supporting inclusion, challenging exclusion
Concluding observations of the UN Convention on the Rights of Persons with Disabilities – extracts concerning inclusive education and disability, gender and ethnic background and related issues,2019 - 2021
A
Albania
(14 October 2019, CRPD/C/ALB/1, Concluding observations on the initial report, paras. 39, 40) - 22nd Session
The Committee is concerned about:
(a) The absence of comprehensive legislation and strategy for quality inclusive education and about the fact that segregated education environments persist, especially for students with intellectual disabilities;
(b) The lack of data on the public resources allocated to inclusive education in primary, secondary and higher education institutions;
(c) The absence of data and indicators to monitor the quality of education and inclusion of students with disabilities at all levels of education, as well as the absence of information on accessibility standards applicable to school infrastructure and to information and communications, including information and communications technologies;
(d) The limited accessibility ensured in higher education for students with disabilities and the decreasing number of students with disabilities enrolled in higher education.
Recalling its general comment No. 4 (2016) on the right to inclusive education and Sustainable Development Goal 4, especially its targets 4.5 and 4.8, the Committee recommends that the State party increase its efforts to support the implementation of inclusive education and, in particular, that it:
(a) Repeal and amend laws to recognize inclusive education as a right, and grant all students with disabilities, regardless of their personal characteristics, the same right to access inclusive learning opportunities in the mainstream education, system with individualized support, as required;
(b) Formulate, adopt and implement a comprehensive and inclusive education policy with strategies for promoting a culture of inclusion in mainstream education, including individualized human-rights based assessments of educational requirements and necessary accommodation, guidance and support for teachers; for promoting respect for diversity by ensuring the rights to equality and nondiscrimination; and for promoting the full and effective participation of persons with disabilities in society;
(c) Ensure the accessibility of school environments, in line with the Convention, including through the provision of accessible and adapted materials, inclusive curricula and individualized support and accommodation;
(d) Allocate effective and sufficient financial and material resources, as well as adequately and regularly trained staff, including staff with disabilities;
(e) Incorporate inclusive education training into university curricula for future teachers and mandatory training programmes for current teaching staff, with an adequate budget;
(f) Increase data collection on, among others, the implementation of inclusive education laws and policies, the accessibility of school infrastructure, information and communications, including information and communications technologies, to inform inclusive education policies.
Algeria
(27 June 2019, CRPD/C/DZA/1, Concluding observations on the initial report, paras. 40, 41) - 20th Session
The Committee is concerned that the education of children with disabilities falls under the purview of the Minister of National Solidarity, the Family and Women and that segregated education for children with disabilities still exists. It is also concerned that there is no policy on the right of children with disabilities to inclusive education, or strategy to transform specialized settings into inclusive education environments, including revised curricula and training.
The Committee recommends that the State party, guided by the Committee’s general comment No. 4 (2016) on the right to inclusive education:
(a) Ensure that the Ministry of Education is responsible for the education of all children, including children with disabilities;
(b) Take measures promptly to ensure that all children with disabilities have access to inclusive, high-quality and free primary and secondary education, and provide reasonable accommodation to ensure that education is available to them;
(c) Formulate, implement and monitor policy measures on the right to inclusive education, including the development of appropriate school curricula, accessible learning tools and teaching methods, in close consultation with organizations of persons with disabilities;
(d) Introduce training programmes for teachers and other educational staff on the right to inclusive education.
Australia
(15 October 2019, CRPD/C/AUS/2-3, Concluding observations on the combined second and third periodic reports, paras. 45, 46) - 22nd Session
The Committee is concerned about:
(a) The lack of implementation of many of the recommendations of the 2015 review of the Disability Standards for Education 2005;
(b) The significant increase in students with disabilities experiencing a segregated education, seclusion, isolation and a lack of age-appropriate settings, and about insufficient funding for inclusive education in mainstream schools;
(c) The fact that there is no national disaggregated data on students with disabilities, including on the use of restrictive practices and cases of bullying.
In line with the Committee’s general comment No. 4 (2016) on the right to inclusive education and targets 4.5 and 4.a of the Sustainable Development Goals, the Committee reiterates its previous recommendations on education (CRPD/C/AUS/CO/1, para. 46) and recommends that the State party:
(a) Conduct a robust review, in consultation with organizations of persons with disabilities, of the Disability Standards for Education 2005, implement the recommendations arising from that review and develop a national action plan for inclusive education;
(b) Address the increasing rate of segregation, seclusion and isolation and the lack of age-appropriate settings for students with disabilities at all levels, in particular Aboriginal and Torres Strait Islander students, and redirect adequate resources to a nationwide inclusive education system for all students;
(c) Expand the collection of data on the number of students with disabilities who do not qualify for an adjustment and who are unable to enrol in local mainstream schools, as well as data on educational attainment, on completion, suspension and expulsion rates, on the use of restrictive practices and on cases of bullying.
B
Bulgaria
(22 October 2018, CRPD/C/BGR/1, Concluding observations on the initial report, paras. 49, 50) - 20th Session
The Committee is concerned that segregated education systems still remain in the State party, including that children with disabilities are not allowed to enrol in mainstream schools. The Committee is also concerned about:
(a) The low level of awareness, including among teachers and other education staff, and also among parents of children without disabilities, of the benefits of quality inclusive education for society;
(b) The lack of an independent mechanism to monitor and assess the implementation and effects of the Public Education Act and the Early Childhood and School Education Act, especially for children with psychosocial disabilities and children still in institutions;
(c) The uneven and unsystematic allocation of human and financial resources to ensure that sufficient teachers and auxiliary staff are trained in inclusive education;
(d) The lack of data on the number of children and youth with disabilities not currently enrolled in any form of education.
The Committee recommends that the State party, in accordance with general comment No. 4 (2016) on the right to inclusive education:
(a) Replace segregated education systems with quality inclusive education;
(b) Raise awareness of the advantages of quality inclusive education for society, in particular for teachers and other education staff, and also for parents of children without disabilities;
(c) Intensify its efforts to ensure quality inclusive education and the provision of reasonable accommodation for students with disabilities in mainstream schools, including by allocating sufficient human, technical and financial resources for it;
(d) Collect data on the number of children and young people with disabilities not currently enrolled in any form of education, disaggregated by age, sex, type of impairment and place of residence, and develop a strategy to include these children in the mainstream education system.
C
Cuba
(10 May 2019, CRPD/C/CUB/1, Concluding observations on the initial report, paras. 41, 42) - 21st Session
The Committee is concerned that:
(a) Children face barriers to enjoyment of their right to high-quality inclusive education, on an equal basis with others, and that segregated forms of education still prevail;
(b) Practical challenges remain for children and adult learners with disabilities to access higher education, partly due to the lack of individualized support;
(c) Information on the representation of children with disabilities in student bodies is lacking.
The Committee recommends that the State party, in accordance with the Committee’s general comment No. 4 (2016) on the right to inclusive education:
(a) Ensure the implementation of high-quality inclusive education at all levels and provide training for teachers and non-teaching staff and the necessary support and resources to foster inclusive environments for all students, in particular those with intellectual or psychosocial disabilities and girls with disabilities;
(b) Ensure the full accessibility of educational premises, including universities, take legislative and administrative measures to ensure the availability of accessible learning materials, including in digital form and in Braille, Easy Read and sign language, at the technical and higher education levels for persons with disabilities;
(c) Take steps to facilitate the participation of children with disabilities in student bodies;
(d) Adhere to the Convention and general comment No. 4 in its implementation of targets 4.1, 4.5 and 4.a of the Sustainable Development Goals.
E
Ecuador
(21 October 2019, CRPD/C/ECU/2-3, Concluding observations on the combined second and third periodic reports, paras. 43, 44) - 22nd Session
The Committee notes with concern that the State party retains the use of a special education model; that segregated forms of education predominate in its legislation, in particular in the Organic Act on Disabilities; that 151 segregated schools still exist; and that not enough is being done to change the education system into one based on quality inclusive education.
The Committee recommends that the State party revise and amend the Organic Act on Disabilities without delay and that, as an overall strategy, on the basis of general comment No. 4 (2016) on the right to inclusive education and bearing in mind target 4.5 of the Sustainable Development Goals, it establish an inclusive education system for all persons with disabilities at all levels, regardless of their migration status. It also recommends that the State party redirect budget allocations from special education to the regular education system, provide personalized support starting from the preschool level and continuing on to higher education levels and provide appropriate training for teachers. It recommends that the State party ensure that support, specifically designed teaching materials in alternative accessible formats, modes and means of communication, and information and assistive technologies are provided and that reasonable accommodation for individual requirements is made.
El Salvador
(1 October 2019, CRPD/C/SLV/2-3, Concluding observations on the combined second and third periodic reports, paras. 46, 47) - 22nd Session
The Committee is concerned:
(a) That limited progress has been made with regard to the right to inclusive education for persons with disabilities;
(b) At the lack of information on the number of children with disabilities in segregated schools and in mainstream schools;
(c) That the Ministry of Education’s Comprehensive Sexuality Education Strategy does not include persons with disabilities in a multidimensional and intersectional manner.
The Committee recalls its general comment No. 4 (2016) on the right to inclusive education, and targets 4.5 and 4.A of the Sustainable Development Goals, and recommends that the State party:
(a) Establish a national strategy for the inclusion of children with disabilities in mainstream education and redirect budget from segregated to mainstream classrooms and schools, ensure full accessibility in educational premises, adopting measures to remove architectural and communication barriers, ensure that teaching and non-teaching staff are trained, and ensure the availability of accessible learning material in Easy Read and Braille and the availability of sign language interpreters;
(b) Establish a system to collect disaggregated data on the number of children with disabilities, especially children with intellectual or psychosocial disabilities still in segregated education and those in mainstream education, and the types of support provided to them, with a view to designing adequate public policies;
(c) Ensure that all the educational policies and strategies aimed at the general population, including the Comprehensive Sexuality Education Strategy, are applicable to persons with disabilities.
Estonia
(5 May 2021, CRPD/C/EST/1, Concluding observations on the initial report, paras. 46, 47) - 24th Session
The Committee notes with concern:
(a) The slow progress towards achieving inclusive education, as recognized in the Basic and Upper-Secondary School Act, the prevalence of special schools and classes and the greater barriers to education faced by children requiring higher levels of support;
(b) That reasonable accommodation for meeting individual requirements and providing individualized support has not yet been made fully available throughout the education system;
(c) That there are not enough accessible learning materials, alternative communication and information methods or teachers fluent in sign language;
(d) The barriers faced by children with disabilities in gaining access to quality, inclusive education within a context of distance learning during the COVID-19 pandemic and the restrictions on school attendance imposed for children with “chronic diseases” and experiencing symptoms similar to COVID-19.
Recalling its general comment No. 4 (2016) and target 4.5 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Develop a strategy for implementing quality, inclusive education with specific targets, timelines and a budget and share responsibilities between the national and municipal levels;
(b) Establish a policy framework that recognizes the right of persons with disabilities to seek individualized support as reasonable accommodation in education, when so required;
(c) Ensure that education is an area of life covered by anti-discrimination legislation and policies and that the denial of reasonable accommodation is included as a form of discrimination;
(d) Provide students with disabilities with assistive compensatory aids and learning materials in alternative and accessible formats, such as inclusive digital access, modes and means of communication, including Easy Read, communication aids and assistive and information technology, and make sure that there are enough teachers fluent in Estonian sign language;
(e) Take measures, including the provision of technical equipment and the adoption of regulations, to ensure that children with disabilities, especially those in rural areas and those facing economic hardship, receive the individualized support they need, within a quality, inclusive education system, during the COVID-19 pandemic and guarantee for children with chronic diseases equal access to school.
F
France
(4 October 2021, CRPD/C/FRA/CO/1, Concluding observations on the initial report, paras. 50, 51)- 25th Session
The Committee is concerned about the high number of children with disabilities in segregated education settings, including in residential medico-social institutions or in separate classes in regular schools, which perpetuates stigmatization and exclusion. It also notes with concern:
(a) The insufficient statistical information about children with disabilities, including in the overseas territories, who are enrolled in and attending school on a full- or part-time basis, and about the access to inclusive education of Roma, asylum-seeking and refugee children with disabilities and children with disabilities in an irregular migration situation;
(b) The refusal to admit to some schools children with intellectual or psychosocial disabilities or autistic children;
(c) The insufficient individualized support through the provision of reasonable accommodation for children with disabilities to meet their educational requirements, which particularly affects autistic children and children with Down syndrome;
(d) The failure to provide reasonable accommodation for children with disabilities, especially deaf children, in the context of school closures during the COVID-19 pandemic;
(e) The insufficient provision of education of and in French Sign Language;
(f) The absence of learning, teaching and use of Braille and Easy Read for persons who are blind and visually impaired and persons with intellectual disabilities;
(g) Information about violence against children with disabilities, including bullying in schools;
(h) The barriers to access to support for students with disabilities at the higher education level, and the absence of measures to facilitate the international mobility of students with disabilities on an equal basis with others.
The Committee recalls its general comment No. 4 (2016) on the right to inclusive education and targets 4.5 and 4.a of the Sustainable Development Goals, and recommends that the State party strengthen measures to attain quality, inclusive education for all children with disabilities, including in the overseas territories. The State party should promptly implement the recommendations issued by the Special Rapporteur on the rights of persons with disabilities in this regard.8 The Committee also recommends that the State party:
(a) Develop systems to collect data on children with disabilities disaggregated by age, place of residence, sex and ethnic background, including information about the percentage of enrolment in and attendance at school, and ensure that Roma, asylum seeking and refugee children with disabilities and children with disabilities who are in an irregular migration situation have effective access to education;
(b) Adopt systems for parents and legal tutors to complain and seek redress in cases of refusal to admit their children to a school on the basis of disability;
(c) Develop a framework recognizing the right of children with disabilities to seek individualized support through the provision of reasonable accommodation to meet their individual educational requirements, including accommodations in the context of examinations for children with disabilities, particularly autistic children and children with Down syndrome;
(d) Adopt programmes at the municipal level and involving public and private actors to provide support for children with disabilities in the context of the COVID-19 pandemic;
(e) Ensure that education in French Sign Language is provided at early stages of education and promote the deaf culture in inclusive educational environments;
(f) Ensure the effective learning, teaching and use of Braille and Easy Read for persons who are blind and visually impaired and persons with intellectual disabilities;
(g) Take measures to eliminate abuse against and bullying of children with disabilities in schools;
(h) Adopt programmes with specific goals and time frames in order to promote the access of persons with disabilities to higher education, ensuring that young persons with disabilities can seek individualized support through the provision of reasonable accommodation in tertiary education, including to facilitate their international mobility, and access to sign languages.
G
Greece
(29 October 2019, CRPD/C/GRC/1 and Corr.1, Concluding observations on the initial report, paras. 34, 35) - 22nd Session
The Committee is concerned that:
(a) There is no comprehensive, clear legislation or strategy on, or allocation of funds to, inclusive education, particularly with regard to lifelong learning;
(b) Schools and universities lack accessible and inclusive environments, buildings, educational material, services, equipment, information and communication technologies, as well as individualized support provided to students with disabilities;
(c) The access of Roma children with disabilities and refugee, asylum-seeking and migrant children with disabilities to education is severely limited;
(d) There is insufficient data on the amount of public resources allocated for inclusive education in mainstream schools and higher education institutions, on regulated transparent protocols relating to individual education plans, and on relevant technologies and forms of communication to ensure acces
sibility for students with disabilities at all levels of education.Recalling its general comment No. 4 (2016) on the right to inclusive education, and taking into account Sustainable Development Goal 4, especially targets 4.5 and 4.a, the Committee recommends that the State party increase its efforts to guarantee inclusive education, and in particular that it:
(a) Adopt and implement a coherent strategy on inclusive education in the mainstream educational system;
(b) Ensure the accessibility of school and university environments, in line with the Convention, by promoting
universal design, the provision of specific measures and individualized support, such as accessible and adapted materials, inclusive curricula, inclusive information and communication technologies for pupils and students with disabilities, and digital pedagogy;(c) Immediately ensure access to formal education for all refugee, asylum seeking and migrant children with disabilities, and for Roma children with disabilities;
(d) Allocate effective and sufficient financial and material resources and adequately and regularly trained personnel, including persons with disabilities, to effectively guarantee inclusive education;
(e) Incorporate inclusive education training into higher education curricula for trainee teachers, and into training programmes for current teaching staff, with an adequate budget.
I
India
(29 October 2019, CRPD/C/IND/1, Concluding observations on the initial report, paras. 50, 51)- 22nd Session
The Committee is concerned about:
(a) The prevalence of segregated education, the high illiteracy rate among persons with disabilities, particularly persons with intellectual disabilities and women and girls with disabilities, and the low number of students with disabilities enrolled in mainstream inclusive education;
(b) Rejection from school of children with disabilities, particularly children affected by leprosy, and bullying against intersex children, causing many to drop out of school;
(c) The lack of accessible inclusive schools in rural and remote areas;
(d) The lack of training for school personnel, the lack of teaching methodologies and material to include children with disabilities, including for deafblind students, the limited number of seats for children with disabilities in schools, and the insufficient provision of sign language interpretation for students who are deaf or hard of hearing and of safe transportation for children with disabilities.
The Committee recommends that the State party, guided by the Committee’s general comment No. 4 (2016) on the right to inclusive education and taking account of targets 4.5 and 4.a of the Sustainable Development Goals:
(a) Take measures to ensure the implementation of inclusive education for students with disabilities, and redouble its efforts to reduce illiteracy among persons with disabilities;
(b) Take measures to prevent the rejection, stigmatization and bullying of children with disabilities, particularly children affected by leprosy and intersex children, review regulations to ensure access to education, undertake campaigns to combat disability stereotypes and establish complaint mechanisms and sanctions in cases of discrimination;
(c) Ensure sustainable human and financial resources to build and maintain accessible schools for children with disabilities in rural areas;
(d) Ensure that the learning environment, including the physical environment, admission procedures, teaching resources and methodologies, online platforms for learning, classrooms and transport, are accessible and safe for children with disabilities, and adopt measures to ensure the provision and availability of sign language interpretation in the classrooms, augmentative and alternative communication and Easy Read at all levels of education.
Iraq
(23 October 2019, CRPD/C/IRQ/1, Concluding observations on the initial report, paras. 43, 44)- 22nd Session
The Committee is concerned about:
(a) The reference to segregated classes in the State party’s legislation, such as article 9 of Law No. 118 (1976) on compulsory education, the education of children with disabilities in mostly segregated classes, with children with visual and hearing impairments being unable to study beyond a primary school certificate, and the reportedly high number of children with disabilities who are out of school;
(b) The barriers faced by students with disabilities in accessing education, including the need to travel long distances, poor transportation, a lack of teachers trained in inclusive education, sign language, Braille and Easy Read and a lack of accessible curricula.
The Committee, guided by its general comment No. 4 (2016) on inclusive education, recommends that the State party:
(a) Take prompt measures to ensure that all children with disabilities have access to inclusive, high-quality and free education at all compulsory levels, and enforce the “comprehensive educational integration” of children with disabilities and the quota of places reserved for them in university programmes, according to article 15 (2) (a) and (3) (c) of Law No. 38 (2013);
(b) Allocate sufficient human, technical and financial resources for individualized supports that will enable children with disabilities, including children with intellectual or psychosocial disabilities, children with autism and children with visual or hearing impairments, to receive an inclusive and quality education.
K
Kuwait
(18 October 2019, CRPD/C/KWT/1, Concluding observations on the initial report, paras. 46, 47)- 22nd Session
The Committee is concerned about:
(a) The lack of measures taken to promote inclusive education, to ensure the provision of individualized support and to prohibit the denial of reasonable accommodation to all children with disabilities in mainstream schools;
(b) The right to inclusive education being limited to students with certain kinds of impairments while others are relegated to segregated classes within mainstream schools and to segregated schools;
(c) The lack of disaggregated data on children with disabilities deprived of an education.
Recalling its general comment No. 4 (2016) on the right to inclusive education, the Committee recommends that the State party:
(a) Adopt the necessary legal and other measures to ensure the right of all children with disabilities, including non-Kuwaiti and Bidoon children with disabilities, to free, quality and inclusive education at all levels of education;
(b) Take advantage of the road map for inclusive education developed by the Public Authority for Disability Affairs to redirect resources from segregated educational settings towards quality, inclusive education with the provision of reasonable accommodation and individual supports, accessible environments and curricula, for all students with disabilities in mainstream schools, and mandatory inservice training of all teachers and all staff in education facilities on quality, inclusive education;
(c) Collect data, disaggregated by age, gender, nationality, disability and geographical area, on children with disabilities in and out of education in both mainstream and special education schools and on enrolment and dropout rates.
M
Malta
(17 October 2018, CRPD/C/MLT/1, Concluding observations on the initial report, paras. 35, 36)- 20th Session
The Committee is concerned that:
(a) The concept of inclusive education is not fully applied in the State party;
(b) The number of available learning support educators is insufficient and that resources are inadequate to ensure their replacement, in case of absence;
(c) There are reports of children and students with disabilities having been denied access to educational institutions on the basis of their disabilities, such as childcare centres and summer schools, and the lack of accessible mechanisms for them to obtain redress when such discrimination occurs;
(d) Many students with disabilities undertake skills training at resource centres that are often located a considerable distance from their schools and homes during their secondary education or after its completion, which separates them from their peers;
(e) The State party has not carried out sufficient research into the effectiveness of the current education inclusion policy and made research information available to professionals in the education sector and the population on the socioeconomic and cultural benefits of inclusive education.
Recalling its general comment No. 4 (2016) on the right to inclusive education and Goal 4 of the Sustainable Development Goals, especially targets 4.5 and 4.a, the Committee recommends that the State party:
(a) Ensure the implementation of its laws on education, and accelerate the adoption process of the bill on the Convention, to ensure that violations of the rights under article 24 of the Convention become justiciable in the State party;
(b) Adopt measures to ensure that students with disabilities, including students with intellectual or psychosocial disabilities, are provided with reasonable accommodation at all levels of education, and allocate the resources necessary to guarantee reasonable accommodation according to individual requirements in consultation with the person concerned, including the provision of learning support educators and their replacements when they are absent;
(c) Ensure accessible mechanisms for accountability and redress in cases in which educational institutions, such as childcare centres and summer schools, or teachers discriminate against students on the basis of their disability;
(d) Review the curriculum of students with disabilities through individualized education plans to ensure that the curricula allow them to learn the skills required to access the job market on an equal basis with others;
(e) Carry out research on the extent to which accessibility standards are being complied with in the State party to obtain a full understanding of the barriers persons with disabilities face in the education system and the solutions required to enable their full participation, and to make research findings on the socioeconomic and cultural benefits of inclusive education available to all relevant stakeholders.
Myanmar
(22 October 2019, CRPD/C/MMR/1, Concluding observations on the initial report, paras. 45, 46)- 22nd Session
The Committee is concerned about:
(a) Legislation providing for a dual education system in segregated schools, which excludes children with disabilities from mainstream education, and an overreliance on informal education for children with disabilities;
(b) The low rate of enrolment of children with disabilities in schools at all levels, owing to, among other things, the lack of individualized accommodation for children in the mainstream education system.
Recalling its general comment No. 4 (2016) on the right to inclusive education, the Committee recommends that the State party, in close consultation with organizations of persons with disabilities:
(a) Revise its legislation to expressly recognize the right to inclusive education for all children, and address overreliance on informal education for children with disabilities, including by undertaking information campaigns to promote their enrolment in mainstream schools at all levels;
(b) Adopt and implement a national action plan on inclusive education, involving all line ministries and stakeholders, with sufficient budgetary allocations, to ensure that all children with disabilities have access to quality inclusive education in the mainstream education system at all levels, including by providing individualized accommodation, including classroom support and accessible learning environments, teaching methods and materials.
N
Niger
(1 May 2019, CRPD/C/NER/1, Concluding observations on the initial report, paras. 39, 40)- 21st Session
The Committee is concerned about:
(a) The prevalence of segregated special education settings for children with disabilities, the low enrolment of children with disabilities in mainstream education with individualized support, particularly girls and children with psychosocial or intellectual disabilities, negative societal attitudes towards children with disabilities attending regular schools, and the poor level of education provided to children who are blind or visually impaired and deaf or hard of hearing, and those with psychosocial or intellectual disabilities;
(b) The lack of budget allocations for inclusive education, the insufficiency of specialists trained on inclusive education, the inaccessibility of school infrastructures and the lack of transport facilities for students with disabilities, particularly in rural areas;
(c) The lack of involvement of persons with disabilities and their representative organizations in the sector programme for education and training (PSEF 2014–2024) and the insufficient awareness of parents and communities of the right of children with disabilities to inclusive education.
In line with its general comment No. 4 (2016) on the right to inclusive education, the Committee recommends that the State party:
(a) Adopt a national action plan on inclusive education, with sufficient budgetary allocations, for children with disabilities, especially girls and children with psychosocial or intellectual disabilities, and undertake information campaigns in accessible formats, to promote the enrolment in education of all persons with disabilities;
(b) Provide training for teachers and non-teaching education personnel on inclusive education, including sign language;
(c) Involve persons with disabilities and their representative organizations in the implementation of the sector programme for education and training (PSEF 2014–2024) and all education policies, in accordance with article 4 (3) of the Convention;
(d) Pay attention to the links between article 24 of the Convention and targets 4.5 and 4 (a) of Sustainable Development Goal 4 to ensure equal access to all levels of education and vocational training, and build or upgrade education facilities that are disability-sensitive and safe.
Norway
(7 May 2019, CRPD/C/NOR/1 and Corr.1, Concluding observations on the initial report, paras. 37, 38)- 21st Session
The Committee is concerned about:
(a) The lack of effective legal mechanisms, including anti-discrimination provisions, to ensure that persons with disabilities can access inclusive education without discrimination, and the fact that reasonable accommodation is denied in public and private schools;
(b) The lack of standards to outline the process for the provision of individualized support in education institutions, including the provision of assistants and support staff;
(c) The fact that many children with disabilities do not receive an adequate standard of education and have low learning outcomes, and that a large proportion of special education services are provided by unskilled assistants and teachers without the appropriate training;
(d) The lack of accessible complaint mechanisms for children with disabilities and the lack of sanctions for non-compliance with the required standards;(e) That fact that many students with disabilities do not receive adequate training in basic skills, such as social development and communication skills, which would strengthen their learning capacities in a suitable environment.
In line with the Committee’s general comment No. 4 (2016) on the right to inclusive education, and targets 4.5 and 4.8 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Strengthen anti-discrimination provisions to explicitly cover disability-based discrimination in education and to provide an accessible and effective complaint mechanism;
(b) Adopt national standards for the provision of effective individualized support measures in mainstream education, and allocate sufficient financial and human resources to ensure that persons with disabilities receive the support required to facilitate inclusive education;
(c) Ensure that all teachers have the appropriate skills for individualized instruction and ensure that individualized support measures do not entail costs for parents of children with disabilities;
(d) Introduce legislation based on the human rights model of disability that fully complies with article 24 of the Convention in order to ensure quality inclusive education for all children;
(e) Take measures to guarantee that students with disabilities receive training in the skills necessary to enhance their learning capability, in an environment adapted to suit their specific requirements within an inclusive education system.
O
Oman
(17 April 2018, CRPD/C/OMN/1, Concluding observations on the initial report, paras. 43, 44) - 19th Session
The Committee is concerned about:
(a) The low number of children with disabilities enrolled in schools at all levels, especially girls with disabilities, and the high rate of non-completion and illiteracy among children with disabilities, in particular deaf children and children with multiple disabilities;
(b) Inadequate teaching methodologies and training for teachers in inclusive education, as well as the insufficient number of teachers proficient in sign language;
(c) The lack of information on budget allocations for the promotion of inclusive education, including training of teachers and for ensuring that schools are accessible, adequately staffed and funded;
(d) The absence of systematic data collection, disaggregated by sex and type of impairment, on the number of children with disabilities mainstreamed into the regular school environment, and on the enrolment and dropout of children with disabilities in both mainstream and special education schools.
The Committee recommends that the State party:
(a) Adopt measures to abolish special schools and develop an inclusive education system, including through the adoption of laws, policies and programmes with measurable indicators and timelines;
(b) Ensure the provision of adequate budgetary allocations for the promotion of inclusive education, including the training of teachers, especially in sign language, and/or the provision of certified teaching assistants qualified in sign language for all subjects;
(c) Develop a disaggregated database on the number of children with disabilities mainstreamed into the regular school environment with adequate teaching methodologies to enable them to reach their full potential, adopt specific measures to eliminate discrimination against children with disabilities in schools and ensure that children with disabilities are treated with dignity and respect and are involved in effective school inclusion programmes;
(d) Expand educational opportunities at the tertiary level for persons with disabilities, in particular deaf students, and step up bilingual education in Arabic and English for children with disabilities prior to the tertiary level;
(e) Pay attention to the links between article 24 of the Convention and targets 4.5 and 4.a of the Sustainable Development Goal in order to ensure equal access to all levels of education and vocational training and to build and upgrade education facilities that are disability-sensitive and safe.
P
Philippines
(16 October 2018, CRPD/C/PHL/1 and Corr.1, Concluding observations on the initial report, paras. 40, 41)- 20th Session
The Committee observes with concern:
(a) The prevalence of the special education model, and the lack of measures to provide for inclusive and mainstreamed education for persons with disabilities;
(b) The low number of children with disabilities enrolled in elementary schools (only 110,169 pupils with disabilities were enrolled in government elementary schools, according to data relating to the period from 2013 to 2014 from the Department of Education, out of some 5.49 million children with “special needs”, who comprised 13 per cent of the total population of children);
(c) The education of children, young persons and adults with disabilities in regular educational facilities is hindered by the barriers to accessibility, and the lack of universal design for learning and of reasonable accommodations in all academic and social aspects of student life;
(d) That the Governance of Basic Education Act of 2001 only covers official elementary schools;
(e) The general lack of quantitative data on access to education and the outcomes of education for persons with disabilities, and the inconsistency of data collected by different entities.
The Committee recommends that the State party:
(a) Enact legislation recognizing inclusive education in line with the Committee’s general comment No. 4 (2016) on the right to inclusive education, and adopt a time frame to implement inclusion;
(b) Improve the implementation of the principle of universal design, including accessibility and reasonable accommodation for learning;
(c) Recognize and provide reasonable accommodation in all academic and social aspects of student life, and ensure teacher training to support students with disabilities in regular classrooms;
(d) Enact specific legislation to support the implementation of reasonable accommodation, individualized learning and inclusive classrooms across the State party;
(e) Take legislative and administrative measures to ensure the availability of accessible learning materials at the technical and higher education levels for persons with disabilities;
(f) Adhere to targets 4.5 and 4 (a) of the Sustainable Development Goals to ensure equal access to all levels of education and vocational training, and build and upgrade education facilities that are disability-sensitive and safe.
Poland
(29 October 2018, CRPD/C/SR.409 and CRPD/C/SR.410, Concluding observations on the initial report, paras. 41, 42)- 20th Session
The Committee is concerned about:
(a) The lack of specific provisions to support the implementation of inclusive education, and the confusion between the terms “integration” and “inclusion”;
(b) The fact that the majority of students with disabilities, particularly with moderate and severe disabilities, are educated in segregated education settings;
(c) The lack of awareness about inclusive education among school masters and parents of non-disabled children, and the lack of adequate training of teachers about inclusive education.
Recalling its general comment No. 4 (2016) on the right to inclusive education and Sustainable Development Goal 4, targets 4.5 and 4 (a), the Committee recommends that the State party:
(a) Enact specific provisions to support the implementation of reasonable accommodation, individualized learning curriculum and inclusive classroom teaching in accessible learning environments;
(b) Support measures for schools, including support for teachers, to advance inclusive education for students with moderate or severe disabilities;
(c) Raise awareness among parents of non-disabled children about the advantages of inclusive education for all, and provide training for school masters and teachers on inclusive education methods and best practices.
R
Rwanda
(3 May 2019, CRPD/C/RWA/1, Concluding observations on the initial report, paras. 43, 44) - 21st Session
The Committee is concerned that children with disabilities face barriers to the enjoyment of the right to quality, inclusive education in mainstream schools, especially children with disabilities in refugee camps and institutions. The Committee is deeply concerned that more than 40,000 children with disabilities remain out of school owing to long distances, insufficient mobility aids, lack of accessibility and lack of individualized accommodation, especially in remote or rural areas.
Recalling its general comment No. 4 (2016) on the right to inclusive education and Sustainable Development Goal 4, especially targets 4.5 and 4.a, the Committee recommends that the State party take all appropriate measures to ensure the right of all children with disabilities to quality and inclusive education, including by removing physical, communication, information and other barriers, ensuring the provision of individualized accommodation such as assistive devices, support and accessible curricula and materials and fostering an inclusive environment.
S
Saudi Arabia
(13 May 2019, CRPD/C/SAU/1, Concluding observations on the initial report, paras. 43, 44) - 21st Session
The Committee is concerned about the continued practice of placing children with disabilities in segregated educational settings, which results in their exclusion from the mainstream educational system based on impairment.
In line with the Committee’s general comment No. 4 (2014) on the right to inclusive education and targets 4.5 and 4.A of the Sustainable Development Goals, the Committee recommends that the State party, through the Ministry of Education, take the measures necessary to transform the current education system into an inclusive education system at all levels and for all children with disabilities, and promote and ensure the provision of individualized accommodation and support staff in classrooms.
Senegal
(13 May 2019, CRPD/C/SEN/1, Concluding observations on the initial report, paras. 41, 42) - 21st Session
The Committee is concerned about the lack of an inclusive education system in the State party, and in particular about the lack of:
(a) Educational opportunities in mainstream schools and vocational and technical training for persons with disabilities, especially girls and children who are deaf, blind or have intellectual or physical impairments;
(b) Training for teachers on the skills and competencies required to promote inclusive education, and the insufficient number of teachers proficient in sign language;
(c) Systematic data, disaggregated by sex and type of impairment, on the number and proportion of children with disabilities in mainstream schools receiving individualized support, and on the enrolment and dropout rates of children with disabilities.
The Committee recommends that the State party, in line with the Committee’s general comment No. 4 (2016) on the right to inclusive education:
(a) Adopt specific measures to eliminate discrimination against children with disabilities in schools and to provide individualized accommodation
, and ensure that children with disabilities are treated with dignity and respect and that they benefit from effective school inclusion programmes;(b) Take the measures necessary to transform the education system into an inclusive education system, including the adoption of legislation, policies and programmes with measurable indicators and timelines;
(c) Provide disaggregated data on the number of children with disabilities mainstreamed into the regular school environment with adequate teaching support measures to enable them to reach their full potential;
(d) Pay attention to the links between article 24 of the Convention and Sustainable Development Goal 4, particularly targets 4.5 and 4.A, to ensure equal access to all levels of education and vocational training and to build and upgrade education facilities that are disability-sensitive and safe.
Seychelles
(16 April 2018, CRPD/C/SYC/1 and Corr.1, Concluding observations on the initial report, paras. 41, 42) - 19th Session
The Committee is concerned that special, segregated education persists, despite the policy on inclusive education adopted in 2015 and contrary to the Convention and the Committee’s general comment No. 4 (2016) on the right to inclusive education. It notes with concern that:
(a) There is no legal duty to provide and monitor the provision of reasonable accommodation to students with disabilities in mainstream education;
(b) There is no mechanism to monitor accessibility standards within and outside school infrastructures and that facilities and services remain inaccessible;
(c) There is no training for pedagogical and non-pedagogical staff on the right to inclusive education;
(d) The budgetary allocation to support the policy of inclusive education is insufficient;
(e) The State party has not carried out any research on the socioeconomic and cultural benefits of inclusive education.
Recalling its general comment No. 4 (2016) on the right to inclusive education and Sustainable Development Goal 4, especially targets 4.5 and 4.a, the Committee urges the State party to:
(a) Introduce new legislation or amend the Education Act 2004 to bring it into line with article 24 of the Convention and its general comment No. 4, including the recognition that denial of reasonable accommodation for students with disabilities constitutes discrimination;
(b) Set up a mechanism to monitor accessibility standards both inside and outside the school environment;
(c) Ensure the adequate and continuous capacity-building and training of all schoolteachers and education personnel on inclusive education;
(d) Provide sufficient resources and continue efforts to implement its inclusive education policy and to transform its education system, ensuring that children with disabilities have the necessary support services to exercise their right to education;
(e) Carry out research on the socioeconomic and cultural benefits of the right to inclusive education as a tool to promote awareness-raising on the human rights model of disability and inclusive education.
Slovenia
(16 April 2018, (CRPD/C/SVN/1, Concluding observations on the initial report, paras. 39, 40) - 19th Session
The Committee is concerned about:
(a) The existing parallel education systems, special and mainstream, for children with disabilities;
(b) The lack of concrete targets and provisions for implementing inclusive education in existing policies and legislation providing for inclusive education;
(c) The insufficient capacity of regular schools to provide for curriculum accommodation and inclusive learning environments and, in particular, the lack of skills and knowledge among teachers about inclusive teaching methodologies and the low expectations of the capacities of children with disabilities;
(d) The lack of accessibility and reasonable accommodation for persons with disabilities in tertiary education, including higher education institutions and vocational schools;
(e) Physical barriers to transport students with disabilities from their place of residence to school facilities.
Recalling its general comment No. 4 (2016) on the right to inclusive education and targets 4.5 and 4.a of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Recognize the right of all children with disabilities to inclusive education and abandon segregated education schemes;
(b) Adopt a strategy and action plan with a clear time frame for the implementation of inclusive education at all levels for all children with disabilities and, further, establish a comprehensive monitoring system to assess the progress of inclusive education;
(c) Strengthen the capacity of inclusive schools to train teachers in inclusive education, curriculum accommodation and teaching methods. The State party should enhance the quality of educational support by adopting an individualized approach to children with disabilities and their capacity-building;
(d) Provide lifelong learning for persons with disabilities and ensure accessibility and reasonable accommodation in all tertiary education institutions, including vocational and higher education schools;
(e) Provide transport services for students with disabilities from their place of residence to their education facilities.
South Africa
(23 October 2018, (CRPD/C/ZAF/1 and Corr.1, Concluding observations on the initial report, paras. 40, 41) - 20th Session
The Committee notes with concern:
(a) The high number of students with disabilities, including girls with disabilities, those with intellectual disabilities or autism and those who are deaf or hard of hearing, who still remain largely outside the school system, the continuing growth in special education schools as opposed to inclusive education, and the lack of safety in school hostels;
(b) Barriers against students with disabilities to access mainstream schools, including discrimination in admissions to school, long distances, poor transportation, a lack of teachers trained in inclusive education, sign language, Braille and Easy Read, a lack of accessible curricula, and negative societal attitudes against the attendance of children with disabilities at regular and inclusive schools;
(c) The lack of information on budgetary allocations for the promotion of inclusive education, and the absence of systematic data collection, disaggregated by sex and type of impairment, on the number of children with disabilities mainstreamed into regular and inclusive school environments and the enrolment and dropout rates of children with disabilities in both mainstream and special schools;
(d) The absence of effective measures to provide reasonable accommodation in the education system, including the absence of sufficient learning materials, especially in remote and rural areas, and of a reporting mechanism for parents and children with disabilities who are denied access to education or reasonable accommodation to ensure accountability.
The Committee recommends that the State party, in line with general comment No. 4:
(a) Adopt, implement and oversee inclusive education as the guiding principle of the education system and develop a comprehensive plan to extend it throughout its territory, in which children can stay in their local schools, not be removed from their families and live in hostels;
(b) Intensify efforts at allocating sufficient financial and human resources for reasonable accommodations that will enable children with disabilities, including children with intellectual disabilities or autism and those who are deaf or hard of hearing, to receive inclusive and quality education, including engaging in systematic data collection, disaggregated by sex and type of impairment, on the number of children mainstreamed into regular and inclusive schools and the dropout rates;
(c) Establish an effective and permanent programme for training teachers in inclusive education, including learning sign language, Braille and Easy Read skills;
(d) Prepare a time-bound plan of action to address the high levels of physical, sexual, verbal and emotional abuse, including bullying, in special schools, together with a monitoring framework, and review the provisions of the Children’s Act on child and youth centres to ensure regulated and safe school environments, including school hostels.
Spain
(13 May 2019, CRPD/C/ESP/2-3, Concluding observations on the combined second and third periodic reports, paras. 45, 46, 47) - 21st Session
The Committee is concerned about the limited progress made by the State party with regard to inclusive education, including the lack of a clear policy and action plan for the promotion of inclusive education. The Committee is particularly concerned that the State party has maintained all regulatory provisions on special education and a medical impairment-based approach. The Committee is concerned that a high number of children with disabilities, including autism, intellectual or psychosocial and multiple disabilities, are still receiving segregated special education.
Recalling its general comment No. 4 (2016) on the right to inclusive education and targets 4.5 and 4.A of the Sustainable Development Goals, the Committee reiterates the recommendations provided in its report on the inquiry concerning Spain under article 6 of the Optional Protocol to the Convention (CRPD/C/20/3), urging the State party to expedite legislative reform in line with the Convention, in order to clearly define inclusion and its specific objectives at each educational level.
The Committee recommends that the State party take measures to view inclusive education as a right, and grant all students with disabilities, regardless of their personal characteristics, the right to access inclusive learning opportunities in the mainstream education system, with access to support services as required. The Committee also recommends that the State party implement all other recommendations contained in the report on the inquiry.
The Committee recommends that the State party formulate a comprehensive inclusive education policy with strategies for promoting a culture of inclusion in mainstream education, including individualized human-rights based assessments of educational requirements and necessary accommodation, support for teachers, respect for diversity in ensuring the rights to equality and non-discrimination, and the full and effective participation of persons with disabilities in society.
T
Turkey
(1 October 2019, CRPD/C/TUR/1, Concluding observations on the initial report, paras. 48, 49)- 21st Session
The Committee is concerned about:
(a) The persistence of segregated education, which is discriminatory at all levels, and the absence of an inclusive education system, reasonable accommodations and support, at all levels of education, despite the improvements to the physical accessibility of schools;
(b) The absence of systematic data on children with disabilities receiving individualized support in mainstream schools;
(c) The fact that curricula, in particular on mathematics and computing, have not been adapted to the requirements of students with disabilities, that teachers and nonteaching staff lack training on fostering quality, inclusive education, resulting in de facto denial of education for students who are deafblind.
With reference to the Committee’s general comment No. 4 (2016) on the right to inclusive education, the Committee recommends that the State party:
(a) Recognize inclusive education in its legislation as a substantive enforceable right, and adopt public policies and strategies to implement it at all levels, including in higher education, with appropriate human, technical and financial resources;
(b) Ensure the provision of adequate individualized support and accommodations to enable children with disabilities, including children with intellectual disabilities, to receive quality inclusive education on an equal basis with others;
(c) Ensure the systematic collection of data, disaggregated by age, sex, impairment and location, on progress towards achieving inclusive education;
(d) Adapt curricula around students’ requirements, and provide training to teachers and other staff working in the education system on the rights of persons with disabilities under the Convention and competencies to foster inclusive education.
V
Vanuatu
(13 May 2019, CRPD/C/VUT/1, Concluding observations on the initial report, paras. 40, 41) - 21st Session
The Committee is concerned that:
(a) Many children with disabilities remain at home and do not receive support to access inclusive education;
(b) One of two schools with inclusive education has stopped its pilot programme due to budgetary constraints;
(c) There is a lack of accessible educational materials, facilities and accessible formats of communication in schools, including sign language, Braille, Easy Read and plain language;
(d) There is insufficient training for teachers and non-teaching staff on the right to inclusive education.
Recalling its general comment No. 4 (2016) on the right to inclusive education and Sustainable Development Goal 4, especially targets 4.5 and 4.A, the Committee recommends that the State party:
(a) Strengthen efforts to raise awareness among families of children with disabilities and their communities about the right of children with disabilities to inclusive education;
(b) Provide sufficient human, technical and financial resources and continue efforts to implement the Inclusive Education Policy and Strategic Plan (2010–2020) to ensure that children with disabilities enjoy their right to inclusive education in all mainstream schools, with individualized support;
(c) Ensure that persons with disabilities are not denied reasonable accommodation at all levels of education through individualized support, including the use of technology, classroom support and accessible learning materials;
(d) Ensure continuous training for teachers and non-teaching staff on inclusive education at all levels, including training in sign language and other accessible formats of information and communication.
Y
Yugoslav Republic of Macedonia
(29 October 2018, CRPD/C/MKD/1 and Corr.1, Concluding observations on the initial report, paras. 39, 40) - 20th Session
The Committee is concerned that the Law on Protection of Children and the Law on Primary Education still allow for the segregation of students with disabilities, and that segregated education environments persist, especially for students with intellectual disabilities. The Committee is further concerned that there is no updated comprehensive strategy aimed at an inclusive education system, with fixed deadlines and outputs and allocation of adequate financial, human and technical resources, especially for students with intellectual disabilities.
In line with its general comment No. 4 (2016) on the right to inclusive education, and targets 4.5 and 4.8 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Revise the Law on Protection of Children and the Law on Primary Education so that they expressly promote inclusive education and include disability as a ground for discrimination, and prohibit denial of reasonable accommodation as a form of disability-based discrimination;
(b) Immediately enact a plan of transition to ensure inclusive education for persons with disabilities at all levels, including in higher education institutions;
(c) Provide adequate support, resources and qualified training of teachers and auxiliary staff to foster inclusion, particularly of students with intellectual or psychosocial disabilities and girls with disabilities;
(d) Ensure universal accessibility to educational premises, including universities;
(e) Explicitly and immediately enforce the prohibition of exclusion of learners with disabilities from regular schools on the basis of their impairments.
Page last updated: Tuesday 07 June 2022