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Equal recognition before the law 2014, para. 52
- Paragraph text
- States parties are encouraged to develop effective mechanisms to combat both formal and informal substitute decision-making. To this end, the Committee urges States parties to ensure that persons with disabilities have the opportunity to make meaningful choices in their lives and develop their personalities, to support the exercise of their legal capacity. This includes, but is not limited to, opportunities to build social networks; opportunities to work and earn a living on an equal basis with others; multiple choices for place of residence in the community; and inclusion in education at all levels.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 1
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 2
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 4c
- Paragraph text
- [Barriers that impede access to inclusive education for persons with disabilities can be attributed to multiple factors, including:] 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;
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 9
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 12c
- Paragraph text
- [The core features of inclusive education are:] 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 12h
- Paragraph text
- [The core features of inclusive education are:] 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 12i
- Paragraph text
- [The core features of inclusive education are:] 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 13
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 14
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 16
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 17
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 18
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 21
- Paragraph text
- 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, 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 22
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 23
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 24
- Paragraph text
- 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. Inclusion and quality are reciprocal: an inclusive approach can makes a significant contribution to the quality of education.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 25
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 26
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 29
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 30
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 31
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 34b
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 35
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 36
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 37
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 38
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 40a
- Paragraph text
- [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. Therefore States parties should implement the following core rights with immediate effect:] 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 40b
- Paragraph text
- [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. Therefore States parties should implement the following core rights with immediate effect:] Reasonable accommodations to ensure non-exclusion from education for persons with disabilities. Failure to provide reasonable accommodation constitutes discrimination on disability grounds.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 40c
- Paragraph text
- [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. Therefore States parties should implement the following core rights with immediate effect:] 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph