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Guide to report
discrimination in education

Introduction

Inclusive education 
is a right for all people.

✏︎ Inclusiveis that it does not discriminate
and does not exclude anyone from school.

For example, it does not discriminate based on:

  • disability,
  • gender,
  • money or class,
  • religion,
  • skin color.

Who is Rubén Calleja?

Rubén Calleja is a young man from León.
León is a Spanish city.

When Rubén was 11 years old
his school expelled him
for having Down syndrome.
The school discriminatedto Rubén.

✏︎ Discriminatea person
is to exclude it and strip it of its rights.

Rubén Calleja had the right
to an education inclusive,
but their school ignored this right.
✏︎ Inclusive is that it does not discriminate.


When he was expelled from school,
his father Alejandro Calleja investigated 
how the law protects Rubén’s right.

Alejandro learned a lot.
He denounced the school for discrimination
and it won, although it took 14 years!

Now, Alejandro helps other families
so they don’t have to wait as long as his did.


What laws protect the right
to inclusive education?

Many important laws
they defend inclusive education
because it is a human right.

Some laws are:

  • The Convention on the Rights
    of Persons with Disabilities
    .
    The Convention is also called the CRPD.

    The CRPD is an agreement between countries
    to protect the rights
    of all persons with disabilities.
  • The Spanish Constitution
    is an official document that contains
    the most important laws in Spain.
    These laws decide how the country works.
  • The Prosecutor’s Office
    is an important part of Justice.
    Your work is to ensure laws are met.

What can you do
if your school discriminates against you?

If your school decides
that you have to go to another school
because you have a disability,
it is discriminating against you.

If they ignore you, separate you, lock you up
or they don’t give you homework like the rest,
they are also discriminating against youthey are also discriminating against you.

You have the right to stay in your school
with the rest of your classmates.
You also have the right for it to be adapted
so you can study.

If your school discriminates against you,
you can file a denunciation.

✏︎ To denounce is to tell it
to the people who defend your rights
to help you solve the problem.


In 2020, Spain approved a law
which is called LOMLOE.

The LOMLOE law obliges schools
to respect the rights
of persons with disabilities.

With this law,
schools cannot discriminate
to no one because of their disability.

The Constitution also supports this law.
Therefore, the law and the Constitution
We defend your right to education.


How to file a complaint?

The first thing you have to do
is to complain in Spain. 
If you file a complaint in another country,
justice can take a long time. 

For example, the CRPD is in Switzerland.
If you report it in Switzerland, it will be very slow.
That is why it is important to do it in Spain.

Rememberthat the CRPD
is the Committee on the Rights
of Persons with Disabilities

The complaint is free
and you can file it yourself directly.
You don’t need to have a lawyer.


Where can you report?

You can file your report
in the following bodies:

  • The Regional Defender.
    Protects the rights of people 
    from a specific region of Spain.
    For example, from Andalusia or Galicia.
  • The Prosecutor’s Office for Minors and Disability.
    is the part of Justice 
    that handles legal issues
    for minors and persons with disabilities.
  • CERMI.
    It is a group that represents and defends 
    the rights of persons with disabilities.

    Their website is:
    https://cermi.es/.
  • CRPD Bodies.
    They ensure compliance with
    the Convention on the Rights
    of Persons with Disabilities.

When you report
you also have rights

When you file a complaint,
you have the right to:

  • Have all the information
    in easy read or plain language.

  • Have a trusted person accompany you,
    like your personal assistant.

  • Have a quiet space without noise
    during the process.

  • That they speak to you slowly
    and clearly if you need it.

  • To be treated with respect and dignity.

  • To ask for everything to be accessible,
    because it is a human right.

  • Receive an official copy of your complaint
    and an adaptation if you need it.

  • Have access to a free interpreter
    if you need one.

Remember

You have the right to inclusive education.
No one can take this right away from you.

If you are discriminated against, you can report it.

When you report, you also have rights.
For example, the right to accessibility,
to be respected and to free justice.

Free Justice 
is that a lawyer defends you
even if you can’t afford it.

Text adapted by ACCIUMRed.

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