A/HRC/55/45
of All Forms of Racial Discrimination (article 5) and the Convention on the Rights of Persons
with Disabilities (article 24).
5.
Of particular relevance to persons with albinism are the articles of the Convention on
the Rights of Persons with Disabilities, which highlight, inter alia, that States parties should
recognize the right of persons with disabilities to education without discrimination and should
ensure an inclusive education system at all levels of lifelong learning. As also set out in the
above-mentioned treaties, children with disabilities should not be excluded from free and
compulsory primary education or from secondary education on the basis of disability. The
Convention also provides crucial reference to reasonable accommodation, including access
to assistive devices on the basis of individual requirements, and sets out that learners should
receive the required support to ensure the effectiveness of their education within the general
education system. Support measures should be provided in environments that maximize
academic and social development. with full inclusion as the goal.
6.
The Committee on Economic, Social and Cultural Rights has also provided a
framework through which the right to education should be understood, comprising the
essential 4A features: availability; accessibility; adaptability; and acceptability. The four
indicators encapsulate the obligation of States parties to enforce the right to education. In that
context, learners with disabilities, including persons with albinism, should receive an
education that, inter alia, incorporates an expanded core curriculum, 7 including instructions
and guidelines specifically tailored to their needs.
7.
In terms of regional human rights standards, the right to education is also affirmed,
inter alia, in the African Charter on Human and Peoples’ Rights; the Association of Southeast
Asian Nations (ASEAN) Human Rights Declaration; the resolution of the European
Parliament of 2021 on the European Educational Area: a shared holistic approach; the Arab
Charter of Human Rights; and the Charter of the Organization of American States. Although
not yet in force, article 16 of the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Persons with Disabilities in Africa also provides important provisions
on the right to education.
8.
Sustainable Development Goal 4 of the 2030 Agenda for Sustainable Development
and the Education 2030 Framework for Action further demonstrate the commitment of States
to the right to education. The right to education is universally recognized in that it has been
assessed to be a norm of international customary law.8
B.
National laws and policies
9.
National laws and policies for learners in general also apply to learners with albinism.
Some countries, including Guinea (law No. 0016/AN of 2021) and Panama (law No. 210 of
2021), have adopted specific legislation on the rights of persons with albinism, which also
cover the right to education.
10.
Albinism, because of its attendant visual impairment and vulnerability to skin damage
from the sun, including skin cancer, falls within the framework of disability legislation and
policies. Some countries have made explicit references to the inclusion of learners with
albinism in mainstream schools in their disability laws. For example, in Ghana, the law on
persons with disabilities specifically recognizes persons with albinism as falling within the
remit of the law. It calls for inclusive education of persons with disabilities,
non-discrimination and reasonable accommodation in inclusive schools. 9 In Uganda, the
Persons with Disabilities Act, 2020 also specifically recognizes persons with albinism as
persons with disabilities and calls for inclusive education, as well as the provision of
reasonable accommodation and assistive devices for all learners with disabilities.
7
8
9
GE.23-25833
The expanded core curriculum comprises independent living skills, including self-determination skills
(self-advocacy skills, decision-making skills and understanding accessibility rights), orientation and
mobility skills and assistive technology skills, see www.prcvi.org/resources/the-expanded-corecurriculum.
A/HRC/53/27, para. 8.
Ghana, Persons with Disability Amendment Bill, 2020, sect. 18.
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