General Comment No.4 Article 24: Right to Inclusive Education

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Elmer Wilcox
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1 General Comment No.4 Article 24: Right to Inclusive Education Conference on the Right to Inclusive Education Sarajevo, Bosnia & Herzegovina 19 and 20 June 2017

2 Setting the context CRPD adopted by the UN in 2006 huge leap forward Article 24 asserts the rights of persons with disabilities to inclusive education without discrimination and on an equal basis with others. However, significant challenges in implementation: discrimination: exclusion: multiple barriers: poor understanding: lack of data; failure to understand the case for inclusion Committee on Rights of Persons with Disabilities decision in 2015 to elaborate a General Comment on Article 24 Adoption of the General Comment by the Committee in August 2016

3 The General Comment applies to. All persons with disabilities including those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

4 Article 24: The right to education States must ensure for persons with disabilities: the right to education without discrimination and on the basis of equal opportunity; an inclusive education system at all levels; provision of reasonable accommodation, and individualised support measures; opportunities to acquire skills to ensure equal participation in education and community; access to teachers qualified with appropriate skills progressive realisation

5 The case for inclusive education The economic case: It is costeffective The educational case: All children learn more effectively The social case: it contributes to more inclusive societies

barriers to the right to education A principle that

6 What is inclusive education A fundamental human right The result of a process of commitment to eliminating barriers to the right to education A principle that values all students equally A means of realising other rights

7 From exclusion to inclusion

8 Key features of inclusive education Systems Environments Sustainability Whole systems approach Supported teachers Effective transitions Whole educational environment Respect for diversity Building partnerships Whole person approach Learning friendly environments On-going monitoring

9 Non-discrimination Prohibition of all discrimination on grounds of disability Need for affirmative action measures to address all forms of discrimination Removal of legal, physical, communication, social, financial, and attitudinal barriers Importance of addressing gender-based discrimination Recognition of intersectional discrimination

10 Reasonable accommodation Students must be provided with reasonable accommodation to enable them to access education on a reasonable basis with others Reasonableness = analysis of relevance and effectiveness of accommodation and the goal of countering discrimination Availability of resources and their costs must be taken into account Accommodations should be considered in the context of the wider education system - not limited to resources at an individual school Students must be involved in discussions about reasonable accommodations required Denial of reasonable accommodation constitutes discrimination

11 Individualized support measures Each student is entitled to an individualized plan. Plans must: address reasonable accommodations required, and specific support needs such as communication aids or a learning support assistant involve students must in determining need be designed to promote inclusion be reviewed and monitored regularly

12 Progressive realisation Recognition that implementation of economic, social and cultural rights will be influenced by availability of resources. But This is not a cop-out meaning States can justify doing nothing The are obliged to to move as expeditiously and effectively as possible towards the full realization of article 24 And, in the case of A24 this includes: Non-discrimination Reasonable accommodations Compulsory, free primary education for all

Government obligations Availability Accessibility Acceptability Adaptability Education institutions must be available in sufficient quantity and

Universal Design Investment in accessible textbooks and learning resources is needed Education must be affordable All aspects of education must take

strengthen quality Universal Design for Learning approach should be encouraged All students learn in a unique manner and require flexible ways to

13 Government obligations Availability Accessibility Acceptability Adaptability Education institutions must be available in sufficient quantity and quality All learners with disabilities must be able to access places All aspects of education system must be accessible States must introduce Universal Design Investment in accessible textbooks and learning resources is needed Education must be affordable All aspects of education must take account of respect requirement, cultures and languages of all students with disabilities Inclusion and quality are reciprocal Inclusive approaches strengthen quality Universal Design for Learning approach should be encouraged All students learn in a unique manner and require flexible ways to learn Curricula need to be adapted to meet the requirements of all students Standardised assessments replaced with recognition of individual progress towards broad goals

14 Indivisibility of rights (1) Inclusive education requires realisation of the following rights Nondiscrimination Community life Best interests Mobility, habilitation and rehabilitation Right to be heard and taken seriously Best possible health Protection from violence

15 Indivisibility of rights: (2) Inclusive education will serve to strengthen the following rights: Participation in public life Adequate standard of living Exercise of legal capacity Work and employment

16 Action required for implementation Structures and systems Legislation and policy Planning and data collection Resourcing Teacher education and support Student assessment Accountability and monitoring

17 Structures and systems Responsibility for ALL education within education ministry Comprehensive commitment to inclusive education across government Partnerships with wider society

18 Legislation and policy Compliance with human rights standards Definition of and affirmation of the right to inclusive education Commitment to de-institionalisation Guarantee of access and appropriate support Comprehensive quality standards Recognition of need for reasonable accommodations Framework for early identification and support Obligation on local authorities to plan and provide for all learners Guarantee of the right to be heard Creation of partnerships with key stakeholder

19 Planning and data collection Timeframe and measurable goals Analysis of local context to provide baseline Consultation with persons with disabilities including children Process for implementation Education Sector Plan Collection of accurate data

Resourcing Commitment of sufficient financial and human resources Reform of governance and financing systems Transfer of resources from segregated to inclusive environments Partnerships with

20 Resourcing Commitment of sufficient financial and human resources Reform of governance and financing systems Transfer of resources from segregated to inclusive environments Partnerships with private sector Promoting accessible learning environments Investment in inclusive teacher training Accessible learning resources and assistive technology provisioning Addressing stigma and discrimination

21 Teacher training and support All teachers All levels of education Pre and in-service Including dedicated modules and experiential learning Introduction of training Content of training For example: Human diversity and human rights Inclusive pedagogy Forms of communication and adapted teaching methods Provision of individualised instruction Partnerships between schools Team teaching Joint teacher assessment Engagement of parents Links with local communities Support for teachers

22 Student assessment

23 Accountability Accountability and monitoring Information about rights and how to challenge violations Safe, accessible, transparent and effective mechanisms for complaint and redress Access to justice systems Monitoring frameworks for measuring progress in inclusive education

24 International cooperation Inclusive education consistent with SDG 4 and Education 2030 Framework for Action All bilateral and multilateral aid must serve to advance inclusive quality education Such aid should: Support capacity building Promote exchange and information sharing of best practices Encourage research Provide technical and economic assistance

25 Conclusion Inclusive education is fundamental human right - not an optional extra, not a matter of good will. It brings social, economic and educational benefits a win-win investment. It needs to be recognized as a process involving both legal reform and transformation of cultures, values and policies. Requires systems change cannot happen just at school level. The General Comment provides the framework and guidance for States. Now is the time to invest in making the right a reality.

Dakar Framework for Action. Education for All: Meeting our Collective Commitments. World Education Forum Dakar, Senegal, April 2000

Dakar Framework for Action. Education for All: Meeting our Collective Commitments. World Education Forum Dakar, Senegal, April 2000 Dakar Framework for Action Education for All: Meeting our Collective Commitments Text adopted by the World Education Forum Dakar, Senegal, 26-28 April 2000 Dakar Framework for Action Education for All: