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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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The right to inclusive education 2016, para. 61b | Aug 19, 2019 | Paragraph | [A comprehensive and co-ordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. It must address issues of flexibility, diversity and equality in all educational institutions for all learners, and identify responsibilities at all levels of government. Key elements will include:] A clear definition of inclusion and the specific objectives it seeks to achieve at all educational levels. Inclusion principles and practices must be considered as integral to reform, and not simply an add-on programme. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Equal recognition before the law 2014, para. 22 | Aug 19, 2019 | Paragraph | All people risk being subject to "undue influence", yet this may be exacerbated for those who rely on the support of others to make decisions. Undue influence is characterized as occurring, where the quality of the interaction between the support person and the person being supported includes signs of fear, aggression, threat, deception or manipulation. Safeguards for the exercise of legal capacity must include protection against undue influence; however, the protection must respect the rights, will and preferences of the person, including the right to take risks and make mistakes. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2014 | ||
The right to inclusive education 2016, para. 41 | Aug 19, 2019 | Paragraph | With regard to international cooperation, and in line with SDG 4 and the Education 2030 Framework for Action, all bilateral and multilateral cooperation must advance inclusive and equitable quality education and promote lifelong learning opportunities for all, including support for capacity building, exchange and information sharing and best practices, research, technical and economic assistance, and facilitating access to accessible and assistive technologies. All data and spending of international assistance on education should be disaggregated by impairment. Consideration of an international coordination mechanism on inclusive education to operationalize SDG 4 and to build evidence, contribute to a better policy dialogue and monitor progress. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Accessibility 2014, para. 17 | Aug 19, 2019 | Paragraph | Article 9, paragraph 1, requires States parties to identify and eliminate obstacles and barriers to accessibility to, inter alia:
(a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces;
(b) Information, communications and other services, including electronic services and emergency services.
The other indoor and outdoor facilities, mentioned above, should include law enforcement agencies, tribunals, prisons, social institutions, areas for social interaction and recreation, cultural, religious, political and sports activities, and shopping establishments. Other services should include postal, banking, telecommunication and information services. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2014 | ||
The right to inclusive education 2016, para. 61a | Aug 19, 2019 | Paragraph | [A comprehensive and co-ordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. It must address issues of flexibility, diversity and equality in all educational institutions for all learners, and identify responsibilities at all levels of government. Key elements will include:] Compliance with international human rights standards. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
The right to inclusive education 2016, para. 61i | Aug 19, 2019 | Paragraph | [A comprehensive and co-ordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. It must address issues of flexibility, diversity and equality in all educational institutions for all learners, and identify responsibilities at all levels of government. Key elements will include:] All legislation that potentially impacts upon inclusive education within a country should clearly state inclusion as a concrete goal. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Equal recognition before the law 2014, para. 20 | Aug 19, 2019 | Paragraph | Article 12, paragraph 4, outlines the safeguards that must be present in a system of support in the exercise of legal capacity. Article 12, paragraph 4, must be read in conjunction with the rest of article 12 and the whole Convention. It requires States parties to create appropriate and effective safeguards for the exercise of legal capacity. The primary purpose of these safeguards must be to ensure the respect of the person's rights, will and preferences. In order to accomplish this, the safeguards must provide protection from abuse on an equal basis with others. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2014 | ||
The right to inclusive education 2016, para. 27 | Aug 19, 2019 | Paragraph | Paragraph 2 (c) requires States parties to provide reasonable accommodation, for individual students to enable them to access an education on an equal basis with others. "Reasonableness" is understood as the result of a contextual test that involves an analysis of the relevance and the effectiveness of the accommodation, and the expected goal of countering discrimination. The availability of resources and financial implications is recognized when assessing disproportionate burden. The duty to provide reasonable accommodation is enforceable from the moment it is requested. Policies that commit to reasonable accommodation must be adopted at national, local and education institution levels, and at all levels of education. The extent to which reasonable accommodation is provided must be considered in light of the overall obligation to develop an inclusive education system, maximising the use of existing resources and developing new ones. Using the lack of resources and financial crises as justification for failure to make progress towards inclusive education violates article 24. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
The right to inclusive education 2016, para. 28 | Aug 19, 2019 | Paragraph | The Committee reiterates the distinction between the general accessibility duty and the obligation to provide reasonable accommodation. Accessibility benefits groups of the population and is based on a set of standards that are implemented gradually. Disproportionality or undue burden cannot be claimed to defend the failure to provide accessibility. Reasonable accommodation relates to an individual and is complementary to the accessibility duty. An individual can legitimately request reasonable accommodation measures even if the State party has fulfilled its accessibility duty. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
The right to inclusive education 2016, para. 61g | Aug 19, 2019 | Paragraph | [A comprehensive and co-ordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. It must address issues of flexibility, diversity and equality in all educational institutions for all learners, and identify responsibilities at all levels of government. Key elements will include:] Introduction of accessible monitoring mechanisms to ensure that policy, together with the requisite investment, is implemented. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
The right to inclusive education 2016, para. 61h | Aug 19, 2019 | Paragraph | [A comprehensive and co-ordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. It must address issues of flexibility, diversity and equality in all educational institutions for all learners, and identify responsibilities at all levels of government. Key elements will include:] Recognition of the need for reasonable accommodations to support inclusion, based on human rights standards, rather than on the efficient use of resources, together with sanctions for failure to provide reasonable accommodation. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
The right to inclusive education 2016, para. 40 cont. | Aug 19, 2019 | Paragraph | States parties must adopt and implement a national educational strategy which includes provision of education at all levels for all learners, on the basis of inclusion and equality of opportunity. The educational objectives elaborated in article 24, paragraph 1, place equivalent obligations on States parties and must therefore be regarded on a comparable basis of immediacy. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Equal recognition before the law 2014, para. 25 | Aug 19, 2019 | Paragraph | In order to fully recognize "universal legal capacity", whereby all persons, regardless of disability or decision-making skills, inherently possess legal capacity, States parties must abolish denials of legal capacity that are discriminatory on the basis of disability in purpose or effect. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2014 | ||
The right to inclusive education 2016, para. 12f | Aug 19, 2019 | Paragraph | [The core features of inclusive education are:] Learning-friendly environment: Inclusive learning environments must create an accessible environment where everyone feels safe, supported, stimulated and able to express themselves, with a strong emphasis on involving students themselves in building a positive school community. Recognition is afforded to the peer group in learning, building positive relationships, friendships and acceptance. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Accessibility 2014, para. 2 | Aug 19, 2019 | Paragraph | Article 25 (c) of the International Covenant on Civil and Political Rights enshrines the right of every citizen to have access, on general terms of equality, to public service in his or her country. The provisions of this article could serve as a basis to incorporate the right of access into the core human rights treaties. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2014 | ||
The right to inclusive education 2016, para. 10d | Aug 19, 2019 | Paragraph | [Inclusive education is to be understood as:] the result of a process of continuing and pro-active commitment to eliminate barriers impeding the right to education, together with changes to culture, policy and practice of regular schools to accommodate and effectively include all students. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
The right to inclusive education 2016, para. 61c | Aug 19, 2019 | Paragraph | [A comprehensive and co-ordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. It must address issues of flexibility, diversity and equality in all educational institutions for all learners, and identify responsibilities at all levels of government. Key elements will include:] A substantive right to inclusive education as a key element of the legislative framework. Provisions, for example, which define certain categories of students as 'uneducable' must be repealed. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Accessibility 2014, para. 8 | Aug 19, 2019 | Paragraph | The report, Making Television Accessible, published in 2011 by the International Telecommunication Union in cooperation with the Global Initiative for Inclusive Information and Communication Technologies, highlights that a significant proportion of the one billion people who live with some form of disability are unable to enjoy the audiovisual content of television. This is due to the inaccessibility of content, information and/or devices necessary for them to access those services. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2014 | ||
The right to inclusive education 2016, para. 5 | Aug 19, 2019 | Paragraph | States parties must have regard for the underlying general principles of the Convention in all measures undertaken to implement inclusive education and must ensure that both the process and outcomes of developing an inclusive education system comply with article 3. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
The right to inclusive education 2016, para. 10b | Aug 19, 2019 | Paragraph | [Inclusive education is to be understood as:] A principle that values the well-being of all students, respects their inherent dignity and autonomy, acknowledges individual requirements and ability to effectively be included in and contribute to society. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
The right to inclusive education 2016, para. 34f | Aug 19, 2019 | Paragraph | Learners with intellectual impairments must be provided with concrete, observable/visual and easy-read teaching and learning materials within a safe, quiet and structured learning environment, targeting capacities that will best prepare student for independent living and vocational contexts. States parties should invest in inclusive interactive classrooms using alternative instructional strategies and assessment methods. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 |
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