The right to inclusive education 2016, para. 18

Paragraph
Paragraph text
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ensure that it is not discriminatory for persons with disabilities and in violation of Article 24, and where necessary repealed or amended in a systematic and time-bound manner.
Legal status
Non-negotiated soft law
Body
Committee on the Rights of Persons with Disabilities
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
  • Education
  • Equality & Inclusion
Person(s) affected
  • Persons with disabilities
Year
2016
Paragraph type
Other
Reference
CRPD General Comment No. 4, The right to inclusive education (2016), para. 18.
Paragraph number
18