The Convention on the Rights of Persons with Disabilities applies to persons with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms. It clarifies and qualifies how all categories of rights apply to persons with disabilities and identifies areas where adaptations have to be made in order that persons with disabilities can effectively exercise their rights, as well as areas where their rights have been violated, and where protection of rights must be reinforced. Article 24 recognises the right of persons with disabilities to education, without discrimination and on the basis of equal opportunity, the State having the obligation to ensure an inclusive education system at all levels and lifelong learning.

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This document lists the relevant provisions of  international instruments that refer to the right to education of persons with disabilities.

 

The General Comment 9 of the Committee on the Rights of the Child interprets the Convention on the Rights of the Child as regards the rights of children with disabilies, including their right to education (see paragraphs 62 to 69)

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Adopted on 26 August 2016, the Committee on the Rights of Persons with Disabilities clarifies and interprets the right to inclusive education as laid out in article 24 of the Convention on the Rights of Persons with Disabilities

Key resource

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.

Section K of the general comment refers to the right to education:

  1. The failure of some States parties to provide students with disabilities, including students with visible and invisible disabilities and those who experience multiple discrimination, with equal access to mainstream school with inclusive and quality education is discriminatory, contrary to the objectives of the Convention, and in direct contravention of Articles 5 and 24. Article 5 (1) interacts with Article 24 of the Convention and requires States parties to remove all types of discriminatory barriers, including legal and social barriers, to inclusive education.
  2. Segregated models of education, which exclude students with disabilities from mainstream and inclusive education on the basis of disability, contravene articles 5 (2) and 24 (1) (a) of the Convention. Article 5 (3) requires States parties to take all appropriate steps to ensure that reasonable accommodation is provided. That right is strengthened for persons with disabilities in article 24 (2) (b), which requires States parties to ensure an inclusive education for persons with disabilities on an equal basis with others in the communities in which they live. That goal can be achieved by providing reasonable accommodation of an individual’s requirement, in accordance with article 24 (2) (c), and developing new and inclusive settings according to universal design. Standardized assessment systems, including entry examinations, that directly or indirectly exclude students with disabilities are discriminatory and in contravention of articles 5 and 24. States parties’ obligations extend beyond the school. States parties must ensure accessible school transportation is provided to all students with disabilities where transportation options are limited due to social or economic barriers.
  3. To ensure equality and non-discrimination for deaf children in educational settings, they must be provided with sign language learning environments with deaf peers and deaf adult role models. The lack of proficiency in sign language skills of teachers of deaf children and inaccessible school environments exclude deaf children and are thus considered discriminatory. The Committee calls upon States parties to be guided by its general comment No. 4 (2016) on the right to inclusive education when carrying out measures to fulfil their obligations under articles 5 and 24.

The General Comment is available here.

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.

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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Esta Observación General 9 del Comité de los Derechos del Niño interpreta la Convención sobre los Derechos del Niño con respeto a los derechos del niño con discapacidad, incluso sus derechos a la educación. (Ver párrafos 62 a69)

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Ce document énumère les instruments internationaux qui se réfèrent à droit à l'éducation des personnes en situation de handicap et les dispositions pertinentes.

 

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