Published in 2015, this document is the second of a series of thematic mappings on the implementation of the right to education, following a first edition on Girls’ and Women’s Right to Education. It presents concrete measures adopted by countries to ensure the full enjoyment of the right to education for persons with disabilities.
The document is based on national reports submitted for the Eighth Consultation on the monitoring of the implementation of the UNESCO Convention against Discrimination in Education (1960) and the UNESCO Recommendation against Discrimination in Education (1960).
The first part of the document provides a thematic analysis of measures and promising practices that have been reported on by countries. The second part compiles in factsheets progress and challenges in constitutional and legislative frameworks and measures, for the 48 countries that reported on measures taken, out of the 59 reporting countries.
The document is intended to serve as a practical tool for both advocacy and monitoring. By highlighting concrete measures taken by countries, it also offers a basis for regional and international co-operation and shares promising practices from which other countries can learn.
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.