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Committee on the Rights of Persons with Disabilities
General comment No. 4 (2016)
Article 24: Right to inclusive education
1 INTRODUCTION
1 Historically viewed as welfare recipients,
persons with disabilities are now recognised under
international law as right-holders, with a claim to the right to education
without discrimination and on the basis of equal opportunities. The United
Nations Convention on the Rights of the Child (CRC, 1989), the World
Declaration on Education for All (1990), the United Nations Standard Rules on
Equalization of Opportunities for Persons with Disabilities (1993), and the
Salamanca Declaration and Framework for Action (1994) all embody measures
testifying to the growing awareness and understanding of the right of persons
with disabilities to education.
2 Recognition of inclusion as the key to
achieving the right to education has strengthened over the past 30 years, and
is enshrined in the Convention on the Rights of Persons with Disabilities
(herein after: the Convention), the first legally binding instrument to contain
a reference to the concept of quality inclusive education. Sustainable
Development Goal (SDG) 4 also affirms inclusive quality and equitable
education. Inclusive education is central to achieving
high quality education for all learners, including those with disabilities, and
for the development of inclusive, peaceful and fair societies. Furthermore, there is a powerful educational, social, and economic case to be made. The OHCHR
Thematic Study of the Rights of Persons with Disabilities to Education (2013)
affirms that only inclusive education can provide both quality education and
social development for persons with disabilities, and a guarantee of universality
and non-discrimination in the right to education.[1]
3 However,
despite progress achieved, the Committee on the Rights of Persons with
Disabilities (herein after: the Committee) is concerned that profound
challenges persist. Many millions of persons with disabilities continue to be
denied a right to education, and for many more, education is available only in
settings where they are isolated from their peers and receive an inferior
quality of provision.
4 Barriers that
impede access to inclusive education for persons with disabilities can be
attributed to multiple factors, including:
a)
the failure to
understand or implement the human rights
model of disability, in which barriers within the community and society, rather
than personal impairments, exclude persons with disabilities;
b)
persistent discrimination
against persons with disabilities, compounded by the isolation of those still
living in long-term residential institutions, and low expectations about those
in mainstream settings, allowing prejudices and fear to escalate and remain
unchallenged;
c)
lack of knowledge about the nature and advantages of
inclusive and quality education, and diversity, including regarding
competitiveness, in learning for all; lack of outreach to all parents and lack
of appropriate responses to support requirements, leading to misplaced fears, and
stereotypes, that inclusion will cause a deterioration in the quality of
education, or otherwise impact negatively on others;
d)
lack of disaggregated
data and research, necessary for accountability and program development, impeding the development of effective policies and interventions to
promote inclusive and quality education;
e)
lack of political
will, technical knowledge, and capacity in implementing the right to inclusive education
including insufficient education of all teaching staff;
f)
inappropriate and
inadequate funding mechanisms to provide incentives and reasonable
accommodations for inclusion of students with disabilities, inter-ministerial
coordination, support and sustainability;
g)
lack of legal
remedies and mechanisms to claim redress for violations.
5 States
parties must have regard for the underlying general principles of the
Convention in all measures undertaken to implement inclusive education and must
ensure that both the process and outcomes of developing an inclusive education
system comply with article 3.
6 The General
Comment is applicable to all persons with actual or perceived disabilities.[2] The Committee recognizes that some groups are more at risk of
exclusion from education than others, such as: persons with intellectual
disabilities or multiple disabilities, persons who are deafblind, persons with
autism or persons with disabilities in humanitarian emergencies.
7 Consistent with Article 4, paragraph
3, States parties must consult with and actively involve persons
with disabilities, including children with disabilities, through their representative
organisations (OPDs), in all aspects of planning, implementation, monitoring and evaluation of
inclusive education policies. Persons with disabilities and, when appropriate, their families, must be
recognised as partners and not merely recipients of education.
2 NORMATIVE CONTENT OF ARTICLE 24
8 According to article 24, paragraph 1,
States parties must ensure the
realization of the right of persons with disabilities to education through an
inclusive education system at all levels, including pre-schools, primary, secondary and
tertiary education, vocational training and lifelong learning, extracurricular
and social activities, and for all students, including persons with
disabilities, without discrimination and on equal terms with others.
9 The right to inclusive education encompasses a
transformation in culture, policy and practice in all formal and informal
educational environments to accommodate the differing requirements and
identities of individual students, together with a commitment to remove the
barriers that impede that possibility. It involves strengthening the capacity of the education
system to reach out to all learners. It focuses on the full and effective participation, accessibility,
attendance and achievement of all students, especially those who, for different
reasons, are excluded or at risk of being marginalized. Inclusion involves
access to and progress in high-quality formal and informal education without discrimination. It seeks
to enable communities, systems and structures to combat discrimination,
including harmful stereotypes, recognize diversity, promote participation and
overcome barriers to learning and participation for all by focusing on
well-being and success of students with disabilities. It requires an in-depth transformation
of education systems in legislation, policy,
and the mechanisms for financing, administration, design, delivery and
monitoring of education.
10 Inclusive education is to be understood
as:
a)
A fundamental human right of all learners.
Notably, education is the right of the individual learner, and
not, in the case of children, the right of a parent or caregiver. Parental
responsibilities in this regard are subordinate to the rights of the child.
b)
A principle that
values the well-being of all students, respects their inherent dignity and
autonomy, acknowledges individual requirements and ability to effectively be
included in and contribute to society.
c)
A
means of realizing other human rights. It is the
primary means by which persons with disabilities can lift themselves out of
poverty, obtain the means to participate fully in their communities, and be
safeguarded from exploitation.[3] It is also
the primary means through which to achieve inclusive societies.
d)
the result of a process of continuing and pro-active
commitment to eliminate barriers impeding the right to education,
together with changes to culture, policy and practice of regular schools to
accommodate and effectively include all students.
11 The Committee
highlights the importance of recognising the differences between exclusion,
segregation, integration and inclusion. Exclusion
occurs when students are directly or indirectly prevented from or denied access
to education in any form. Segregation occurs
when the education of students with disabilities is provided in separate
environments designed or used to respond to a particular or various
impairments, in isolation from students without disabilities. Integration is
a process of placing persons with disabilities in existing mainstream educational
institutions, as long as the former can adjust to the standardized requirements
of such institutions.[4] Inclusion involves a process of systemic
reform embodying changes and modifications in content, teaching methods,
approaches, structures and strategies in education to overcome barriers with a
vision serving to provide all students of the relevant age range with an
equitable and participatory learning experience and environment that best
corresponds to their requirements and preferences. Placing
students with disabilities within mainstream classes without accompanying
structural changes to, for example, organisation, curriculum and teaching and learning strategies,
does not constitute inclusion. Furthermore, integration does not automatically
guarantee the transition from segregation to
inclusion.
12 The core features of
inclusive education are:
a)
Whole systems approach: education ministries must
ensure that all resources are invested toward advancing inclusive education,
and toward introducing and embedding the necessary changes in institutional
culture, policies and practices.
b) Whole educational
environment: the committed leadership of educational institutions is essential
to introduce and embed the culture, policies and practices to achieve inclusive
education at all levels: classroom teaching and relationships, board meetings,
teacher supervision, counselling services and medical care, school trips,
budgetary allocations and any interface with parents of learners with and
without disability when applicable, the local community or wider public.
c)
Whole person approach: recognition is given to the capacity of every person
to learn, and high expectations are established for all learners, including
learners with disabilities. Inclusive education offers flexible
curricula, teaching and learning methods adapted to different
strengths, requirements and
learning styles. This
approach implies the provision of support and reasonable accommodation and
early intervention so that they are able to fulfil their potential. The
focus
is on learners’ capacities and aspirations rather than content when planning
teaching activities. It commits to ending segregation within educational
settings by ensuring inclusive classroom teaching in accessible learning
environments with appropriate supports. The education system must
provide a personalized educational response, rather than expecting the student
to fit the system.
d)
Supported
teachers: All teachers and
other staff receive education
and training giving them
the core values and competencies to accommodate
inclusive learning environments, which include teachers
with disabilities. The inclusive culture provides an accessible and supportive
environment which encourages working through
collaboration, interaction and problem-solving.
e)
Respect for and value of diversity: All members of the learning community are
welcomed equally, with respect for diversity according to, inter alia,
disability, race, colour, sex,
language, linguistic culture, religion, political or other opinion, national,
ethnic, indigenous or social origin, property, birth, age or other status. All
students must feel valued, respected, included and listened to. Effective
measures to prevent abuse and bullying are in place. Inclusion takes an
individual approach to students.
f) Learning-friendly environment: Inclusive learning environments must
create an accessible environment where everyone feels safe, supported, stimulated
and able to express themselves, with a strong emphasis on involving students
themselves in building a positive school community.
Recognition is afforded to the peer group in learning, building positive relationships,
friendships and acceptance.
g) Effective transitions: Learners with disabilities receive the support to ensure the
effective transition from learning at school to
vocational and tertiary education, and finally to work. Learners’ capacities and confidence
are developed and learners
receive reasonable accommodation and equality regarding assessment and
examination procedures, and certification of their capacities
and attainments on an equal basis with others.
h)
Recognition of partnerships. Teacher associations,
student associations and federations and OPDs, school boards, parent-teacher
associations, and other functioning school support groups, both formal and
informal, are all encouraged to increase their understanding and knowledge of
disability. Involvement of parents/caregivers and the community
must be viewed as assets with resources and strengths to contribute. The relationship between
the learning environment and the wider community must be recognized as a route
towards inclusive societies.
i)
Monitoring: As a continuing process, inclusive
education must be monitored and evaluated on a regular basis to ensure that
segregation or integration is not happening either
formally or informally. Monitoring, according to article 33, should involve
persons with disabilities, including children and persons with intensive
support requirements, through OPDs, as well as parents or caregivers of children
with disabilities where appropriate. Disability-inclusive indicators must be
developed and used consistent with the 2030 Agenda for Sustainable Development.
13 Consistent with the UNESCO Convention
against Discrimination in Education, paragraph 1 affirms that the right to
education must be assured without discrimination and on the basis of equality
of opportunity. States parties must prohibit all discrimination on the basis of
disability and guarantee to all persons with disabilities equal and effective
protection against discrimination on all grounds. Persons with disabilities can
experience intersectional discrimination based on disability, gender, religion,
legal status, ethnic origin, age, sexual orientation or language. Additionally,
parents, siblings, and other relatives can also experience discrimination on
grounds of disability by association. The measures needed to address all forms
of discrimination include identifying and removing legal, physical,
communication and language, social, financial and attitudinal barriers within
the educational institutions and the community. The right to non-discrimination
includes the right not to be segregated and to be provided with reasonable
accommodation and must be understood in the context of the duty to provide
accessible learning environments and reasonable accommodation.
14 Situations of armed conflict,
humanitarian emergencies and natural disasters disproportionately impact the
right to inclusive education. States parties should adopt inclusive Disaster
Risk Reduction strategies for comprehensive school safety and security in
emergencies, which are sensitive to learners with disabilities. Temporary
learning environments in such contexts must ensure the right of persons, and
particularly children, with disabilities to education on the basis of equality
with others. This includes accessible educational materials, school facilities,
counselling, or access to training in local sign language for deaf learners. According
to Article 11, and recognizing the heightened risk of sexual violence in such
settings, measures must be taken to ensure that learning environments are safe
and accessible for women and girls with disabilities. Learners with
disabilities must not be denied access to educational establishments on the
basis that their evacuation in emergency situations would be impossible, and
reasonable accommodation must be provided.
15 Article
24, paragraph 1 (a) reiterates the aims of education in line with the Universal
Declaration of Human Rights, the International Covenant on Economic, Social and
Cultural Rights (ICESCR), and the CRC, that education must be directed to the
full development of the human potential and sense of dignity and self-worth,
strengthening of respect for human rights and human diversity.States parties must ensure that education conforms to the aims and
objectives of ICESCR as interpreted in the light of the World Declaration on
Education for All (Jomtien, Thailand, 1990) (art. 1), the CRC (art. 29 (1)),
the Vienna Declaration and Programme of Action (Part I, para. 33 and Part II,
para. 80), and the Plan of Action for the United Nations Decade for Human
Rights Education (para. 2). These
include additional elements such as references to gender equality and respect
for the environment.[5] The
right to education is a matter of access as well as content, and should be
directed to a wide range of values, including understanding and tolerance.[6] Inclusive
education must aim at promoting mutual respect and value for all persons and at
building educational environments in which the approach to learning, the
culture of the educational institution, and the curriculum itself, reflect the
value of diversity.
16 According
to article 24, paragraph 1(b) education should be directed to the development
of the personality, talents and creativity of persons with disabilities as well
as their mental, physical and communicational abilities to the fullest
potential. The education of persons with disabilities too often focuses on a
deficit approach, on their actual or perceived impairment and limiting
opportunities to pre-defined and negative assumptions of their potential.
States parties must support the creation of opportunities to build on the
unique strengths and talents of each individual with a disability.
17 According
to Article 24, paragraph 1(c) the aims of education must be directed towards
enabling persons with disabilities to participate fully and effectively in a
free society. Article 23 of the CRC stresses that, regarding children with
disabilities, assistance must be provided to ensure that they have ‘effective access to …..education… in a
manner conducive to achieving the fullest possible social integration and
individual development.’ States
parties must recognise that individual support and reasonable accommodation are priority matters and
should be free of charge at all compulsory levels of education.
18 Paragraph
2 (a) prohibits the exclusion of persons with disabilities from the general
education system, including any legislative or regulatory provisions that limit
their inclusion on the basis of their impairment or its “degree”, such as by conditioning their inclusion “to the extent of the potential of the
individual”, or by alleging a disproportionate and undue burden to evade
the obligation to provide reasonable accommodation. General education means all
regular learning environments and the education department. Direct exclusion
would be to classify certain students as ‘non-educable’,
and thereby ineligible for access to education. Non-direct exclusion would be the requirement to pass a common
test as a condition for school entry without reasonable accommodations and
support. In line with Article 4 (b), all legislation and policy must be
reviewed to ensure that it is not discriminatory for persons with disabilities
and in violation of Article 24, and where necessary repealed or amended in a
systematic and time-bound manner.
19 Paragraph 2 (b) requires
that persons with disabilities can access inclusive, quality and free primary
and secondary education and ensure a smooth transition between the two on an
equal basis with others in the communities where they live. The Committee draws
on the interpretation by the Committee on Economic, Social and Cultural Rights
(CESCR) that to fulfil this obligation, the education system must comprise the
four following interrelated features.[7]
20 Availability:
Public and private educational institutions and programmes must be available in
sufficient quantity and quality. States parties must guarantee a broad
availability of educational places for learners with disabilities at all levels
throughout the community.
21 Accessibility
– consistent with article 9 of the Convention, and with the Committee’s General
Comment No. 2, educational institutions and programmes must be accessible to
everyone, without discrimination. The entire education system must be accessible,
including buildings, information and communication, comprising ambient or frequency modulation assistive systems,
curriculum, education materials, teaching methods,
assessment and language and support services. The
environment of students with disabilities must be designed to foster inclusion
and guarantee their equality throughout their education,[8] for example,
school transport, which should be inclusive, accessible and safe; water and
sanitation facilities, including hygiene and toilet facilities; school
cafeterias; and recreational spaces. States parties must commit to the prompt
introduction of Universal Design. States parties should prohibit and sanction the
building of any future education infrastructures that are inaccessible,
together with establishing an efficient monitoring mechanism and time frame for
all existing education environments to be rendered accessible. States parties
must also commit to the provision of reasonable accommodation in educational
environments when so required. The Universal Design approach does not exclude
the provision of assistive devices, applications, and software to those
learners with disabilities who may require them. Accessibility is a dynamic
concept and its application requires periodic regulatory and technical
adjustments. States parties must ensure that the rapid development of
innovations and new technologies designed to enhance learning are accessible to
all students, including those with disabilities.
22 The
Committee highlights the widespread lack of textbooks and learning materials in
accessible formats and languages, including sign language. States parties must
invest in the timely development of resources in ink or Braille, and digital
formats, including through the use of innovative technology. They should also consider
developing standards and guidelines for the conversion of printed material into
accessible formats and languages, and making accessibility a central aspect of
education-related procurement. The Committee recalls the urgency of ratifying
and implementing the Marrakesh Treaty to Facilitate Access to Published Works
for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.
23 Accessibility
requires that education at all levels be affordable for students with
disabilities. Reasonable accommodation should not entail additional costs for
learners with disabilities. Compulsory, quality, free and accessible primary
education is an immediate obligation. In line with the 2030 Agenda for Sustainable
Development, States parties must progressively adopt measures to ensure that
all children, including children with disabilities, complete free, equitable
and quality secondary education, and to ensure equal access for all women and
men with disabilities to affordable and quality technical, vocational and
tertiary education, including university, and life-long learning. States parties must ensure that persons with
disabilities are able to access education in both public and private academic
institutions on an equal basis with others.
24 Acceptability
is the obligation to design and implement all education-related facilities, goods and services taking full account of
and respecting the requirements, cultures, views and languages of persons with
disabilities. The form and substance of education provided must be
acceptable for all. States parties must adopt affirmative action measures to ensure that education
is of good quality for all.[9] Inclusion and quality are reciprocal: an
inclusive approach can makes a significant contribution to the quality of
education.
25 Adaptability -
the Committee encourages States parties to apply the Universal Design for
Learning (UDL) approach. UDL is a set of principles, providing teachers and other staff with a structure to create adaptable
learning environments and develop instruction to meet the
diverse needs of all learners. It recognizes that each student learns in a
unique manner and involves developing flexible ways to learn: creating an engaging
classroom environment; maintaining high expectations for all students, while
allowing multiple ways to meet expectations; empowering
teachers to think differently about their own teaching; and focusing on educational outcomes for all,
including those with disabilities. Curricula must be
conceived, designed and applied to meet and adjust to the requirements of every
student, and providing appropriate educational responses. Standardised
assessments must be replaced by flexible and multiple forms of assessments and
recognition of individual progress towards broad goals that provide alternative
routes for learning.
26 Paragraph 2(b)
also requires that persons with disabilities are able to attend primary and
secondary schools within the communities where they live. Students should not
be sent away from home. The educational environment must be within safe
physical reach for persons with disabilities, including safe and secure
transport, or accessible via information communication technology. However, States parties should avoid relying
exclusively on technology as a substitute for direct involvement of students
with disabilities and interaction with teachers and role models within the
educational environment itself. Active participation with other students,
including siblings of learners with disabilities, is an important component of
the right to inclusive education.
27 Paragraph 2 (c) requires States parties
to provide reasonable accommodation, for individual students to enable them to
access an education on an equal basis with others. “Reasonableness” is understood as the result of a contextual
test that involves an analysis of the relevance and the effectiveness of the
accommodation, and the expected goal of countering discrimination. The
availability of resources and financial implications is recognized when
assessing disproportionate burden. The duty to provide reasonable
accommodation is enforceable from the moment it is requested.[10] Policies that commit to reasonable
accommodation must be adopted at national, local and education institution
levels, and at all levels of education. The
extent to which reasonable accommodation is provided must be considered in
light of the overall obligation to develop an inclusive education system,
maximising the use of existing resources and developing new ones. Using the
lack of resources and financial crises as justification for failure to make
progress towards inclusive education violates article 24.
28 The
Committee reiterates the distinction between the general accessibility duty and
the obligation to provide reasonable accommodation.[11]
Accessibility benefits groups of the population and is based on a set of
standards that are implemented gradually. Disproportionality or undue burden
cannot be claimed to defend the failure to provide accessibility. Reasonable
accommodation relates to an individual and is complementary to the
accessibility duty. An individual can legitimately request reasonable
accommodation measures even if the State party has fulfilled its accessibility
duty.
29 The definition of what is proportionate will necessarily vary according
to context. Availability of accommodations should be considered with respect to
a larger pool of educational resources available in the education system, and
not limited to resources available at the academic institution in question;
transfer of resources within the system should be possible. There is no “one
size fits all” formula to reasonable accommodation, and different students with
the same impairment may require different accommodations. Accommodations may
include changing the location of a class, providing different forms of
in-class communication, enlarging print, materials and/or subjects in sign, or
providing all handouts in an alternative format, providing students with a
note-taker, or a language interpreter or allowing students to use assistive
technology in learning and assessment situations. Provision of non-material
accommodations, such as allowing a student more time, reducing levels of
background noise, sensitivity to sensory overload, alternative evaluation
methods or replacing an element of curriculum by an alternative element, must
also be considered. Discussions between the educational authorities and providers, the academic institution, the
student with a disability, and depending on the student’s age and capacity, if
appropriate, their parents/caregivers and/or family members must take place to
ensure that the accommodation meets the requirements, will, preferences and choices
of the student and can be implemented by the institution provider. Provision of
reasonable accommodation may not be conditional on a medical diagnosis of
impairment and should be based instead on the evaluation of social barriers to
education.
30 The denial of reasonable accommodation
constitutes discrimination and the duty to provide reasonable accommodation is
immediately applicable and not subject to progressive realization. States parties must ensure that independent systems are in place to monitor the appropriateness and effectiveness of
accommodations, and provide safe, timely, and accessible mechanisms for redress
when students with disabilities, and if relevant, their families, consider that
they have not been adequately provided or have experienced discrimination. Measures to protect victims of discrimination
against victimization during the redress process are essential.
31 Paragraph
2 (d) affirms that students with disabilities are entitled to the support they
require to facilitate their effective education and enable them to fulfil their
potential on an equal basis with others. Support in terms of general
availability of services and facilities within the education system should
ensure that students with disabilities are able to fulfil their potential to
the maximum extent possible, including, for example, the provision of
sufficient trained and supported teaching staff, school counsellors,
psychologists, and other relevant health and social service professionals, as
well as access to scholarships and financial resources.
32 Paragraph 2
(e) requires that adequate continuous personalised support is provided
directly. The Committee emphasizes the necessity for the provision of
individualised education plans, which can identify the reasonable
accommodations and specific support required for an individual student, including
the provision of assistive compensatory aids, specific learning materials in
alternative/accessible formats, modes and means of communication, and communication
aids and assistive and information technology. Support can also consist of a
qualified learning support assistant, either shared or on a one-to-one basis,
depending on the requirements of the student. Individualized education plans
must address the transitions experienced by the learners from segregated
settings and between levels of education. Effectiveness of these plans should
be regularly monitored and evaluated with the direct involvement of the learner
concerned. The nature of provision must be determined in collaboration with the
student, together, where appropriate, with the parents or caregivers/third
parties. The learner must have access to recourse mechanisms if the support is
unavailable or inadequate.
33 Any support measures provided must be
compliant with the goal of inclusion. Accordingly, they must be designed to
strengthen opportunities for students with disabilities to participate in the
classroom and in out-of-school activities alongside their peers, rather than
marginalise them.
34 Regarding
article 24, paragraph 3, many States parties are failing to make appropriate
provision for persons with disabilities, particularly persons on the
autism spectrum, those with communication impairments and with sensory
disabilities, to acquire the life, language and social skills essential for
participation in education and within their communities.
a)
Blind and partially sighted students must be provided with
opportunities to learn Braille, alternative script, augmentative and
alternative modes, means and formats of communication, as well as orientation
and mobility skills. Investment in access to appropriate technology and
alternative communication systems to facilitate learning should be supported.
Peer support and mentoring schemes should be introduced and encouraged.
b)
Deaf and hard of hearing students must be
provided with the
opportunity to learn sign language, and measures taken to recognise and promote
the linguistic identity of the deaf community. The Committee draws the
attention of States parties to UNESCO’s Convention against Discrimination in
Education which establishes the right of children to be taught in their own
language, and reminds States parties that Article 30(4) requires that persons
with disabilities are entitled, on an equal basis with others, to recognition
of and support for their specific cultural and linguistic identity, including
sign language and deaf culture. In addition, hard-of-hearing students must also
have access to quality speech therapy services, induction loop technology and
captioning.
c)
Students who are blind, deaf or deafblind must
be provided with education delivered in the most appropriate languages and
modes and means of communication for the individual, and in environments which
maximize personal, academic and social development both within and outside
formal school settings. The Committee emphasises that for such inclusive
environments to occur, States parties should provide the required support,
including by way of resources, assisted technology, and provision of
orientation and mobility skills.
d)
Learners with communication
impairments
must be provided with
the opportunity to express themselves and learn using alternative or
augmentative communication. This may include but is not limited to provision of
sign language, low or high tech communication aids such as tablets with speech
output, voice output communication aids (VOCAS) or communication books. States
parties should invest in developing expertise, technology and services in order
to promote access to appropriate technology and alternative communication
systems to facilitate learning.
e)
Learners with social communication difficulties must be supported
through adaptions to classroom organisation, including working in pairs, peer
tutoring, seating close to the teacher and the creation of a structured and
predictable environment.
f) Learners with
intellectual impairments must
be provided with concrete,
observable/visual and easy-read teaching and learning materials within a safe,
quiet and structured learning environment, targeting capacities that will best
prepare student for independent living and vocational contexts. States parties
should invest in inclusive interactive classrooms using alternative
instructional strategies and assessment methods.
35 Article
24, paragraph 4 requires States parties to take appropriate measures to employ
administration, teaching and non-teaching staff with the skills to work
effectively in inclusive education environments and qualified in sign language
and/or Braille, orientation and mobility skills. An adequate number of qualified
and committed school staff is a key asset in the introduction and sustainability of inclusive
education. The lack of
understanding and capacity remain significant barriers to inclusion. States
parties must ensure
that all teachers are trained in inclusive education based on the human rights
model of disability.
36 States parties must invest in and support the recruitment and continuous
education of teachers with disabilities. This includes removing any
legislative or policy barriers requiring candidates to fulfil specific medical eligibility
criteria, and the provision
of reasonable accommodations for their participation as teachers. Their
presence will serve to promote equal rights for persons with disabilities to enter the teaching profession, bring
unique expertise and skills into learning environments, contribute to breaking
down barriers and serve as important role models.
37 According to article
24, paragraph 5, States parties should ensure that persons with disabilities
are able to access general tertiary education, vocational training, adult
education and lifelong learning without discrimination and on an equal basis
with others. Attitudinal, physical, linguistic, communication, financial, legal
and other barriers to education at these levels must be identified and removed
in order to ensure equal access. Reasonable accommodation must be provided to
ensure that persons with disabilities do not face discrimination. States
parties should consider taking affirmative action measures in tertiary
education in favour of learners with disabilities.
3 OBLIGATIONS OF STATES PARTIES
38 States
parties should respect, protect and fulfill each of the essential features of the
right to inclusive education: availability, accessibility, acceptability,
adaptability. The obligation to respect requires avoiding measures that
hinder the enjoyment of the right, such as legislation excluding certain
children with disabilities from education, or
denial of accessibility or reasonable accommodation. The obligation to protect requires taking measures that prevent third parties from
interfering with the enjoyment of the right, for example, parents refusing to
send girls with disabilities to school, or private institutions refusing to
enrol persons with disabilities based on their impairment. The obligation to fulfill requires taking measures that
enable and assist persons with disabilities to enjoy the right to education,
for example, that education institutions are accessible and that education
systems are adapted appropriately with resources and services.
39 Article 4.2
requires that States parties undertake measures to the maximum of their
available resources regarding economic, social and cultural rights, and, where
needed, within a framework of international cooperation, with a view to
achieving progressively the full realisation of those rights. Progressive
realization means that States parties have a specific and continuing obligation
“to move as expeditiously and effectively
as possible” towards the full realization of article 24.[12]
This is not compatible with sustaining two systems of education: mainstream and
special/segregated education systems. Progressive realization must be read according
to the overall objective of the Convention to establish clear obligations for
States parties in respect of the full realization of the rights in question. Similarly,
States parties are encouraged to redefine budgetary allocations for education,
including transferring budgets to develop inclusive education. Any deliberately
retrogressive measures in that regard must not disproportionately target
learners with disabilities at any level of education.[13] They must
be only a temporary measure limited to the period of crisis, be necessary and
proportionate, not be discriminatory and comprise all possible measures to
mitigate inequalities.[14]
40 Progressive realization does not
prejudice those obligations that are immediately applicable. Drawing from CESCR’s General Comment, States parties have “a minimum core obligation to ensure the
satisfaction of, at the very least, minimum essential levels” of each of
the features of the right to education. [15] Therefore States parties should implement the
following core rights with immediate effect:
a)
Non-discrimination
in all aspects of education and encompassing all internationally prohibited
grounds of discrimination. States parties must ensure non-exclusion from
education for persons with disabilities and
eliminate structural disadvantages to achieve effective participation and
equality for all persons with disabilities. They must take urgent steps to
remove all legal, administrative and other forms of discrimination impeding the
right of access to inclusive education. The adoption of affirmative action
measures does not constitute a violation of the right to non‑discrimination
with regard to education, so long as such measures do not lead to the
maintenance of unequal or separate standards for different groups.
b)
Reasonable accommodations to ensure non-exclusion from
education for persons with disabilities. Failure to provide reasonable
accommodation constitutes discrimination on disability grounds.
c)
Compulsory, free primary
education available to all. States parties must take all appropriate measures
to guarantee this right, on the basis of inclusion, to all children and youth
with disabilities. The Committee urges States parties to “ensure access to and
completion of quality education for all children and youth to at least 12 years
of free, publicly funded, inclusive and equitable quality primary and secondary
education, of which at least nine years are compulsory, as well as access to
quality education for out-of- school children and youth through a range of
modalities” as per the Education 2030 Framework for Action.
States
parties must adopt and implement a national educational strategy which includes
provision of education at all levels for all learners, on the basis of
inclusion and equality of opportunity. The educational objectives elaborated in
article 24, paragraph 1, place equivalent obligations on States parties and
must therefore be regarded on a comparable basis of immediacy.
41 With regard to
international cooperation, and in line with SDG 4 and the Education 2030
Framework for Action, all bilateral and multilateral cooperation must advance
inclusive and equitable quality education and promote lifelong learning
opportunities for all, including support for capacity building, exchange
and information sharing and best
practices, research, technical and economic assistance, and facilitating access
to accessible and assistive technologies.
All data and spending of international assistance on education should be
disaggregated by impairment. Consideration of an international coordination
mechanism on inclusive education to operationalize SDG 4 and to build evidence,
contribute to a better policy dialogue and monitor progress.
4 RELATION WITH OTHER PROVISIONS OF THE CONVENTION
42 States parties must recognize the
indivisibility and interdependence of all human rights. Education is integral
to the full and effective realization of other rights.[16] Conversely, the right to inclusive education
can only be realized if certain other rights are implemented. It must be
underpinned by the creation of
inclusive environments at the wider societal level. This will necessitate the
adoption of the human rights model of disability whereby recognition is
afforded to the obligation to remove the societal barriers that serve to
exclude and marginalize persons with disabilities and the adoption of measures
to ensure implementation of the following rights.
43 Article 5
enshrines the principle of equal protection of all persons before and under the
law. State parties must prohibit all disability-based discrimination and
provide persons with disabilities effective and equal protection against
discrimination on all grounds. To address systemic and structural
discrimination and to ensure “equal benefit of the law” State parties must take
affirmative action measures, such as removing architectural and communicative
or other barriers to mainstream education.
44 Article 6
recognises that women and girls with disabilities are subject to multiple
discrimination and States parties must adopt measures to ensure the equal
enjoyment of their rights. Intersectional discrimination and exclusion pose
significant barriers to the realization of the right to education for women and
girls with disabilities. States parties must identify and remove these barriers
including, inter alia, gender-based violence and lack of value placed on
education of women and girls, and put in place specific measures to ensure that
their right to education is not impeded by gender and/or disability
discrimination, stigma or prejudice. Harmful gender and/or disability
stereotypes must be combatted in textbooks and curricula. Education plays a
vital role in combating traditional notions of gender that perpetuate
patriarchal and paternalistic societal frameworks.[17] States parties must ensure
the access and retention of girls and women with disabilities in education and
rehabilitation services as instruments for their development, advancement and
empowerment.
45 Article 7
asserts that, in all actions, the best interests of the child shall be a
primary consideration. The best interests is a concept aimed at ensuring the
full and effective enjoyment by the child of all human rights and the child’s
holistic development.[18] Any determination of the best interests of a
child with a disability must consider the child’s own views and individual identity, the preservation of the
family, care, protection and safety of the child, any particular vulnerability,
and the child’s right to health and education. The CRC has affirmed that the
best interests of the child must be the basis on which education policies and
provision are determined. Article 7
further asserts that children with disabilities have the right to express their
views and the latter be given due weight on all matters affecting them, according
to their age and maturity on an equal basis with other children, and that they
must be provided with disability and age-appropriate assistance. Guaranteeing
the right of children to participate in their education must be applied equally
to children with disabilities – in their own learning and individualized
education plans, within the classroom pedagogy, through schools councils, in
the development of school policies and systems, and in the development of wider
educational policy.[19]
46 Article 8 calls for measures to raise
awareness and challenge stereotypes, prejudices and harmful practices regarding
persons with disabilities, particularly targeting those affecting women and
girls with disabilities and persons with intellectual disabilities and
intensive support requirements. These barriers impede both access to, and
effective learning within the education system. The Committee notes the
practice of some parents of children without disabilities removing their
children from inclusive schools, based on lack of awareness and understanding
of the nature of disability. States parties must adopt measures to build a
culture of diversity, participation and involvement into community life and to highlight
inclusive education as a means to achieve a quality education for all students,
with and without disabilities, parents, teachers and school administrations, as
well as the community and society. States parties must ensure that mechanisms
are in place to foster, at all levels of the education system, and among
parents and the wider public, an attitude of respect for the rights of persons
with disabilities. Civil society, in
particular OPDs, should be involved in all awareness raising activities.
47 Articles 9 and 24 are closely interconnected.
Accessibility is a precondition for the full and equal participation of persons
with disabilities in society. Persons with disabilities cannot effectively
enjoy their right to inclusive education without accessibly built environment,
including schools and all other places of education, without accessible public
transport, services, information and communication. Modes and
means of teaching should be accessible and should be conducted in accessible
environments. The whole environment of students with disabilities must be
designed in a way that fosters inclusion. Inclusive education itself, on the
other hand, is a powerful tool for the promotion of accessibility and universal
design.
48 The Committee
calls States parties’ attention to general comment on article 12 (CRPD/C/GC/1)
and stresses
that inclusive
education provides an opportunity to develop the expression of the will and
preferences of students with disabilities, particularly those with psychosocial
or intellectual impairments. States parties must ensure that inclusive
education supports learners with disabilities in building their confidence to exercise legal capacity, providing the necessary support
at all educational levels including to diminish future requirements for support in its exercise
if they so wish.
49 Persons with
disabilities, particularly women and girls, can be disproportionately affected
by violence and abuse, including physical and humiliating punishments by
educational personnel, for example, the use of restraints and seclusion, and
bullying by others in and on route to school. Article 16 requires that States
parties take all appropriate measures to protect from and prevent all forms of
violence and abuse towards persons with disabilities, including sexual
violence. Such measures must be age, gender and disability sensitive. The
Committee strongly endorses the recommendations of the CRC, the Human Rights
Committee and CESCR that States parties must prohibit all forms of corporal
punishment, and cruel, inhuman and degrading treatment in all settings,
including schools, and ensure effective sanctions against perpetrators.[20] It
encourages schools and other educational centers to involve students, including
students with disabilities, in the development of policies, including
accessible protection mechanisms, to address disciplinary measures and
bullying, including cyberbullying, which is increasingly recognized as a
growing feature of the lives of students, particularly children.
50 Inclusive
education requires recognition of the right of persons with disabilities to
live within the community and enjoy inclusion and participation in the
community (article 19). It also demands recognition of the equal right of
persons with disabilities to family life, or, failing that, to alternative care
within a community setting. Children in the care of the State party, residing
for example in foster care or care homes, must be ensured the right to
inclusive education and the right to appeal against decisions of the State
party which deny them the right to inclusive education. Too many persons
with disabilities remain living in long-term institutional care, lacking access
to community-based services, including education, consistent with their right
to, inter alia, family life, community living, freedom of association,
protection from violence and access to justice. The introduction of
inclusive education in the local community must take place alongside a
strategic commitment to the ending of institutions for persons with
disabilities (see para 64). States parties should note the role that exercising
the right to inclusive education will play in building the strengths, skills
and competencies necessary for all persons with disabilities to enjoy, benefit
from and contribute to their local communities.
51 For inclusive education to be realised
effectively, persons with disabilities must be guaranteed personal mobility on
an independent basis (article 20). Where transportation is not readily
available, and where no personal assistants are available to support access to
educational institutions, persons with disabilities, particularly blind and
visually impaired persons, must be given adequate training in mobility skills
to promote greater independence. States parties should also provide persons
with disabilities with the opportunity to acquire mobility aids and appliances
at affordable cost.
52 Fulfilment of the right of persons with
disabilities to enjoy the highest possible standard of health without
discrimination (article 25) is integral to the opportunity to benefit fully
from education. The ability to attend educational environments and learn
effectively is seriously compromised by lack of access to health and to
appropriate treatment and care. States parties should establish health, hygiene
and nutrition programmes with a gender perspective that are integrated with
education services and allow for continual monitoring of all health needs. Such
programmes should be developed on the principles of universal design and
accessibility, provide regular school nurse visits and health screening, and
build community partnerships. Persons with disabilities, on an equal basis with
others, must be provided with age-appropriate,
comprehensive and inclusive sexuality education, based on scientific evidence
and human rights standards,
and in accessible formats.
53 States parties must take effective
measures, to provide habilitation and rehabilitation services within the
education system, including healthcare, occupational, physical, social,
counselling and other services (article
26). Such services must begin at the earliest stage possible, adopt a
multidisciplinary assessment of a student’s strengths, and support maximum
independence, autonomy, respect of dignity, full physical, mental, social and
vocational ability and inclusion and participation in all aspects of life. The Committee stresses the significance of
supporting the development of community-based rehabilitation, that addresses
early identification, and peer support.
54 Quality inclusive education must provide
persons with disabilities with preparation for work life through the foundation
of the knowledge, skills and confidence necessary for participation in the open
labour market and in an open, inclusive and accessible work environment
(article 27).
55 Full participation in political and public life is enhanced through the realisation of the right to inclusive
education. Curricula for all students must include the topic of citizenship and
the skills of self-advocacy and self-representation as fundamental basis for
participation in political and societal processes. Public affairs include forming
and participating in student organisations such as students’ unions and States
Parties should promote an environment in which persons with disabilities can
form, join and effectively and fully participate in such student organisations through all forms of communication and
language of their choice (art 29).
56 States parties
must remove barriers and promote accessibility and availability of inclusive
opportunities for persons with disabilities to participate on an equal basis
with others in play, recreation and sport in the school system, extra-currilar
activities and other educational environments(article 30).[21]
Appropriate measures must be in place within
the educational environment to ensure opportunities for persons with
disabilities to access to cultural life and to develop and utilize their
creative, artistic and intellectual potential, not only for their own benefit
but also for the enrichment of the society. Such measures must ensure that
persons with disabilities are entitled to recognition of their specific
cultural and linguistic identity, including sign languages and deaf culture.
5 IMPLEMENTATION AT THE NATIONAL LEVEL
57 The Committee
has identified a number of consistent challenges facing States parties in the
implementation of Article 24. The following measures need to be addressed at
the national level in order to
implement and sustain an inclusive education system for all persons with
disabilities:
58 Responsibility for the education
of persons with disabilities at all levels, together with the education of
others, must rest with the education ministry. In many countries, the education
of persons with disabilities is currently marginalized within ministries of
social welfare and/or health which has resulted in, inter alia, exclusion from
mainstream education legislation, policy, planning and resourcing, lower levels
of per capita investment in the education of persons with disabilities, a lack
of overarching and coherent structures in place to support inclusive education,
a lack of integrated data collection on enrolment, retention and attainment,
and a failure to develop inclusive teacher education. States parties must take urgent measures to
put education of learners with disabilities under the competence of the
ministry of education.
59 States parties must
ensure a comprehensive and inter-sectoral commitment to inclusive education across government.
It cannot be realized by education ministries in isolation. All relevant ministries and commissions with responsibilities
that cover substantive articles of the Convention must commit to and align
their understanding of the implications of an inclusive education system in
order to achieve an integrated approach to work collaboratively towards a
shared agenda. Accountability measures
for all ministries involved must be put into place to uphold such commitments.
Partnerships should also be forged with service providers, OPDs, media, wider civil society
organisations, local authorities, students associations and federations,
universities, and teacher education colleges.
60 States parties, at every level, must
implement or introduce legislation, based on the human rights model of
disability that fully complies with article 24. The Committee recalls that
article 4 (5) requires federal states to ensure that article 24 is implemented
without limitations or exceptions in all parts of the State party.
61 A comprehensive and co-ordinated
legislative and policy framework for inclusive education must be introduced,
together with a clear and adequate time frame for implementation and sanctions
for violations. It must address issues of flexibility, diversity and equality
in all educational institutions for all learners, and identify responsibilities
at all levels of government. Key elements will include:
a)
Compliance
with international human rights standards.
b)
A clear definition
of inclusion and the specific objectives it seeks to achieve at all educational
levels. Inclusion principles and practices must be considered as integral to
reform, and not simply an add-on programme.
c)
A substantive
right to inclusive education as a key element of the legislative framework. Provisions, for example, which define certain
categories of students as ‘uneducable’ must be repealed.
d)
A
guarantee for students with and without disabilities to the same right to
access inclusive learning opportunities, within the general education system,
and for individual learners to the necessary support services at all levels.
e)
A
requirement for all new schools to be designed and built following the
principle of Universal Design through accessibility standards, together with a
time frame for adaptation of existing schools in line with the Committee’s
general comment No. 2 (CRPD/C/GC/2). The use of public procurement to implement
this element is encouraged.
f)
Introduction of
comprehensive quality standards for inclusive education and
disability-inclusive monitoring mechanisms to track progress in implementation
at all levels and ensure that policies and programmes are implemented and
backed by the requisite investment.
g)
Introduction
of accessible monitoring mechanisms to ensure that policy, together with the
requisite investment, is implemented.
h)
Recognition
of the need for reasonable accommodations to support inclusion, based on human
rights standards, rather than on the efficient use of resources, together with
sanctions for failure to provide reasonable accommodation.
i)
All
legislation that potentially impacts upon inclusive education within a country
should clearly state inclusion as a concrete goal.
j)
A
consistent framework for the early identification, assessment and support
required to enable persons with disabilities to flourish in inclusive learning
environments.
k)
An
obligation on local authorities to plan and provide for all learners, including
persons with disabilities, within inclusive settings and classes, including in
the most appropriate languages, accessible formats, modes and means of
communication.
l)
Establishment
of legislation to guarantee all persons with disabilities, including children
with disabilities, the right to be heard and their opinion given consideration
within the education system, including through school councils, governing
bodies, local and national government, as well as mechanisms through which to
challenge and to appeal decisions concerning education.
m)
Creation
of partnerships and coordination between all stakeholders, including persons
with disabilities through OPDs, different agencies, development organizations, non-governmental organizations (NGO), and with
parents/caregivers.
62 Legislation
must be supported by an Education Sector Plan, developed in consultation with OPDs,
including children, and detailing the process for the implementation of an
inclusive education system. It should contain a timeframe and measurable goals,
including measures to
ensure consistency. The Plan should be informed by a comprehensive analysis of
the current context pertaining to inclusive education in order to provide a
baseline from which to progress, including data on, for example, current
budgetary allocations, quality of data collection, numbers of children with
disabilities out of school, challenges and barriers, existing laws and
policies, key concerns of both persons with disabilities, families and the
State party.
63 States
parties must introduce independent, effective, accessible, transparent, safe
and enforceable complaints mechanisms and legal remedies in cases of violations
of the right to education. Persons with
disabilities must have access to justice systems which understand how to
accommodate persons with disabilities and are capable of addressing
disability-based claims. States parties must also ensure
that information about the right to education itself, and how to challenge
denial or violations must be widely disseminated and publicized to persons with
disabilities, with the involvement of OPDs.
64 Inclusive education is incompatible with
institutionalisation. States parties must engage in a well-planned and
structured process of de-institutionalisation of persons with disabilities.
Such a process must address: a managed transition setting out a defined time frame for the
transition; the introduction of a legislative requirement to develop community
based provision, the re-direction of funds and the introduction of multi-disciplinary
frameworks to support and strengthen community-based services; the provision of
support for families; and collaboration and consultation with OPDs, including
children, as well as parents/caregivers of persons with disabilities. Pending
the process of de-institutionalisation, persons in institutional care settings
should be given access to inclusive education with immediate effect through
linking them with inclusive academic institutions in the community.
65 Early childhood interventions can be particularly valuable for children
with disabilities, serving to strengthen their capacity to
benefit from education and promoting their
enrolment and attendance. All such interventions must guarantee respect for the dignity and autonomy of the child. In line with
SDG 4, and the 2030 Agenda for Sustainable Development, States parties are
urged to ensure access to quality early childhood development, care and
pre-primary education,
together
with the provision of support and training to parents and caregivers of young
children with disabilities. If identified and supported early, young children
with disabilities are more likely to transit smoothly into pre-primary and
primary inclusive education settings. States parties must ensure coordination
between all relevant ministries, authorities and bodies as well as OPDs and
other NGO partners.
66 In accordance
with Article 31, States parties must collect
appropriate disaggregated data to formulate policies, plans and programmes to
fulfill their obligations under Article 24.They must introduce measures
to address the lack of accurate data on prevalence of persons with different
impairments, as well as the lack of sufficient quality research and data
relating to access to, permanence, and progress within education, provision of
reasonable accommodation and the associated outcomes. Census, survey and administrative data, including
Education Management Information System (EMIS), must capture data on students
with disabilities including those still living in institutional settings. States parties should
also gather disaggregated data and evidence on the barriers that prevent
persons with disabilities from having access to, remaining in, and making
progress in inclusive quality education to enable the adoption of effective
measures to dismantle such barriers. Strategies must
be adopted to overcome the exclusion of persons with disabilities from standard
quantitative and qualitative data
gathering mechanisms, including reluctance of
parents to admit the existence of a child with a disability, lack of birth
registration, or invisibility within institutions.
67 State parties must commit sufficient
financial and human resources throughout the development of Education Sector
and cross-sector Plans to support the implementation of inclusive education,
consistent with progressive realization. States parties must reform their
governance systems and financing mechanisms to ensure the right to education of
all persons with disabilities. States
parties should also allocate budgets using
mechanisms available under public procurement processes and partnerships with
the private sector. These allocations must prioritise, inter alia, ensuring adequate resources for rendering existing educational settings accessible in
a time bound manner, investment in inclusive teacher education, making
available reasonable accommodations, providing accessible transport to school,
making available appropriate and accessible text books, teaching and learning
materials, ensuring assistive technology provisioning and Sign Language, and
providing awareness raising initiatives to address stigma and discrimination,
particularly bullying in educational
settings.
68 The Committee urges States parties to
achieve a transfer of resources from segregated to inclusive environments.
States parties should develop a funding model that allocates resources and
incentives for inclusive educational environments to provide the necessary
support to persons with disabilities. The determination of the most appropriate
approach to funding will be informed to a significant degree by the existing
educational environment and the requirements of potential learners with
disabilities who are affected by it.
69 A
process of educating all teachers at pre-school, primary, secondary, tertiary
and vocational education levels must be initiated to provide them with the
necessary core competencies and values to work in inclusive educational
environments. This requires adaptations to both pre and in-service training to develop appropriate skill levels in the shortest time possible to facilitate the
transition to an inclusive education system. All teachers must be provided with dedicated units/modules to prepare them to
work in inclusive settings, as well as practical experiential learning, where they can build the
skills and confidence to problem-solve through diverse inclusion challenges. The core content
of teacher education must address a basic understanding of human diversity,
growth and development, the human rights model of disability, and inclusive
pedagogy including how to identify students’ functional abilities -strengths,
abilities and learning styles- to ensure their participation in inclusive
educational environments. Teacher education should include learning about the use of appropriate augmentative and alternative modes, means and formats
of communication, such as Braille, large print, accessible multimedia,
easyread, plain language,
sign language and deaf culture, education techniques and materials to support
persons with disabilities. In addition, teachers need
practical guidance and support in, among others: the provision of
individualized instruction; teaching the same content using varied teaching
methods to respond to the learning styles and unique abilities of each person;
the development and use of individual educational
plans to support specific learning requirements; and the introduction of a
pedagogy
centred around
students’ educational objectives.
70 Inclusive education requires a
support and resource system for teachers in educational institutions at all
levels. This might include partnerships between neighbouring
education institutions, including universities, promoting collaborative
practice including team teaching, study groups, joint student assessment
processes, peer support and exchange visits as well as partnerships with civil
society. Parents/caregivers of students with disabilities, where appropriate, can serve
as partners in the development and implementation of learning programmes,
including individualized education plans. They can play a significant role in
advising and supporting teachers in provision of support to individual
students, but must never be a pre-requisite for admission into the education
system. States
parties should utilise all
possible sources of support for teachers, including OPDs learners with disabilities
and local community members who can contribute significantly in the form of peer mentoring, partnering and problem
solving. Their involvement provides an additional resource in the
classroom and also serves to build links with local communities, breaking down
barriers and rendering them more responsive and sensitive to strengths and requirements of students
with disabilities.
71 Authorities at all levels
must have the capacity, commitment and resources to implement the laws,
policies and programmes in place to support inclusive education. States parties
must ensure the development and delivery of training to inform all relevant
authorities of their responsibilities under the law, and to provide an
understanding of the rights of persons with disabilities. The skills, knowledge
and understanding necessary to implement inclusive education policies and
practice will include: understanding of the concept of the right to inclusive
education and its aims, knowledge of the relevant international and national
legislation and policies, development of local inclusive education plans,
collaboration and partnerships, support, guidance and supervision of local
education institutions, monitoring and evaluation.
72 Quality
inclusive education requires methods of appraising and monitoring students’
progress that considers the barriers faced by students with disabilities.
Traditional systems of assessment, utilising standardized achievement test
scores as the sole indicator of success for both students and schools may
disadvantage students with disabilities.
The emphasis should be on individual progress towards broad goals. With
appropriate teaching methodologies, support and accommodations, all curricula
can be adapted to meet the needs of all students, including those with
disabilities. Inclusive student assessment systems can be strengthened through
a system of individualized supports.
73 Compliant with
article 33, and to measure progress on the realization of the right to
education through the establishment of an inclusive education system, States
parties must develop monitoring frameworks with structural, process and outcome
indicators, and specific benchmarks and targets for each indicator, consistent
with SDG 4.[22] Persons with disabilities, through OPDs,
should be involved in both the determination of the indicators as well as the
collection of data and
statistics. Structural indicators should measure barriers to inclusive
education and not be limited merely to collecting data disaggregated by
impairment. Process indicators, such as changes to accessibility of physical
environments, curriculum adaptations or teacher training will enable monitoring
of the progress of the transformation. Outcome indicators must also be
established, for example, percentage of students with disabilities in inclusive
learning environments obtaining final official certification or diplomas, or
the percentage of students with disabilities admitted to secondary education.
States parties should also consider measuring the quality of education through,
for example, the five dimensions recommended by UNESCO: respect for rights, equity, relevance,
pertinence, efficiency and efficacy. Monitoring affirmative action measures,
such as quotas or incentives may also be considered.
74 The
Committee notes the growth in many countries of private sector education. States
parties must recognize that the right to inclusive education extends to the
provision of all education, not merely that provided by public authorities. States
parties must adopt measures to protect against
infringements of rights by third parties, including the business sector. Regarding
the right to education, such measures must address the obligation to guarantee
the provision of inclusive education, and as necessary, involve legislation and
regulation, monitoring, oversight, and enforcement, and adoption of policies to
frame how business enterprises can impact on the effective enjoyment and
exercise of rights by persons with disabilities. Educational institutions, including
private educational institutions and enterprises, should not charge additional fees
for reasons of accessibility and/or reasonable accommodation.
__________
[1] A/HRC/25/29 para 3
[2] Article 1, para 2, Convention on the Rights of Persons
with Disabilities
[4] A/HRC/25/29, para. 4 and UNICEF,
The Right of Children with Disabilities to Education: A Right-Based Approach
to Inclusive Education (Geneva, 2012).
[6] Committee on the Rights of the Child (CRC) General
Comment No 1, Aims of education, CRC/GC2001/1
[8] CRPD General Comment 2, Article 9, Accessibility,
CRPD/C/GC/2
[10] CRPD General Comment 2, Article 9, Accessibility,
CRPD/C/GC/2
[11] CRPD/C/GC/2
[12] see CESCR General Comment 3, para. 9, The nature of States parties’ obligations
(art. 2, para. 1, of the Covenant), 1990.
[13] CESCR, General
Comment 3, The nature of States
parties’ obligations (art.
2, para. 1, of the Covenant), 1990.
[14] Letter dated 16 May 2012 addressed by the Chairperson
of the Committee on Economic, Social and Cultural Rights to States parties to
the International Covenant on Economic, Social and Cultural Rights
[15] CESCR
General comment No. 3: The nature of
States parties’ obligations (art. 2, para. 1, of the Covenant), 1990
[16] See Committee on Economic, Social and Cultural Rights,
general comments No. 11 (1999) on plans of action for primary education
and No. 13 (1999) on the right to education.
[17] CEDAW Concept
Note on the Draft General Recommendation on Girls’/Women’s Right to Education, 2014
[18] CRC, General Comment No.14, CRC/C/GC/14, May 2013
[19] CRC General Comment No.12 CRC
[20] CRC General Comment No. 8, CRC/C/GC/8, March 2007;
[21] CRC No.17, CRC/C/GC/17, April 2013
[22] See OHCHR, Human Rights Indicators: A guide
to measurement and implementation (New York and Geneva, 2012)
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