Thematic study on the right of persons with disabilities to education

Report of the Office of the United Nations High Commissioner for Human Rights.

Human Rights Council. 25th session. Agenda items 2 and 3. Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and of the Secretary-General. Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

SUMMARY. This study examines inclusive education as a means to make the universal right to education effective, including for persons with disabilities. It analyzes the relevant provisions of the Convention on the Rights of Persons with Disabilities, highlights good practices, and considers the challenges and strategies for creating inclusive education systems.

Index

I. Introduction.
II. The right to inclusive education as a human right.
- A. Inclusion as a fundamental principle of education.
- B. Regulatory evolution of the right to inclusive education.
III. The right of persons with disabilities to inclusive education.
- A. Non-rejection clause.
- B. Right to free, quality, inclusive education.
- C. Accessibility and removal of barriers.
- D. Reasonable adjustments in education.
- E. Support.
- F. Equality of opportunity.
- G. Vocational training and capacity building.
- H. Lifelong learning.
IV. National Implementation.
V. International Cooperation.
VI. Conclusions and Recommendations.

II. Introduction

1. In its resolution 22/3, the Human Rights Council requested the Office of the United Nations High Commissioner for Human Rights (OHCHR) to prepare a study on the right of persons with disabilities to education, in consultation with States and other relevant stakeholders, such as the United Nations Children’s Fund (UNICEF), the United Nations Educational, Scientific and Cultural Organization (UNESCO), regional organizations, the Special Rapporteur on disability of the Commission for Social Development, civil society organizations, including organizations of persons with disabilities, and national human rights institutions. The resolution also requested that the study be published in an accessible format on the OHCHR website before the twenty-fifth session of the Human Rights Council.

2. To this end, OHCHR invited Member States, UNICEF, UNESCO, regional organizations, civil society organizations and organizations of persons with disabilities, the Special Rapporteur on disability of the Commission for Social Development and national human rights institutions to make contributions, sending them a series of questions related to the education of persons with disabilities. As a result, OHCHR received 39 responses from States, 12 from national human rights institutions and 31 from civil society organizations and other stakeholders. The full text of all contributions received is available on the OHCHR website 1.

II. The right to inclusive education as a human right

A. Inclusion as a fundamental principle of education

3. The right to education is a universal right recognized by international human rights law and, as such, applies to all persons, including persons with disabilities. Several international instruments, including the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of the Child, affirm the basic principles of universality and non-discrimination in the enjoyment of the right to education. 2 Inclusive education has been recognized as the most appropriate modality for States to guarantee universality and non-discrimination in the right to education. The Convention on the Rights of Persons with Disabilities states that, in order for these persons to exercise this right, inclusive education systems must exist; consequently, the right to education is a right to inclusive education.

4. Generally, education systems have adopted one of the following three approaches to students with disabilities: exclusion, segregation, and integration. Exclusion occurs when a student is kept out of school due to a disability, without being offered an educational option on equal terms with other students. In this approach, the student with a disability is prevented from entering the education system due to their age, developmental level, or diagnosis and is placed in a social or health care setting, without access to education. Segregation takes place when a student with these characteristics is referred to an educational institution specifically designed to respond to a particular disability, usually within a special education system. Finally, integration consists of students with a disability attending a mainstream school 3, as long as they can adapt and meet the school’s standardized requirements. The integration approach focuses exclusively on strengthening the student’s ability to meet established standards 4.

5. Approaches that exclude, segregate or integrate people with a disability can coexist in the same country and affect other people, in addition to people with disabilities. The inclusive education approach has emerged in response to these discriminatory approaches. As stated in its preface, the Salamanca Statement and Framework for Action on Special Needs Education (“Salamanca Statement”) is inspired by the “recognition of the need to act with a view to achieving ‘schools for all’ – that is, institutions that include everyone, celebrate differences, support learning and respond to each individual’s needs.” According to the Salamanca Statement, inclusive education systems 5 are those in which schools use “a child-centered pedagogy capable of successfully educating all children, including those with severe disabilities” (Framework for Action, para. 3). The Declaration also advocates for a change in social perspective. As noted by the former Special Rapporteur of the Commission for Social Development responsible for monitoring the implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, all children and young people in the world, each with their own strengths and weaknesses, hopes and expectations, have the right to education. It is not our education systems that have the right to certain types of children. Therefore, a country’s school system must adapt to meet the needs of all children 6.

6. The evolution towards an inclusive approach to education was reflected in the 1990 World Conference on Education for All, which recognized the problem of the exclusion of students with disabilities from school systems. The need for integration in mainstream schools had already been recognized in the Warnock Report in 1978 (7). With the approval, in 1993, of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, integration was introduced, but it was not until 1994 that, in the Salamanca Statement, signed by 92 governments, inclusive education was advocated. The Statement called for mainstream schools to provide quality education to all students, including those with disabilities, without discrimination on the grounds of their special support needs (p. viii). The 2000 Dakar Framework for Action on Education for All highlighted the fact that education systems must be inclusive and respond flexibly to the circumstances and needs of all learners 8. The 2005 UNESCO Guidelines for Inclusion emphasize that the central element of inclusive education is the human right to education 9. In 2006, and based on this background, the Convention on the Rights of Persons with Disabilities gave a legally binding character to the concept of an “inclusive education system,” which was recognized as the only means to guarantee the right to education for all students, including persons with disabilities, without discrimination and on an equal footing with other students. In other words, the Convention stressed that the right to education is, in reality, the right to inclusive education.

7. Inclusion is a process that recognizes: a) the obligation to remove barriers that restrict or impede participation; and b) the need to modify the culture, policy, and practice 10 of mainstream schools to take into account the needs of all students, including those with a disability. Inclusive education involves transforming the school system and ensuring that interpersonal relationships are based on fundamental values that allow the full learning potential of all people to be realized. It also implies effective participation, personalized instruction, and inclusive pedagogies. Among the main values of inclusive education are equality, participation, non-discrimination, the celebration of diversity, and the exchange of good practices. The inclusive approach values students as individuals, respects their inherent dignity, and recognizes their needs and their ability to make a contribution to society. It also considers that difference provides an opportunity to learn and recognizes that the relationship between the school and the community at large is a basis for creating inclusive societies with a sense of belonging (not only for students, but also for teachers and parents).

8. Inclusive education is important from a social perspective because it offers a solid platform for combating stigmatization and discrimination. A mixed teaching environment that includes people with disabilities allows their contributions to be valued and prejudices and misconceptions to be progressively confronted and eliminated. Inclusive education also fosters quality education for all, promoting broader curricula and teaching strategies that contribute to the overall development of aptitudes and skills. This link between teaching and development, when it includes diverse participants with different abilities, introduces new perspectives for achieving goals and self-esteem, empowering individuals to create a society based on mutual respect and rights.

9. The realization of the right to education is a necessary condition for social and economic inclusion and full participation in society. Consequently, it has been recognized that the right to education is an example of the indivisibility and interdependence of all human rights due to its primary function in the full and effective exercise of other rights. 11. Structured education allows for obtaining an official degree, increasingly sought after in today’s open labor market. For this reason, it is necessary for persons with disabilities to obtain degrees and study certificates on an equal footing with other students in order to compete and be part of the workforce. This is even more important when considering that persons with disabilities experience disproportionately high unemployment rates due to discrimination. 12. Furthermore, improving the employment prospects of persons with disabilities reduces social welfare costs and contributes to economic growth. The negative effects of unemployment among persons with disabilities on gross domestic product 13 could be reduced by ensuring their access to inclusive education systems.

B. Regulatory evolution of the right to inclusive education

1. Inclusive education in international human rights treaties and legal instruments

10. The right to education was recognized as a fundamental human right in Article 26 of the Universal Declaration of Human Rights and was subsequently enshrined in various legal instruments that expanded its scope and clarified the obligations of States. This process ultimately led to the recognition, in the Convention on the Rights of Persons with Disabilities, that inclusive education was the best modality for making the universality of that right effective. The Convention against Discrimination in Education, the International Convention on the Elimination of All Forms of Racial Discrimination, and the International Covenant on Economic, Social and Cultural Rights represented progress towards achieving that goal.

11. The right to education, as expressed in Article 13 of the Covenant, implies: a) compulsory and free primary education for all; b) secondary education, including vocational and professional education, and higher education available and equally accessible to all through the progressive implementation of free education; c) the promotion of fundamental education for adults who have not received or completed the full cycle of primary instruction; and d) the development of the school system, the creation of a scholarship system, and programs to continuously improve the working conditions of the teaching staff. The Covenant recognizes the right of parents or guardians to choose the type of education that is suitable for their children or wards, provided that it meets minimum standards in matters of education.

12. Education, in all its forms and at all levels, must have four fundamental and interrelated characteristics, namely: availability, accessibility, acceptability, and adaptability 14 (often known as the “4 A’s” for their English initials). Availability means that educational institutions must exist in sufficient quantity; accessibility requires that these institutions be accessible, both physically and economically, to all persons without discrimination; acceptability means that the form and substance of education must be relevant, culturally appropriate, and of good quality and, therefore, acceptable to students and, where applicable, to parents. And, finally, adaptability requires that education must be flexible enough to adapt to the changing realities and needs of students in varied social and cultural contexts. Adaptability also implies the need to create schools capable of satisfactorily educating all children and, therefore, it is one of the basic principles of inclusive education.

13. Although the Covenant provides for the progressive realization of rights and acknowledges difficulties caused by resource scarcity, Article 13 sets out some general and specific legal obligations that are of immediate effect, such as the elimination of discriminatory provisions and the implementation of primary education for all. Failure to comply with these obligations constitutes a direct violation of the right to education. 15. The non-discrimination provision in the Covenant requires a reduction of structural barriers and sets the goal of achieving effective participation and equality for all persons with disabilities. This provision recognizes that the best way to provide education to persons with disabilities is within the general education system, and the Covenant contains an implicit call for States to include persons with disabilities in mainstream education and lifelong learning. 16.

14. Other international human rights treaties, such as the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Their Families, have addressed the specific implications of the enjoyment of the right to education for certain groups. 17. The right to education has also been recognized in international legal instruments relating to the law of refugees and international humanitarian law, as well as in various conventions of the International Labour Organization (ILO).

15. Regional human rights systems have also recognized the right to education, for example in the African Charter on Human and Peoples’ Rights, the American Convention on Human Rights and its First Protocol additional to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, and the Inter-American Convention for the Elimination of All Forms of Discrimination against Persons with Disabilities.

16. The Committee on the Rights of the Child has promoted the right to inclusive education by adopting as basic principles the maximum inclusion of children with disabilities in society (and in education) and their right to education without any discrimination and on the basis of equal opportunities.18 Discrimination undermines the ability of children with disabilities to benefit from educational opportunities and compromises the objective of developing their personality, and their mental and physical talents and aptitudes to the fullest.19 Consequently, assistance must be provided to ensure access to education in a way that promotes the achievement of these objectives. Sufficient resources must be allocated to cover all relevant needs, including the implementation of programs aimed at including children with disabilities in general education.20

17. The Committee on the Rights of the Child has embraced the concept of inclusive education as the set of values, principles, and practices that seek to achieve a full, effective, and quality education for all students, and that do justice to the diversity of learning conditions and needs not only of children with disabilities, but of all students 21.

2. Article 24 of the Convention on the Rights of Persons with Disabilities

18. En el artículo 24 de la Convención se reafirma el derecho de las personas con discapacidad a la educación y se señala que la educación inclusiva es el medio de hacer efectivo el derecho universal a la educación para las personas con discapacidad. La Convención es el primer instrumento jurídico vinculante que contiene una referencia explícita al concepto de educación inclusiva. Al igual que la Convención sobre la eliminación de todas las formas de discriminación contra la mujer y la Convención sobre los Derechos del Niño, la Convención sobre los derechos de las personas con discapacidad no establece un nuevo derecho, sino que aclara las implicaciones específicas del disfrute por las personas con discapacidad del derecho a la educación “sin discriminación y sobre la base de la igualdad de oportunidades”. En ese artículo se establece que los Estados partes deben asegurar un sistema educativo inclusivo a todos los niveles, así como la enseñanza a lo largo de la vida (párr. 1). Los párrafos 2 a 5 del artículo 24 ofrecen orientación sobre las medidas necesarias para establecer un sistema educativo de ese tipo 22. Es importante señalar que las disposiciones contenidas en los artículos deben considerarse en su integralidad y no por separado. El artículo 24 está relacionado con los demás artículos de la Convención, de los que también depende, y debe leerse teniendo en cuenta los principios generales enunciados en el artículo 3. El artículo 24 debe leerse junto con el artículo 19 (derecho a vivir de forma independiente y a ser incluido en la comunidad), ya que el requisito de un sistema educativo inclusivo es también una condición necesaria para la plena inclusión y la participación en la comunidad y para evitar el aislamiento o separación de las personas con discapacidad.

19. The objectives of education referred to in article 24, paragraph 1, are not specific to or related to disability. The article reflects the general objectives proclaimed in the International Covenant on Economic, Social and Cultural Rights and enshrined in the Convention on the Rights of the Child, namely the development of human potential and sense of dignity (article 24 also refers to the sense of “self-esteem”), respect for human rights (article 24 adds “and human diversity”), the fullest possible development of personality, talents and abilities of persons and effective participation in a free society.

20. Article 24, paragraph 2, states that persons with disabilities must not be excluded from the general education system, which implies that mainstream schools do not reject students because of a disability (art. 24, para. 2 (a)). States are also requested to ensure that persons with disabilities can access inclusive, quality, free primary and secondary education on an equal basis with others. The concepts of accessibility and adaptability are especially relevant in this regard. Accessibility is reinforced in article 9 of the Convention, according to which States Parties shall take appropriate measures to ensure access for persons with disabilities. 23. Adaptability is a fundamental element in any comprehensive review of an education system to achieve inclusive schools.

21. In Article 24, paragraph 2(c), States Parties are called upon to ensure that reasonable accommodation, as defined in Article 2 of the Convention, is made, based on an individual assessment, to guarantee the enjoyment of human rights. It is important to emphasize that, according to the Convention, the denial of reasonable accommodation constitutes discrimination on the grounds of disability and is therefore prohibited with immediate effect. Under Article 24, paragraph 2(d) and (e), States Parties are obliged to provide necessary support and offer personalized support measures.

22. Article 24, paragraph 3, focuses on equal opportunities for persons with disabilities, with particular attention to the needs of persons who share a common type of impairment. States Parties are called upon to provide persons with disabilities with the opportunity to learn life skills and social development, so that they may participate fully and on an equal basis in education and in their community. This includes facilitating the learning of Braille, sign language, and other modes and formats of communication, as well as orientation and mobility skills. In the case of deaf persons, the promotion of linguistic identity is requested. This provision aims to ensure that persons facing communication barriers are not excluded from the general education system and receive instruction in appropriate languages, modes, and means of communication in environments that allow them to achieve their maximum academic and social development.

23. Article 24, paragraph 4, states that for general education systems to be inclusive, teachers qualified in sign language and/or Braille must be employed. Furthermore, professionals and staff working at all educational levels must receive training that enables them to become aware of disability and learn the use of appropriate communication and education techniques and materials.

24. Article 24, paragraph 5, refers to general access to higher education, vocational training, adult education, and lifelong learning. It reaffirms the right of persons with disabilities to access these opportunities, without discrimination and on an equal basis with others. This implies both the need for general accessibility and the introduction of reasonable accommodations.

25. In its concluding observations, the Committee on the Rights of Persons with Disabilities has called on States parties to guarantee and make effective the right to inclusive education.24 The Committee has promoted a gender approach in the implementation of Article 24.25 It has also recommended that Roma children,26 Afro-descendants,27 indigenous people, and those living in rural areas28 be included in mainstream schools. The Committee has on various occasions expressed the view that mainstream schools should be favored over special schools.29

III. The right of persons with disabilities to inclusive education

A. Clause against rejection

26. The right of persons with disabilities to be educated in mainstream schools is enshrined in Article 24, paragraph 2 (a), which states that persons with disabilities may not be excluded from the general education system on the grounds of disability. As a measure against discrimination, the “clause against rejection” takes immediate effect and is reinforced by reasonable adjustments. It is advisable for education laws to include an explicit clause against rejection that prohibits the denial of admission to mainstream schools and guarantees educational continuity. Deficit-based assessments for school placement should be eliminated, and support needs for effective participation in mainstream school should be analyzed. For example, in New Brunswick (Canada), there is a school policy that states that students cannot be excluded from mainstream education 30 and that guarantees inclusive education.

27. The legal framework for education must require that all possible measures be taken to prevent exclusion. Some education systems establish specific mechanisms that have the effect of excluding some students, for example, by setting age limits for completing courses. Legislation that supports these systems and those that openly exclude students from education due to a disability must be amended.

B. Right to inclusive, free, and quality education

28. The adoption of an inclusive education system does not mean that the education is of lower quality; on the contrary, the implementation of quality education is a central element of the recommended measures. Quality education is related to the concept of acceptability, and UNESCO has recommended five dimensions to promote this objective: respect for rights, equity, relevance, pertinence, and efficiency and effectiveness 31.

29. The human right to education highlights the principles of free and compulsory primary education and, progressively, of free secondary and higher education that is accessible to all without discrimination. Non-discrimination can eliminate exclusion and expulsion from education, promoting participation in decision-making.

30. In the context of education, equity means that every student can benefit from the opportunities offered by the system. Consequently, education systems must offer substantive equality linked to outcomes. Equity must be guaranteed in access, process, and outcomes.

31. Education must be relevant, in accordance with the objectives attributed to it by society, and must fulfill the purposes expressly stated in Article 24, paragraph 1, of the Convention on the Rights of Persons with Disabilities. By emphasizing the need for education to be relevant, UNESCO recommends the application of the four pillars established in the Delors Report (learning to know, to do, to be, and to live together) 32.

32. Relevant and meaningful education must allow for the development of autonomy, self-governance, and identity, adapting to the student’s needs. This implies moving beyond homogeneity and embracing the pedagogy of diversity.

33. Effectiveness and efficiency are characteristics of quality education. Education must be effective in translating the right to quality education into actual practices, and efficient in recognizing and respecting students’ efforts, not just their results.

34. Inclusive education requires inclusive assessment methods. Cognitive learning is an indicator of quality education, but it is not the only one. Assessment methods must be based on the proposed objectives for education and take into account the different dimensions that define quality education.

C. Accessibility and elimination of barriers

35. One of the main obligations of States Parties to the Convention on the Rights of Persons with Disabilities, set out in Article 9, is to ensure accessibility. Persons with disabilities often face obstacles to physical access and communication, or barriers due to socioeconomic factors and attitudes. This can, in turn, have a negative impact on their access to the physical environment, knowledge, educational materials, and information. The study and elimination of these barriers are a necessary condition for inclusive education.

36. Measures to eliminate physical and communication barriers have generally focused on modifying infrastructure, providing accessible transport services, introducing communication aids, and promoting universal design.

37. To address socioeconomic barriers, States may provide financial aid or incentives to students with disabilities. It is important to note that free primary education for all implies that accessibility measures must also be free. Finland’s Basic Education Act is a good example of this, as it provides that students with disabilities also have the right to free interpretation and assistance services to participate in education.

38. Barriers arising from the attitudes of teachers, other students, and families can be considerable and are often difficult to overcome. It is important to note that in Norway, for example, the Education Act recognizes that accessibility measures must address both the physical and psychosocial environment. The awareness-raising measures provided for in Article 8 of the Convention on the Rights of Persons with Disabilities can help eliminate such barriers.

39. The obligation to guarantee accessibility must be a legal requirement and be backed by sufficient funding. Furthermore, schools can receive higher budget allocations per student for having students with disabilities (e.g., in Mongolia, this allocation is three times higher) in order to cover accessibility-related expenses. There are good examples of interventions at different scales, from large-scale projects (such as the National Program 700 Schools in Argentina) to pilot projects, for example in Georgia 33. While the implementation of accessibility measures usually falls to local administrations, it is necessary to establish national standards 34.

40. Ensuring accessibility means adopting sufficient measures so that all students can participate profitably. Accessibility should also inspire the design of education policies. If respected, it will progressively lead to the existence of a greater number of inclusive schools. Some education systems establish indicators to quantify progress in the implementation of accessibility measures. These indicators should also cover difficulties related to access to communication.

D. Reasonable adjustments in education

41. Reasonable accommodations are defined in the Convention on the Rights of Persons with Disabilities as a measure against discrimination that must be applied with immediate effect 35. The purpose of this measure is to ensure that every person with a disability has access to education in the existing system on an equal footing with others. The denial of reasonable accommodations constitutes a violation of the Convention.

42. Inclusive education systems are designed to serve a diverse student body; however, even the most advanced inclusive education systems may have design gaps due to the specific needs of students. In such a situation, an inclusive system should review its practice to determine if those gaps can be remedied systemically or through reasonable accommodations. A fund for reasonable accommodations should be established to resolve these situations.

43. The concept of reasonable accommodations is a common concept in certain legal systems. The result of an objective test, which involves analyzing the availability of resources as well as the relevance of the accommodation and the expected objective of combating discrimination, is considered “reasonable.” The Committee on the Rights of Persons with Disabilities has not yet established, in its jurisprudence, the standards by which these tests should be governed.

44. The Committee on Economic, Social and Cultural Rights has developed guidelines on the obligation to take measures to implement the International Covenant on Economic, Social and Cultural Rights to the maximum of its available resources 36, including to make the right to education effective. This guidance regarding the “reasonableness” criterion may be relevant to the Convention on the Rights of Persons with Disabilities until the Committee on the Rights of Persons with Disabilities develops its own guideline regarding the standards governing reasonable accommodation under the Convention. It would also be advisable for States to establish inter-parliamentary cooperation in order to advance legislation and judicial guidance to directly apply the non-discrimination clause of reasonable accommodation. There are examples of good practices in countries such as Australia, Canada, Spain, the United States of America, the Philippines, Ireland, Israel, New Zealand, the United Kingdom, South Africa, Sweden, and Zimbabwe, as well as in the European Union 37.

E. Support

45. The existence of adequate support is a fundamental characteristic of inclusive education. It is expressly mentioned in Article 24, paragraph 2 d) and e), of the Convention on the Rights of Persons with Disabilities and in other articles thereof. Adequate support is also complementary to and linked with accessibility measures.

46. Support can take various forms, although it should always consider individual needs. Some education systems use the concept of Universal Design for Learning in their inclusion policies to encompass both structural and individual support. This is the case in New Brunswick (Canada). However, integration systems can also use personalized plans. Personalized attention should be considered a central feature of inclusive education. Finland’s Basic Education Act is an example of this, as it guarantees the right to a personalized teaching plan for all students who need regular support for learning.

47. A central element of personalized teaching plans is the participation of professionals, parents, and the student 38. These plans are aimed at ensuring that each student lives, studies, and acts autonomously, with the necessary support, taking their abilities into account. School principals in Belgium have requested that, when necessary, a “support panel” evaluate the personal situation before deciding on the required support measures. Personalized plans should be updated periodically based on achievable goals and written in clear language.

48. There are numerous support measures based on personalized education plans, ranging from compensatory technical aids, auxiliary didactic materials and information and assistive technology to special educational procedures. One of the most important measures is the designation of a teaching assistant, shared or exclusive, depending on the student’s needs. It is important to highlight that this non-exhaustive list includes an open series of support measures reflected in Article 24, paragraph 2 d) and e) of the Convention.

49. All these measures must be supported by sufficient allocation of resources in the state budget. In Ireland, 15% of the total education budget is allocated to providing support in mainstream schools. Even when economic limitations have prevented the full implementation of all options, states have found creative solutions. In Guatemala, there are groups of itinerant pedagogical advisors who visit mainstream schools to offer guidance and advice. The transformation of special schools into resource centers, as part of the process of converting the segregated education system into an inclusive one, can be extremely useful in this regard.

F. Equal opportunities

50. Article 24, paragraph 3, of the Convention on the Rights of Persons with Disabilities refers to a series of necessary measures for persons with disabilities and, in particular, for certain specific groups, so that they can participate in the education system and in society. States Parties shall facilitate the learning of Braille and alternative writing systems, various modes, means and formats of augmentative and alternative communication, and orientation and mobility skills, as well as peer mentoring and support, in addition to the learning of sign language and the promotion of the linguistic identity of the Deaf community. Chile and the Czech Republic have frameworks that incorporate many of these measures, while Cuba and Norway offer sign language interpretation in mainstream schools.

51. Article 24, paragraph 3, also emphasizes that States must ensure that education is provided in appropriate languages, modes, and means of communication for each person and in environments that enable students to achieve their maximum academic and social development. Current education systems must establish an inclusive approach to education to transform mainstream schools into learning environments suitable for all students, including those who are blind, deaf, or deafblind. Enhanced inclusive measures must be adopted to promote bilingual education, not only to integrate deaf students but also hearing students, so that they can be part of the inclusive process. The expression “environments that enable maximum academic and social development” should not be understood as separate environments, but as the obligation of States to improve the inclusion process in mainstream schools. Assigning students to mainstream schools is not enough; sufficient support and effective participation are also required 39. For example, deaf students must have access to communities that use sign language for correct communication. All students in mainstream schools should have access to sign language instruction to improve the inclusion of the deaf community. At the same time, students with visual or other impairments need accessibility and support measures that respond to their needs.

G. Vocational training and capacity building

52. Teachers are an important resource when establishing an inclusive education system. Article 24, paragraph 4, highlights the need to train teaching staff so they can support students with disabilities and act as an active resource for quality education. Integrated education systems have already begun to offer a framework for training on integration focused on inclusion. Australia and Cuba have training programs to facilitate access for students with disabilities to educational centers.

53. Pre-service training on the inclusive approach to education is fundamental to prepare new teachers to work with a diverse group of students and use diversity as an opportunity to teach and learn. In-service training is not only necessary to meet the needs of students who are part of (or could be part of) the education system, but also to achieve a positive transformation of the system. France and Colombia offer teachers this type of pre-service and in-service training.

54. Barriers to teaching must be addressed appropriately. Support must be provided to teachers so they can teach all students, including those with disabilities. Training should be offered on teaching strategies for managing courses with students from different backgrounds and with different characteristics. Teachers must be able to reflect on their experience and practice in order to revise their methodologies and course design with a view to improving inclusion.

H. Lifelong learning

Lifelong learning is a necessary element to guarantee the right to education. Article 24, paragraph 5, calls for higher education, vocational training, adult education and lifelong learning on an equal basis with others. This provision is important because it highlights the need for higher education to respond to the learning needs of each student based on their age. It emphasizes that the progress of persons with disabilities in the right to education cannot be restricted because they have been diagnosed with a disability. To reinforce this provision, other parts of the Convention reiterate the obligation to introduce reasonable adjustments to guarantee this right.

IV. National implementation

56. Inclusive education systems are the result of complex processes that must be addressed systemically. The systemic transformation of the teaching regime must include: a) the approval of an inclusive education law that contains a clear definition of this type of education and an “anti-rejection” clause that protects against discrimination and contemplates reasonable adjustments; and b) the development of a transformation plan to create the necessary conditions for inclusion. As a first step, barriers at the level of laws and policies must be addressed. The innovative nature of the human rights-based approach to disability and the inclusive approach to education must be promoted as education systems invest in practices that contribute to the development of inclusive education systems.

57. The process of developing an inclusive education law can be enriching, especially if it is participatory. It is advisable to collaborate with all relevant stakeholders to decide on the design and facilitate the implementation of an inclusive education system. In order to also involve people with little information about the human rights-based approach to education, capacity-building activities must be carried out.

58. The centralization of education in the Ministry of Education is convenient. The process of transformation towards inclusive education requires central coordination to maximize existing resources, adapt norms and procedures, and ensure that the function of the competent ministries aligns with a rights-based approach rather than charity or medical approaches. Centralization does not exclude local jurisdictions, as their intervention promotes better participation of all directly affected parties, as required by Article 4, paragraph 3, of the Convention.

59. Some systems provide different budgets for mainstream schools and special schools. Merging budgets into an inclusive strategy is a useful tool to support changes towards an inclusive education system. Serious political will and authority are required to overcome institutional resistance to these changes.

60. The transformation of special schools into resource centers for inclusion is important. Some integration systems have already incorporated this measure into their legislation. In Chile, Norway, and Spain, resources for special education can support mainstream schools in the integration process. Georgia and Costa Rica have projects to provide integration services to advance towards inclusion. It is desirable that resource centers be part of an inclusive framework under the control of the Ministry of Education.

61. The best way to learn to include is by doing it. Students with disabilities should be transferred to mainstream schools in order to reinforce the understanding that inclusive education systems need a transformation plan and should be a fundamental element of it. Belgium and Georgia have progressively introduced programs to transfer students with disabilities to general education.

62. The application requires both measurable human rights-based objectives and adequate data collection processes. In order to measure progress in the full realization of the right to inclusive education, it is recommended to develop monitoring frameworks with structural, process, and outcome indicators, and with specific benchmarks and targets for each indicator 40. Structural indicators should measure obstacles to inclusive education and not be limited to collecting data disaggregated by disability 41. Process indicators allow for a better understanding of the progress made in the transformation, for example by determining the number of teachers qualified in inclusive teaching strategies, the number of schools offering access facilities, and the number of students with disabilities transferring from special schools to mainstream schools. Likewise, outcome indicators should be established, which could include the percentage of students with disabilities in mainstream schools who have started basic education and graduated, and the percentage of students admitted to secondary education. The quality of education should also be evaluated from the perspective of the different elements mentioned in paragraph 28 supra. Furthermore, it is advisable to measure affirmative actions, such as quotas or incentives.

63. Remedies and redress for infringement are important elements of the national implementation process. Relevant legislation should include effective remedies and other appropriate complaint procedures. Flemish Parliament laws on primary and secondary education provide for mediation when admission to a mainstream school is denied, and offer appeal remedies when mediation fails. Ultimately, sanctions can be imposed. Belgian anti-discrimination legislation includes criminal sanctions when a reasonable accommodation, mandatory in the field of education, is voluntarily denied. A prerequisite for initiating a complaint or seeking redress is the full implementation of Article 13 of the Convention on the Rights of Persons with Disabilities, relating to access to justice. States that are not yet parties to the Optional Protocol to the Convention should consider ratifying it, to make it possible to submit individual communications.

64. The monitoring and implementation system of Article 33 of the Convention is a fundamental resource for promoting the agenda of inclusive education. National human rights institutions and mechanisms designed to monitor the Convention have collected data on the denial of access to mainstream education, prepared studies and surveys on exclusion and barriers, promoted quality education, and recommended legislative and policy reforms 42. Civil society groups, including organizations of persons with disabilities, have effectively influenced progress towards inclusive education 43. The role of civil society is essential for implementation, including in international monitoring, as is the case with information on the situation in China 44, promoting regulatory flexibility, for example in Buenos Aires 45, contributing to policy formulation, as in the Lao People’s Democratic Republic 46, campaigns for inclusion 47, or sign language teaching.

V. International cooperation

65. The Convention on the Rights of Persons with Disabilities includes a separate article on the role of international cooperation (art. 32) in realizing the rights of persons with disabilities 48. Contributions from States to the present report provide several examples where international cooperation has effectively supported changes towards inclusive education systems. In Georgia, the first inclusive education project undertaken by the Ministry of Education and Science was funded by the Ministry of Education and Research of Norway. The Government of Denmark has supported the introduction of new teaching methods in some schools in Nepal, which has enabled children with sensory and intellectual impairments to be integrated into mainstream education. In Cambodia, funds channeled through a national non-governmental organization have supported Braille and sign language instruction in 150 public schools and the translation of curricula into Braille and sign language, and have provided financial support to Braille and sign language teachers in mainstream schools.

66. Inclusive education is one of the areas of cooperation financed through the United Nations Partnership to Promote the Rights of Persons with Disabilities. In the Republic of Moldova, the aim is to support the Government’s national inclusive education program of 2011 and improve access for persons with disabilities to mainstream education and specific services. Psychopedagogical assistance services have already begun to be created to support the inclusive education of children with disabilities, training of relevant staff (teachers, inspectors, and local representatives) on their role and responsibilities in providing quality education services for children with disabilities, improving data collection, and amending national laws and regulations in accordance with the provisions of the Convention. The Government of Japan has also allocated US$2.86 million to support inclusive education in the Republic of Moldova, addressing school infrastructure needs and adequate training programs for teaching staff.

67. The outcome document of the High-Level Meeting of the General Assembly on Disability and Development held in 2013 (General Assembly resolution 68/3), which reaffirmed the international community’s commitment to promoting the rights of all persons with disabilities and the desire to work towards a disability-inclusive development agenda, also mentioned inclusive education as one of the priorities of the post-2015 development agenda (para. 4 (d)).

VI. Conclusions and recommendations

68. Inclusive education is fundamental to achieving the universality of the right to education, including for persons with disabilities. Only inclusive education systems can simultaneously offer quality education and social development to these individuals. Inclusive education means more than just moving students with disabilities into mainstream schools: it means ensuring they feel welcomed, respected, and valued. Inclusive education is based on values that strengthen every person’s ability to achieve their goals and views diversity as an opportunity to learn. Students with disabilities require adequate support to participate on equal terms with others in the education system. Mainstream schools must provide an environment that maximizes academic and social development.

69. Persons with disabilities experience various forms of discrimination in the educational environment. The most significant barriers to participation in school life stem from prejudices and misconceptions that lead to deliberate exclusion and segregation. Students with disabilities are stigmatized as individuals who cannot learn in mainstream schools or are incapable of learning. This results in education systems that deny persons with disabilities the right to education enshrined in Article 24 of the Convention on the Rights of Persons with Disabilities.

70. The Convention provides for the application of this right on two levels: first, by ensuring non-discrimination of students with disabilities in mainstream schools, and reinforcing this right with reasonable accommodations; second, through a systemic change, which is progressively implemented and includes a transformation plan to combat exclusion and segregation. Effective implementation is based on a complex change process that requires a transformation of the existing legislative and regulatory framework and the full participation of all relevant stakeholders, especially persons with disabilities and the organizations that represent them.

71. Through inclusive education laws, States must create, under the auspices of the respective Ministry of Education, an inclusive education system that prohibits rejection in mainstream schools on grounds of disability and provides for reasonable accommodations. A transformation plan must establish the framework for the implementation of an inclusive education system with measurable objectives. States must develop training programs for teaching staff, create funds for reasonable accommodations, provide accessible materials, promote inclusive environments, improve assessment methods, encourage the transfer from special schools to mainstream schools, promote supervision through inclusive education indicators, provide adequate support to students, and use appropriate communication means and formats. Schools need to have sufficient funding, but the lack of resources should not be a basis for denying students with disabilities the exercise of their right to education.

72. Integration has generated a multitude of good practices that could serve as a starting point for developing inclusive education systems. International cooperation has contributed to this process. Recognizing inclusive education systems as a priority at the high-level meeting on disability and development can further strengthen the process by incorporating a goal of inclusive education, with appropriate targets and indicators, into the post-2015 development agenda.

Notes

www.ohchr.org/EN/Issues/Disability/Pages/SubmissionStudyEducation.aspx.
See also the concluding observations of the Committee on the Rights of Persons with Disabilities on Argentina, CRPD/C/ARG/CO/1, and on Spain, CRPD/C/ESP/CO/1.
The terms “mainstream schools”, “general education”, “conventional schools” and “common schools” are commonly used to refer to education systems that accommodate students with or without disabilities, as opposed to “special schools” which only admit students with disabilities. In this report, the former terms will be used interchangeably to refer to “general education”, as such schools are mentioned in the Convention on the Rights of Persons with Disabilities.
See UNICEF, The Right of Children with Disabilities to Education: A Right-Based Approach to Inclusive Education (Geneva, 2012).
Inclusive education is not defined in human rights law. However, the Committee on the Rights of the Child has adopted a definition of this term (see paragraph 17 below).
Bengt Lindqvist, 1994. 7 United Kingdom of Great Britain and Northern Ireland, “Report of the Committee of Enquiry into the Education of Handicapped Children and Young People” (London, The Stationary Office, 1978).
Available at: www.unesco.org/new/en/education/themes/leading-the-international-agenda/ education-for-all (see paragraph 33).
UNESCO, Guidelines for Inclusion: Ensuring access to Education for All, 2005 (Paris, 2005), p. 12.
See Tony Booth and Mel Ainscow, The Index for Inclusion: Developing Learning and Participation in Schools (Bristol, Centre for Studies on Inclusive Education, 2004).
See Committee on Economic, Social and Cultural Rights, General Comments No. 11 (1999) on the right to education and No. 13 (1999) on the right to education.
More details on this are provided in the OHCHR’s Thematic Study on the Right to Work and Employment of Persons with Disabilities (A/HRC/22/25).
Sebastian Buckup, “The Price of Exclusion: The Economic Consequences of Excluding People with Disabilities from the World of Work”, Employment Working Papers, No. 43 (ILO, 2009).
See Committee on Economic, Social and Cultural Rights, General Comment No. 13, para. 6, and Preliminary Report of the Special Rapporteur on the Right to Education, E/CN.4/1999/49, paras. 42 to 74.
See Committee on Economic, Social and Cultural Rights, General Comments No. 13, paras. 43 to 59, and No. 20 (2009) on non-discrimination in economic, social and cultural rights.
See ibid., General Comment No. 5 (1994) on persons with disabilities.
See, for example, Committee on the Rights of the Child, General Comment No. 1 (2001) on the aims of education.
Ibid., General Comment No. 9 (2006) on the rights of children with disabilities, paras. 11 and 62.
Ibid., General Comment No. 1, para. 10.
Ibid., General Comment No. 9, para. 20. 21 Ibid., para. 67.
The obligation of States to establish inclusive education systems does not imply any limitation on the right of parents to decide on the educational strategy for their children, for example through homeschooling, as long as a quality education is provided in line with the objectives and conditions derived from human rights law.
Schools are explicitly mentioned in Article 9, para. 1 a).
See, for example, those relating to the reports from Argentina, CRPD/C/ARG/CO/1, and Spain, CRPD/C/ESP/CO/1.
See, for example, the lists of issues in relation to the initial reports of Austria, CRPD/C/AUT/Q/1, Argentina, CRPD/C/ARG/Q/1, China, CRPD/C/CHN/Q/1, and Peru, CRPD/C/PER/Q/1.
See the concluding observations on the initial report of Hungary, CRPD/C/HUN/CO/1.
See the concluding observations on the initial report of Peru, CRPD/C/PER/CO/1.
See the concluding observations on the initial reports of Argentina, CRPD/C/ARG/CO/1, and Paraguay, CRPD/C/PRY/CO/1.
See the concluding observations on the initial reports of Paraguay, CRPD/C/PRY/CO/1 (on the reorientation of segregated special education towards an inclusive model); Argentina, CRPD/C/ARG/CO/1 (on the need to ensure that students with disabilities enrolled in special schools are integrated into inclusive schools); China, CRPD/C/CHN/CO/1 (on the reallocation of resources from the special education system to the promotion of inclusive education in mainstream schools); and Australia, CRPD/C/AUS/CO/1 (expressing concern that students with disabilities continue to be referred to special schools and many of those enrolled in mainstream schools remain largely confined to special classes or units).
Canada, New Brunswick, Department of Education and Early Childhood Development, Policy No. 322 on inclusive education: “6.2.2 The following practices are not permitted: 1) segregated or stand-alone programs or classes for students with learning or behavioral difficulties, whether in schools or in community-based instructional options; 2) alternative education programs for students enrolled in preschool and up to Grade 8.”
Rosa Blanco et al., Quality Education for All: a matter of human rights (Santiago, UNESCO, 2007).
International Commission on Education for the 21st Century, Education: A Treasure Within (Paris, UNESCO, 1996), ch. 4.
Thanks to a project aimed at introducing inclusive education in ten public schools in Tbilisi, these ten schools improved their accessibility between 2006 and 2008, in accordance with Article 9 of the Convention on the Rights of Persons with Disabilities.
See also article 9, paragraph 2 (a), of the Convention on the Rights of Persons with Disabilities, concerning minimum standards and guidelines on accessibility.
See, for example, Committee on the Rights of Persons with Disabilities, concluding observations on the initial report of Spain, CRPD/C/ESP/CO/1, para. 44.
Statement on the assessment of the obligation to take measures to the “maximum of its available resources” in accordance with an optional protocol to the Covenant, E/2008/22, annex VIII, pp. 152-155. The Committee notes that compliance with that obligation must be assessed taking into account several elements, for example, the extent to which the measures adopted were deliberate and aimed at the enjoyment of economic, social and cultural rights, whether a non-discriminatory approach was taken when adopting those measures, and the chronological framework of these. The limitation of resources must be considered through a thorough analysis of the context.
As noted in a background paper for a conference of the Special Committee tasked with preparing a comprehensive and integral international convention to protect and promote the rights and dignity of persons with disabilities, prepared by the Department of Economic and Social Affairs on the concept of reasonable accommodation in the disability legislation of certain countries.
UNICEF, The Right of Children with Disabilities to Education, p. 70.
Hilde Haualand and Colin Allen, Deaf People and Human Rights (World Federation of the Deaf, 2009). Available at: www.wfdeaf.org/wp-content/uploads/2011/06/Deaf-People-and-HumanRights-Report.pdf.
See UN Human Rights Office, Human Rights Indicators: A Guide to Measurement and Implementation (New York and Geneva, 2012).
Portugal, for example, has established inclusive structural indicators.
See the contributions of the Ombudspersons of Buenos Aires, Azerbaijan, the Plurinational State of Bolivia and Colombia, the National Human Rights Commission of Rwanda, and the Parliamentary Ombudsman of Finland.
Human Rights Watch, “Signs for Good Education”, video, 2013. Available at: http://deafnewstoday.blogspot.fr/2013/10/signs-for-good-education.html.
Human Rights Watch, “As long as they let us stay in class”: Barriers to education for persons with disabilities in China (United States, 2013).
The Group 24 achieved regulatory reforms in Buenos Aires regarding support for children with disabilities in public schools and the guarantee of continuity of the educational path in mainstream private schools.
Contribution of the Lao Association of the Blind to the National Strategy and Action Plan on Inclusive Education 2011-2015.
2013 “No Excuses” campaign by the Association for Community Living of Canada.
Further details on this are provided in the OHCHR thematic study on the role of international cooperation in support of national efforts to realize the rights of persons with disabilities (A/HRC/16/38).