The aim of the present general comment is to clarify the obligations of States parties regarding non-discrimination and equality as enshrined in article 5 of the Convention on the Rights of Persons with Disabilities.

In this decision, the Court found that the right to education of a disabled child had been violated when the educational institution did not award an official certificate of completion for his secondary education, even after the student had met all the requirements of his personalised education project (proyecto pedagógico individual or PPI) because his PPI did not comply with the minimum requirements under local regulations. The Court concluded that people with disabilities have the right to an inclusive education on an equal basis with others, and this includes the right to have their capabilities and accomplishments certified under equal conditions. ‘Equal conditions’ does not necessarily mean identical requirements but rather, making reasonable adjustments to ensure that individuals are treated as equals. Namely, the Court explained that the plaintiff, having met the specific requirements of his PPI and having attended and passed 5 years of courses at the institution, had the same right as his classmates that had met the requirements imposed on them to receive a certificate.

The Supreme Court of Canada upheld a decision of the British Columbia Human Rights Tribunal (the ‘BC HRT’) (reversing the decisions of both the British Columbia Supreme Court and the British Columbia Court of Appeal) that the Board of Education of School District No. 44 (North Vancouver) (the ‘School District’), by closing a facility that provided intensive services and individualised assistance to students with severe learning disabilities, had denied a child with severe dyslexia access to a service customarily available to the public, being education, contrary to the British Columbia Human Rights Code (R.S.B.C. 1996, c. 210, s. 8). Although the School District was subject to severe funding constraints, it was found to have not acted with a bona fide and reasonable justification, which could have provided a defence to the Human Rights Code violation.

Este documento enumera los instrumentos internacionales que se refieren al derecho a la educación de las personas con discapacidades con sus disposiciones pertinentes.

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Under the law, all Lebanese children should have access to education free from discrimination. Lebanon’s Law 220 of 2000 grants persons with disabilities the right to education, health, and other basic rights. It set up a committee dedicated to optimizing conditions for children registered as having a disability to participate in all classes and tests.

In reality, the educational path of children with disabilities in Lebanon is strewn with logistical, social, and economic pitfalls that mean they often face a compromised school experience—if they can enroll at all.

Under the law, all Lebanese children should have access to education free from discrimination. Lebanon’s Law 220 of 2000 grants persons with disabilities the right to education, health, and other basic rights. It set up a committee dedicated to optimizing conditions for children registered as having a disability to participate in all classes and tests.

Global Education Monitoring Report (GEM Report) has produced a summary of content related to disability and education from their reports dating back to 2010. This summary provides background to those aiming to take part in the ongoing online consultation for the 2020 GEM Report on inclusion and education.

The summary gives ten key messages with accompanying evidence:

  1. Most countries have committed to protect the right to education for people with disabilities, which offers a basis for accountability.
  2. But assessing compliance with this right is complicated by blurred definitions and a lack of monitoring mechanisms.
  3. Organizations of persons with disabilities, as well as families and communities, can play a significant role in monitoring country commitments to the right to education.
  4. There is a lack of concrete data showing the true scale of disabilities worldwide and its link to education, although this should improve soon.
  5. We know that marginalization is more acute for children with disabilities.
  6. A relatively larger share of children with disabilities live in poorer countries.
  7. Children with disabilities are less likely to attend and complete primary school
  8. Those with disabilities are more likely to be without basic literacy skills
  9. Disability intersects with other disadvantages to exacerbate children’s disadvantage.
    • Poverty is both a potential cause and a consequence of disability
    • Girls and those in conflict with disabilities can be especially vulnerable.
  10. Different disabilities create very different education-related challenges

The summary also lists ten recommendations on education policies highlighted in previous GEM Reports as being able to counteract marginalization caused by disabilities:

  1. Governments should fulfil Convention on the Rights of People with Disabilities commitments to set up mechanisms for coordination, independent monitoring, enforcement, complaint and reparation.
  2. Measuring progress in education for children with disabilities requires also having measures based on nationally representative household surveys, rather than only on children who are in school.
  3. Governments should develop inclusive curricula to help break down barriers faced by children with disabilities in the classroom.
  4. Separating children from their peers or families is detrimental to their development and potential.
  5. Teachers must be supported with training and pedagogical tools to reach children with special needs.
  6. More teachers with disabilities should be hired.
  7. Multiple sectors should provide early childhood services to reach children comprehensively.
  8. Approaches to support people living with disabilities should involve the community to alleviate societal barriers to progress.
  9. Countries should enforce minimum standards on school accessibility for children with disabilities.
  10. Additional funds are required to meet the education needs of children with disabilities.
This document lists the relevant provisions of  international instruments that refer to the right to education of persons with disabilities.

 

General comment No. 20: Non-discrimination in economic, social and cultural rights (art. 2, para. 2, of the International Covenant on Economic, Social and Cultural Rights)

This report considers the right of persons with disabilities to inclusive education. It recommends a series of legislative, policy and financial measures that need to be adopted in order to give effect to this right. It also identifies some of the obstacles that prevent the fulfilment of the right to inclusive education, as indicated in the responses submitted by various States and non-governmental organisations to a questionnaire, sent out by the Special Rapporteur, the purpose of which was to assess the degree to which international standards are being implemented in this area. Among other obstacles, it cites the discrepancy that exists between the normative framework and the resources available for realising the right to inclusive education, as well as the lack of genuine political will to achieve this goal.

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