
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 Ombudsman.
Protects the rights of people
before the government.
Its website is
https://www.defensordelpueblo.es/.
- The Children’s Ombudsman.
Defends the rights of children and adolescents.
Your website is
https://infancia.defensordelpueblo.es/.
- 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.
- The National Office for the Fight
against Hate Crimes.
It works to prevent and stop
hate crimes.
For example,
prevent crimes against people
due to their gender or disability.
Its website is
https://oficinanacional-delitosdeodio.ses.mir.es/publico/ONDOD.
- The Office for Attention to Disability.
Helps people with disabilities
and demands that their rights be met.
Its website:
https://www.rpdiscapacidad.gob.es/organismos/oadis.htm.
- 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.
