing_Experiences_in_Australia
a wide range of problems encountered by international students in regards to housing and accommodation. One of the major issues faced by international students in the New South Wales was landlords withholding most or all of the housing bonds despite state tenancy laws making it mandatory, most of the students do not receive a receipt for bond or other money paid and have no proof of payment. Students also face unfair eviction without a proper notice and evicted students are often unable to find an emergency accommodation. International students also face overcrowded housing crisis as landlords move in people without the consent of the tenants. Students also reported to have encountered intimidating behaviour, bullying and sexual harassment from the landlords.
This study brought attention to the responsibilities of universities to ensure not only the quality of education but also the overall welfare of international students.
LEGAL PROTECTIONS FOR INTERNATIONAL STUDENTS ACROSS DIFFERENT
COUNTRIES:
Australia Legal provisions for international students vary vastly across different countries. International students in Australia are protected by laws like the Education Services for Overseas Students (ESOS) Act, 200011 and the National Code of Practice for Providers of Education and Training to Overseas Students, 201812. It contains various regulations focusing on financial rights, work permits and general welfare of international students. It mandates the universities to promote an environment of quality education for the international students. India Indian universities are required to comply with the regulations under University Grants Commission (UGC) and the Ministry of External Affairs, however, there are no special laws to ensure the safety and protection of international students and enlist the duties and responsibilities of the universities.
11 Australian Government Department of Education, https://www.education.gov.au/esos-framework
12 Australian Government Department of Education, https://www.education.gov.au/esos-framework/nationalcodepractice-providers-education-and-training-overseas-students-2018
The United States In the United States, several legal frameworks provide protections for international students facing harassment, discrimination, and unsafe conditions. • Title IV of the Civil Rights Act of 196413 desegregates public schools. Complaints can be made to attorney general and the district court can be approached if schools fail to abide by the law in this matter. In the case of Brown v. Board of Education (1954)14, the US supreme court ruled that racial segregation in schools violated the fourteenth amendment of the US Constitution that prohibits denial of equal protection on laws to any person in their jurisdiction. • Title VI of the Civil Rights Act of 196415 prohibits discrimination in federally assisted programs on the basis of race, color, or national origin.
It ensures that discrimination on the basis of race is addressed and that educational institutions maintain an inclusive environment for all students regardless of their background. Lau v. Nichols (1974) 16revolved around a public school in San Francisco that received federal aid to provide English speaking courses to non-English speaking students. The school failed to provide courses or other adequate instructional procedures to around 1800 students on Chinese origin. The US Supreme court ruled that this violated the Title VI of the Civil Rights Act by denying the students meaningful opportunity to participate in public education. • Title IX of the Education Amendments of 197217 prohibits discrimination on the basis of sex and directs the institutions to investigate and take stringent action against incidents of sexual misconduct.
Students who encounter harassment based on sex are protected under Title IX, irrespective of their national or racial identity. In the case of Davis v. Monroe County Board of Education (1999),18 LaShonda Davis, a fifth grader in Monroe County, Georgia, faced sexual harassment over a period of six months. A
13 National Archive, https://www.archives.gov/milestone-documents/civil-rights-act
14 Britannica, https://www.britannica.com/event/Brown-v-Board-of-Education-of-Topeka
15 U.S. Department of labour, https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rights-actof1964
16 Britannica, https://www.britannica.com/topic/Lau-v-Nichols
17 Civil Rights Decision department of justice, https://www.justice.gov/crt/title-ix
18 Britannica, https://www.britannica.com/topic/Davis-v-Monroe-County-Board-of-Education
classmate allegedly sexually harassed Davis. She repeatedly complained about the situation to her teachers, and her mother called the principal to ensure her daughter’s safety. The requests for protection went unheard and no disciplinary action was taken. Davis approached the court and the US Supreme Court ruled that educational institutions could be held liable for failing to address sexual harassment. The Franklin v. Gwinnett County Public Schools (1992)19 case further strengthened Title IX’s enforcement, ruling that penal damages should be awarded when it is proven that an institution failed to comply to Title IX. • The Clery Act20, is an important aspect of the US legislation which improves transparency around campus crime policies and statistics.
Colleges and universities that receive federal funding must provide an annual security report (ASR) comprising of crime statistics, safety policies, and efforts to improve campus safety. The Clery Act also ensures that victims have access to necessary resources such as counseling, legal services, and relocation assistance.
THE RIGHT TO PROTEST:
International students often take to protest when their concerns are ignored, as seen in the case of Prakriti Lamsal. The right to protest is a fundamental right in most of the democratic countries around the globe. The United States For instance, in the case of Tinker v. Des Moines Independent Community School District (1969),21 the US Supreme Court affirmed that students do not lose their First Amendment right to freedom of speech when they step onto the school property. The Court ruled that the school could not suppress the students’ right to freedom of speech unless it disrupted the learning process.
19 Justia U.S supreme Court, https://supreme.justia.com/cases/federal/us/503/60/
20 Clery Center, https://www.clerycenter.org/thecleryact#:~:text=The%20Clery%20Act%20is%20a,to%20actively%20foster%20campus%20safety.
21 Oyez, https://www.oyez.org/cases/1968/21
The United Kingdom In the UK, Section 43 of the Education (No 2) Act 1986 22 mandates universities to take “reasonably practicable” steps to ensure freedom of speech on campus. The Higher Education (Freedom of Speech) Act 2023 also requires them to promote freedom of speech.
LEGAL FRAMEWORKS OF THE UN:
According to the United Nations, international students have fundamental rights based on the Universal Declaration of Human Rights. It includes the right to education without discrimination, the right to quality education, freedom of expression, freedom of religion, and the right to be treated equally irrespective of nationality. 23 These provisions are strengthened by the International Covenant on Economic, Social and Cultural Rights (ICESCR), which establishes the fundamental right to education for everyone, including international students. 24 It is an important instrument to reiterate the right to education as a universal and inalienable right which should not be discriminated against on the grounds of nationality, race or ethnicity.
These conventions and guidelines play a significant role in safeguarding the rights of international students and ensuring equal opportunities for education across the world.
CONCLUSION:
The tragic case of Prakriti Lamsal, along with other incidents mentioned, highlights the institutional failures in protecting the rights of international students. These cases expose the vulnerabilities they face. The mistreatment they face is deeply unjust. Despite all the legal frameworks, these students are subjected to problems such as harassment, discrimination, and exploitation. Unfortunately, many such incidents go unnoticed and unacknowledged. This makes it ineffective when trying to bring about change. Universities must pay utmost attention to the establishment of a robust mechanism to address these issues. There is a necessity for radical reform to protect the rights of international
22 Legislation.gov.uk, https://www.legislation.gov.uk/ukpga/1986/61/section/43
23 Universal Declaration of Human Rights, G.A. Res. 217A (III) (Dec. 10, 1948)
24 Int'l Covenant on Economic, Social and Cultural Rights, opened for signature Dec. 16, 1966, 993 U.N.T.S. 3 (entered into force Jan. 3, 1976)
students. Universities need not only to conform but also comply with the legal structures. Support services need to be made available and also marketed to make the students aware of their rights and what support services are offered to them. Training must be given to the university staff in cultural sensitivity and international students' needs. This can assist in making the environment more inclusive and secure for them. Universities must have wellestablished procedures for reporting unfair incidents and specialized support programs that are specifically designed for international students' needs. Universities can collaborate with the student organizations to understand and work on solving the problems that occur within the international student community.
In addition, building support groups among peers can enable students to share their perspectives as well as establish a feeling of belonging. Mentorship programs that bring international students and local students or educators together can bridge cultural gaps, bringing guidance and assistance throughout their academic experience. Policies that advocate safeguarding the rights of international students must be promoted. A pledge to guarantee the safety and dignity of all students, irrespective of their background, is not only a regulatory obligation but a moral responsibility that upholds the values of equity and justice within the educational institutions.