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Access to rights-based support for persons with disabilities 2017, para. 44
- Paragraph text
- Children with disabilities and their families require different types of support services, especially in the education and health sectors. They include assistive technology, communication support and individualized education plans, and information and assistance to families of children with disabilities in need. For too long, children and adolescents with disabilities have been mere recipients of "special care", when this is available at all, which resulted in widespread segregation, institutionalization and neglect. Instead, States must organize support services and measures that foster their well-being and enable them to realize their full potential. Families need help to understand disability in a positive way and to know how to help support their children to be autonomous and independent. Limited understanding of care can hinder their right to express their views freely on all matters affecting them, in accordance with their age and maturity, and to be provided with disability- and age-appropriate assistance to realize that right.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 70
- Paragraph text
- International cooperation can play a crucial role in the implementation of support systems. Donor countries and international organizations should consider increasing funding for the design and development of sustainable national support systems and securing the necessary funds to implement development aid inclusive of the support arrangements required by persons with disabilities. For example, when funding national education systems, donors should take into account the obligation to provide support to children and adolescents with disabilities within the general education system to facilitate their effective education.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Adolescents
- Children
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 78
- Paragraph text
- Some persons with disabilities may need support to overcome barriers that limit their ability to communicate and be understood. While the provision of accessible information and communication can reduce the need for support of persons with disabilities, many of them may still require support with communication. The situation of children with disabilities with limited or no speech capacity is particularly alarming, since their communication needs are usually neglected within the education system and in their communities, despite the existence of low-cost resources and materials. In this regard, States must take all appropriate measures to ensure that persons with disabilities, whatever their communication skills or type of impairment, can access the communication support they need through different forms of communication, as defined in article 2 of the Convention. This includes professional sign language interpretation, display of text, Braille, tactile communication, large print and accessible multimedia, as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communications technology.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
Paragraph
Disability-inclusive policies 2016, para. 44
- Paragraph text
- Assistive devices and technologies have the primary purpose of allowing individuals to perform an activity they would otherwise be unable to do, or increase the ease and safety with which those activities are performed. In the case of children with disabilities, they have a significant impact on their early childhood development and educational outcome, reducing the need for other types of support. Common examples of assistive devices include wheelchairs, walkers, crutches, prostheses, orthoses, adapted cutlery, extendable reaching devices and adaptive switches for persons with physical impairments; hearing aids, assistive hearing technology, alarm devices, amplified telephones, deaf-blind communicators; spectacles, magnifiers, white canes, voice recognition software, Braille displays and screen readers for persons with visual impairments; communication boards and speech synthesizers for persons with communication needs; and computers and visual and talking timers for persons with intellectual impairments. Assistive devices and technologies range from low-cost solutions to high-tech gadgets.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 57
- Paragraph text
- States need to address the interface between national and subnational levels of governance. In many countries, local governments are directly responsible for the implementation of important public policies in the areas of education, health care, housing, planning, construction and development. The lack of a coordinated response between national and local authorities has a negative impact on the availability and quality of services for persons with disabilities, in particular those living in disadvantaged rural and remote areas. Central Governments must ensure, to the extent of their competencies, adequate funding and technical support for local authorities in order to help them fulfil their functions.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Disability-inclusive policies 2016, para. 74
- Paragraph text
- A cultural change in how disability is perceived is essential for disability- inclusive policies to be truly successful. Persons with disabilities must not be seen as objects of aversion or charity, but rather as rights holders in the same way as every member of society. An inclusive policy framework must therefore contain strong components that focus on awareness-raising and combating stereotypes and negative attitudes towards disability and persons with disabilities. Awareness - raising efforts can consist of training for State authorities, public officials, the private sector and the media, multimedia campaigns and the incorporation of disability-sensitive materials in school curricula.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Equality of opportunity in education 2011, para. 26
- Paragraph text
- General comment No. 1 of the Committee on the Rights of the Child highlights the fact that while equality of opportunity in education “is primarily a matter which relates to article 28 of the Convention, there are many ways in which failure to comply with the principles contained in article 29 (1) [concerning the aims of education] can have a similar effect.” The general comment goes on to outline how discrimination based on gender, disability, health status and race can hamper children’s equal access to education. Furthermore, other general comments elaborated by the Committee address the need for temporary special measures to ensure equal access to education for indigenous children and equality of opportunity in education for children with disabilities.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 30
- Paragraph text
- Article 3 of the Convention on the Rights of Persons with Disabilities specifically mentions equality of opportunity as a general provision of the treaty, while article 24 contains detailed provisions concerning the right of persons with disabilities to education “without discrimination and on the basis of equal opportunity.” Of particular importance is article 24.2 (b) which stipulates that States shall ensure that “persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others ….”
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 43
- Paragraph text
- Additionally, other countries have enacted laws specifically addressing the principles of non-discrimination and equality of opportunity in education. Examples include the Promotion of Equality and Prevention of Unfair Discrimination Act (2000) in South Africa; the Law on Equality of Rights and Opportunities, Participation and Citizenship of Persons with Disabilities (2005) in France; the Prohibition of Discrimination Act (2005) in Norway, which establishes the function of Ombudsman on Equality and Anti-Discrimination; the General Equality of Treatment Act (2006) in Germany, which aims “to prevent or remove disadvantages due to race or ethnic background, gender, religion or philosophy, disability, age or sexual orientation” in employment and vocational training; the Equality Act (2006) in the United Kingdom which establishes a Commission for Equality and Human Rights and requires public authorities “to take proactive steps in promoting equality of opportunity between men and women”.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Men
- Persons with disabilities
- Women
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 49
- Paragraph text
- Other groups vulnerable to limited opportunities in education and requiring targeted support include persons with disabilities, children living in the street or without parental care, migrant workers and their families, refugees, internally displaced persons and those affected by natural disasters or conflict. Moreover, nomad populations, including pastoral populations who remain deprived of equal opportunities in education, deserve special attention, especially in Africa.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Year
- 2011
Paragraph
Equality of opportunity in education 2011, para. 55
- Paragraph text
- The lack of support for transportation and inadequate facilities can also be a determinant factor in the exclusion of students with disabilities from education systems. Inadequate public transportation and poor infrastructure in rural and urban areas still impede access to schools for persons with mobility restrictions and those who have impaired vision. Within schools, inadequately built classrooms and toilets can also restrict their use by students with disabilities.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 13
- Paragraph text
- The International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities are all explicit about States parties' obligations to provide maximum available resources to ensure the enjoyment of human rights.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 47
- Paragraph text
- Specific resources must be ensured to address the root causes of the exclusion from education of girls, those living in poverty or with disabilities, ethnic and linguistic minorities, migrants, and other marginalized and disadvantaged groups. Specific measures targeting important obstacles to education must be considered, including the abolition of school fees and the provision of subsidies for other costs, such as textbooks, uniforms and transportation. Temporary special measures to provide financial support to such groups through affirmative action have a normative basis in international human rights treaties. Particular attention must be paid to the principles of transparency and accountability in the management of education budgets.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Poverty
- Person(s) affected
- Girls
- Persons on the move
- Persons with disabilities
- Year
- 2011
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 62
- Paragraph text
- According to article 13 of the International Covenant on Economic, Social and Cultural Rights, the right to education is a universal right. As recognized by Committee on Economic, Social and Cultural Rights in its general comment No. 13, education is the "primary vehicle by which economically and socially marginalized adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities". The Committee on the Elimination of Racial Discrimination, in its general recommendation No. 30, has highlighted the need for States to ensure that all migrant children, irrespective of their status, have access to public educational institutions. The Committee on the Rights of the Child, in its general comment No. 9, endorsed the concept of inclusive education as "a set of values, principles and practices that seeks meaningful, effective, and quality education for all students, that does justice to the diversity of learning conditions and requirements not only of children with disabilities, but for all students".
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Poverty
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Year
- 2014
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 40
- Paragraph text
- Information and communications technologies can result in educational deprivation, particularly for the poor. Special attention must be paid to questions related to access and skills for the most marginalized groups, including girls and women and persons with disabilities. The guiding principle must be to adopt an all-inclusive approach.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 42
- Paragraph text
- Children with disabilities face several barriers in accessing information and communications technologies, as they may need adaptive technologies to use computers, tablets and mobile telephones. Moreover, online digital content may need to be converted into another format. Children in developing countries who do not attend schools rarely have access to computers.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 46
- Paragraph text
- In the Convention on the Rights of the Child, in particular article 28, States parties recognized the need to achieve the right to education progressively and on the basis of equal opportunity. Specifically, they committed to promoting and encouraging international cooperation in matters relating to education, in particular with a view to facilitating access to scientific and technical knowledge and modern teaching methods. In article 24 of the Convention on the Rights of Persons with Disabilities, States parties recognized the right of persons with disabilities to education and committed to ensuring an inclusive education system at all levels. They also committed to taking appropriate measures to train professionals in disability awareness and the use of augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 47
- Paragraph text
- States parties to the Convention on the Rights of Persons with Disabilities further committed to taking appropriate measures to promote access for persons with disabilities to new information and communications technologies and systems, including the Internet, and to promoting the design, development, production and distribution of information and communications technologies accessible to persons with disabilities.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 79
- Paragraph text
- Persons with disabilities, particularly those who cannot make use of print media, are denied access to information and cultural life when copyright laws prevent them from converting media to other formats. The use of Braille printers, text readers or digitalization aides to convert print media into accessible formats amounts to illegal copying, unless exceptions are created in national laws. While exceptions have been created by some countries, a general exception allowing texts to be converted for the purposes of accessibility should be made a general principle of copyright law.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 80
- Paragraph text
- The Accessible Books Consortium (a multi-stakeholder partnership comprising the World Intellectual Property Organization, organizations that serve people with print disabilities and organizations representing publishers and authors) is converting books into formats to make them available to people who are blind, have low vision or are otherwise print disabled. Such partnerships should be encouraged to ensure human rights in education are met.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
Issues and challenges to the right to education in the digital age 2016, para. 81
- Paragraph text
- The Committee on the Rights of the Child has called upon States to establish copyright exceptions that benefit children with visual or other impairments, reinforcing the obligation set out in article 30 of the Convention on the Rights of Persons with Disabilities for States to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
Justiciability of the right to education 2013, para. 48
- Paragraph text
- In a “collective complaint” by Autism-Europe to defend the rights of people with disabilities in Europe, the European Committee on Social Rights ruled that the French Government's overall lack of progress in this area constituted a violation of the European Social Charter. The French National Consultative Commission for Human Rights has also defended the right to education for children with disabilities by a number of its advisory opinions.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2013
Paragraph
Justiciability of the right to education 2013, para. 49
- Paragraph text
- Discriminatory practices against Roma with mental disabilities were found to violate the right to education under the European Convention on Human Rights. The European Court of Human Rights held that Roma children must be integrated into mainstream classes; their right to education was violated by the placement of a Croatian national of Roma origin in Roma-only classes rather than ethnically “mixed classes”., In another case referring to schools for Roma children only, the Equal Treatment Authority of Hungary concluded that authorities responsible for the local system that segregated students violated the principle of equal treatment. Moreover, adjudication shows how the right to basic education of children living in rural areas can be defended.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2013
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 23a
- Paragraph text
- [The Special Rapporteur recognizes that a very important part of the mandate is to support States in the development of their national efforts to advance the implementation of the rights of persons with disabilities. To accomplish this, the Special Rapporteur will put particular emphasis on the following activities:] Supporting law reform processes. Most legal systems in the world still contain provisions that discriminate against persons with disabilities and violate their human rights, from the denial of legal capacity or the right to vote to education laws that exclude children with disabilities from the general education system. Although efforts have been made to harmonize national legislation with the Convention on the Rights of Persons with Disabilities, much remains to be done. The Special Rapporteur aims to contribute to these processes by providing technical advice and exchanging good practices with a view to supporting and promoting legal reform that is inclusive of the rights of persons with disabilities, and by promoting the effective involvement of and consultation with persons with disabilities and their representative organizations in legislative reform.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 39
- Paragraph text
- In setting up her mandate, the Special Rapporteur has started to engage with the Centre for Disability Law and Policy of the National University of Ireland, Galway and the University of Costa Rica in order to obtain academic support in particular areas of research and knowledge development. She will continue to pursue opportunities for academic liaison throughout her mandate.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
Normative action for quality education 2012, para. 52
- Paragraph text
- The physical environment requirements can include aspects such as the presence of basic facilities (sanitation, separate toilets for girls, ramp for persons with disabilities) and adequate infrastructure (lighting, acoustic, safety and security, communication facilities). Facilities and equipment in schools must be appropriate in terms of instruction needs, health and sanitation, safety and management. Specific norms are required for infrastructure for technical and vocational education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Girls
- Persons with disabilities
- Year
- 2012
Paragraph
Normative action for quality education 2012, para. 83
- Paragraph text
- Quality education will remain elusive so long as education systems practise marginalization and exclusion. Bringing about de facto equality of opportunity in education necessitates an equity-based approach to education. Through education laws and policy, States need to give particular consideration to the educational needs of economically and socially marginalized groups, such as those living in poverty, ethnic and linguistic minorities, children with disabilities and indigenous children. In this regard, Human Rights Council resolution 17/3 urges States to give full effect to the right to education by ensuring adequate legal protection and addressing multiple forms of inequality and discrimination in education through comprehensive policies. An example of an inclusive approach is provided by Spain’s Organic Education Law (2006), which centers around the fundamental principle of quality of education for all students, combined with equity and equal opportunities.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Year
- 2012
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 23
- Paragraph text
- Many girls and young women with disabilities do not have access to information and education about sexual and reproductive health and rights and related services. Several studies found that youth with disabilities, especially girls and young women with intellectual disabilities, have low levels of sexuality education and sexual and reproductive health and rights knowledge, including information with regard to the prevention and transmission of HIV. The lack of inclusive education prevents girls and young women with disabilities from accessing comprehensive sexuality education, as those programmes are usually not available in special education settings. In addition, comprehensive sexuality education is not always delivered in accessible formats and alternative languages, and very often it does not address disability-specific needs. Stigma and stereotypes about female sexuality can also lead to the exclusion of girls and young women with disabilities from existing comprehensive sexuality education programmes by their parents, guardians and teachers. There is a general lack of guidance for families and teachers on how to talk about sexuality and equality with girls and young women with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 24
- Paragraph text
- Furthermore, in many parts of the world, girls and young women with disabilities are often entirely excluded from the education system, or otherwise isolated from their communities at home or in institutions, and are without any access to sexuality education. The lack of equal access to inclusive and quality education affects, in particular, girls and young women with disabilities in conflict, post-conflict or other humanitarian situations, especially those who are refugees, internally displaced, migrants or asylum seekers; deprived of their liberty in hospitals, residential institutions, juvenile or correctional facilities; or homeless or living in poverty. Girls and young women in such situations are at heightened risk of being subjected to physical or sexual abuse and contracting sexually transmitted infections.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Girls
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 26
- Paragraph text
- Girls and young women with disabilities face unique challenges with regard to the management of menstrual hygiene. The absence of appropriate sanitation facilities in schools, including separate, accessible and sheltered toilets, in addition to the lack of education, resources and support for menstrual hygiene, compromise their ability to properly manage their hygiene and make them especially prone to diseases. Consequently, many girls and young women with disabilities stay at home or are sent to special schools, reinforcing their exclusion from comprehensive sexuality education.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph