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Equal recognition before the law 2014, para. 45
- Paragraph text
- Interpreting article 12, paragraph 3, in the light of the right to live in the community (art. 19) means that support in the exercise of legal capacity should be provided through a community-based approach. States parties must recognize that communities are assets and partners in the process of learning what types of support are needed in the exercise of legal capacity, including raising awareness about different support options. States parties must recognize the social networks and naturally occurring community support (including friends, family and schools) of persons with disabilities as key to supported decision-making. This is consistent with the Convention's emphasis on the full inclusion and participation of persons with disabilities in the community.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 12b
- Paragraph text
- [The core features of inclusive education are:] 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Families
- 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. 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. 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. 62
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 64
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 7
- Paragraph text
- 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 10a
- Paragraph text
- [Inclusive education is to be understood as:] 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to inclusive education 2016, para. 45
- Paragraph text
- 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. 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.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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