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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.