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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
Accessibility 2014, para. 28
- Paragraph text
- States parties are obliged to adopt, promulgate and monitor national accessibility standards. If no relevant legislation is in place, adopting a suitable legal framework is the first step. States parties should undertake a comprehensive review of the laws on accessibility in order to identify, monitor and address gaps in legislation and implementation. Disability laws often fail to include ICT in their definition of accessibility, and disability rights laws concerned with non-discriminatory access in areas such as procurement, employment and education often fail to include access to ICT and the many goods and services central to modern society that are offered through ICT. It is important that the review and adoption of these laws and regulations are carried out in close consultation with persons with disabilities and their representative organizations (art. 4, para. 3), as well as all other relevant stakeholders, including members of the academic community and expert associations of architects, urban planners, engineers and designers. Legislation should incorporate and be based on the principle of universal design, as required by the Convention (art. 4, para. 1 (f)). It should provide for the mandatory application of accessibility standards and for sanctions, including fines, for those who fail to apply them.
- 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
- Persons with disabilities
- Year
- 2014
Paragraph
Accessibility 2014, para. 39
- Paragraph text
- Without accessible transport to schools, accessible school buildings, and accessible information and communication, persons with disabilities would not have the opportunity to exercise their right to education (art. 24 of the Convention). Thus schools have to be accessible, as is explicitly indicated in article 9, paragraph 1 (a), of the Convention. However, it is the entire process of inclusive education that must be accessible, not just buildings, but all information and communication, including ambient or FM assistive systems, support services and reasonable accommodation in schools. In order to foster accessibility, education as well as the content of school curricula should promote and be conducted in sign language, Braille, alternative script, and augmentative and alternative modes, means and formats of communication and orientation (art. 24, para. 3 (a)), with special attention to the appropriate languages and modes and means of communication used by blind, deaf and deaf-blind students. 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 and guarantees their equality in the entire process of their education. Full implementation of article 24 of the Convention should be considered in conjunction with the other core human rights instruments as well as the provisions of the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cultural Organization.
- 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
Paragraph
Accessibility 2014, para. 48
- Paragraph text
- The monitoring of accessibility is a crucial aspect of the national and international monitoring of the implementation of the Convention. Article 33 of the Convention requires States parties to designate focal points within their governments for matters relating to the implementation of the Convention, as well as to establish national frameworks to monitor implementation which include one or more independent mechanisms. Civil society should also be involved and should participate fully in the monitoring process. It is crucial that the bodies established further to article 33 are duly consulted when measures for the proper implementation of article 9 are considered. Those bodies should be provided with meaningful opportunities to, inter alia, take part in the drafting of national accessibility standards, comment on existing and draft legislation, submit proposals for draft legislation and policy regulation, and participate fully in awareness-raising and educational campaigns. The processes of national and international monitoring of the implementation of the Convention should be performed in an accessible manner that promotes and ensures the effective participation of persons with disabilities and their representative organizations. Article 49 of the Convention requires that the text of the Convention be made available in accessible formats. This is an innovation in an international human rights treaty and the Convention on the Rights of Persons with Disabilities should be seen as setting a precedent in that respect for all future treaties.
- 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
- Persons with disabilities
- Year
- 2014
Paragraph
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador” 1988, para. 2
- Paragraph text
- 2. The State Parties undertake to adopt measures that will make the right to work fully effective, especially with regard to the achievement of full employment, vocational guidance, and the development of technical and vocational training projects, in particular those directed to the disabled. The States Parties also undertake to implement and strengthen programs that help to ensure suitable family care, so that women may enjoy a real opportunity to exercise the right to work.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 1988
Paragraph
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador” 1988, para. 3e
- Paragraph text
- 3. The States Parties to this Protocol recognize that in order to achieve the full exercise of the right to education: e. Programs of special education should be established for the handicapped, so as to provide special instruction and training to persons with physical disabilities or mental deficiencies.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 1988
Paragraph
Adolescent health and development in the context of the Convention of the Rights of the Child 2003, para. 19
- Paragraph text
- The Committee also stresses that in accordance with article 23 (3) of the Convention, the special rights of adolescents with disabilities should be taken into account and assistance provided to ensure that the disabled child/adolescent has effective access to and receives good quality education. States should recognize the principle of equal primary, secondary and tertiary educational opportunities for disabled children/adolescents, where possible in regular schools.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Adolescents
- Children
- Persons with disabilities
- Year
- 2003
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall endeavour to provide free and compulsory basic education to all, especially girls, rural inhabitants, minorities, people with disabilities and other marginalized social groups.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Girls
- Persons with disabilities
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- In addition, State Parties shall ensure the literacy of citizens above compulsory school age, particularly women, rural inhabitants, minorities, people with disabilities, and other marginalized social groups.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2007
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 3
- Paragraph text
- The State Parties to the present Charter shall use their available resources with a view to achieving progressively the full convenience of the mentally and physically disabled person to movement and access to public highway buildings and other places to which the disabled may legitimately want to have access to.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 1990
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
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
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
European Social Charter (Revised) 1996, para. 1
- Paragraph text
- With a view to ensuring to persons with disabilities, irrespective of age and the nature and origin of their disabilities, the effective exercise of the right to independence, social integration and participation in the life of the community, the Parties undertake, in particular: 1. to take the necessary measures to provide persons with disabilities with guidance, education and vocational training in the framework of general schemes wherever possible or, where this is not possible, through specialised bodies, public or private;
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 1996
Paragraph
European Social Charter (Revised) 1996, para. 1
- Paragraph text
- With a view to ensuring the effective exercise of the right to vocational training, the Parties undertake: 1. to provide or promote, as necessary, the technical and vocational training of all persons, including the handicapped, in consultation with employers' and workers' organisations, and to grant facilities for access to higher technical and university education, based solely on individual aptitude;
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 1996
Paragraph
European Social Charter (Revised) 1996, para. undefined
- Paragraph text
- With a view to ensuring the effective exercise of the right to vocational guidance, the Parties undertake to provide or promote, as necessary, a service which will assist all persons, including the handicapped, to solve problems related to occupational choice and progress, with due regard to the individual's characteristics and their relation to occupational opportunity: this assistance should be available free of charge, both to young persons, including schoolchildren, and to adults.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Youth
- Year
- 1996
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