INCLUSION AND THE RIGHT TO EDUCATION: ARTICLE 24 OF THE

CRPD

UN HQ, New York,2nd September 2010.

Ana Peláez Narváez,Vice-Chairperson,CRPD Committee.

INCLUSIVE EDUCATION

• Concept developed from new human rights paradigm

• Person-centered pedagogy

• Diversity should be embraced as an opportunity to enrich learning for all

• Measures to combat discriminatory attitudes

EducationInclusion

Inclusive education

General principles of the CRPD (Article 3)

APPLYING THE EIGHT CRPD GENERAL

PRINCIPLES (Article 3)

ARTICLE 3 (A)

Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, andindependence of persons

- Ensure students with disabilities are free to select the education processes they wish to access and respect their choice

- Deliver the necessary reasonable accommodation

ARTICLE 3 (B)

Non-discrimination

- Establish the CRPD as the guiding principle and key reference instrument for legislation, policies and public authority practises and decision-making

- Review current legislation to ensure proper accommodation to the concept of inclusive education, as set out in the CRPD

ARTICLE 3 (C)

Full and effective participation and inclusion in society

- Gradual inclusion of special education schools into the inclusive education model

- Special education schools should become resource and support centres to deliver successful education for students with disabilities in mainstream settings

- Ensure the principle of normal access to the mainstream education system for students with disabilities, without discrimination or segregation on the grounds of disability

ARTICLE 3 (D)

Respect for difference and acceptance of personswith disabilities as part of human diversity and Humanity

- Ensure teachers and other teaching staff are given suitable training to address the needs of students with disabilities

- Schools and education centres to put in place a diversity policy which forms part of their quality indicators and promotes the principle of equality

- Suitable recognition for sign language and regulation of support for those who use alternative and augmentative communication methods

ARTICLE 3 (E)

Equality of opportunity

- Grants and other economic support to be made available on equal terms to students with disabilities, regardless of type or degree of disability

ARTICLE 3 (F)

Accessibility

- Include the principles of universal accessibility and design for all in teaching, learning and assessment processes

- Include the principles of universal accessibility and design for all in teaching materials and new technologies

- Include the principles of universal accessibility and design for all in teacher training

- Include the principles of universal accessibility and design for all in university degrees

- Adapt new technologies to incorporate the principles of universal accessibility and design for all to deliver equal access to information, communication and knowledge to students with disabilities

ARTICLE 3 (G)

Equality between men and women

- Take into account the differences in access, continuance and evolution in education of girls and women with disabilities with respect to their non-disabled peers

ARTICLE 3 (H)

Respect for the evolving capacities of children withdisabilities and respect for the right of children withdisabilities to preserve their identities

- Early detection of specific support needs to ensure each student with disabilities receives the support he/she requires as early as possible

- Adequate co-ordination among teaching staff and support staff to enable a smooth transition between different stages of the education process

MEASURES TO ACHIEVE INCLUSIVE EDUCATION

- LEGISLATIVE MEASURES

- POLITICAL MEASURES

- ECONOMIC MEASURES

LEGISLATION

• Recognise inclusive education as a lifelong right

• Identify minimum standards in relation to the right to education:

- Accesibility (built environment, communication, information, tecnology, social, economic)- Early detection and intervention - Promote common curriculum development- Education on human rights- Training of teachers and school administrators- Individual support- Linking all areas of education reform to ensure consistency

• Identify minimum standards in relation to the underlying determinants of the right to education:- Participation of persons with disabilities, families, civil society and community

POLICIES

• Ensure a transition plan is in place

• Identify duty-bearers and their responsabilities

• Establish participatory mechanisms

• Establish monitoring and evaluation mechanisms

ECONOMIC

• Identification and delivery of resources:

- Allocation of adequate and sustainable resources

- International support where there is a lack of resources or know-how

MAIN OBSTACLES TO SECURING INCLUSIVE EDUCATION

- SOCIETAL OBSTACLES

- OBSTACLES IN EDUCATION POLICIES

- OBSTACLES IN SCHOOLS AND OTHER EDUCATION CENTRES

SOCIETAL OBSTACLES

• Existing negative attitudes and values regarding persons with disabilities

• Girls and women with disabilities underestimated

• Lack of knowledge and recognition regarding disability diversity

OBSTACLES IN EDUCATION POLICIES

• True political will lacking

• Wide gap between legislative framework and available resources

• Resource constraints

• Inadequate attention to the education needs of students with disabilities in mainstream systems

• Lack of positive action measures aimed at groups at risk of exclusion

• Policies fail to reach rural areas

• Policy inconsistency in decentralised states

OBSTACLES IN SCHOOLS AND OTHEREDUCATION CENTRES

• Educators possess inadequate skills

• Inaccessibility

• Lack of reasonable accommmodation

• Extremely limited and inadequate resources

HOW THE UN SYSTEMCAN FACILITATE THEPROPER IMPLEMENTATIONOF ARTICLE 24

FACILITATING THE PROPER IMPLEMENTATION OF ARTICLE 24

• Ensure States Parties receive UN support to develop

inclusive education policies

• Include the issue of inclusive education in UN and UN-members’ international co-operation strategies

• Secure special funding to favour transition from special to inclusive education

• Establish inclusive education and lifelong learning for girls and women with disabilities as one of the UN priorities in gender equality policies.

THANK YOU FOR YOUR ATTENTION