NGO Comments on the draft text
Draft article 17 - Education

World Blind Union
International Disability Alliance

1. States Parties recognise the right of all girls, boys, young people, women and men with disabilities to quality education. With a view to achieving this right progressively and on the basis of equal opportunity, the education of girls, boys, young people, women and men with disabilities shall be directed to:

(a) building a society that is inclusive to all girls, boys, young people, women and men

(b) the full development of the human potential and sense of dignity and self worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;

(c) enabling all persons with disabilities to fully participate effectively in a free and inclusive society;

(d) the development of the individual’s personality, talents and abilities to their fullest potential;

(e) take into account individual learning needs;

2. In realising this right, States Parties shall ensure:
(a) that all girls, boys, young people, women and men with disabilities can choose inclusive and accessible education in their own community including access to early childhood and pre school education;

(b) the provision of required support, including the specialised training of teachers and other educational staff, an accessible curriculum, accessible teaching medium and materials, appropriate assistive devices, alternative and augmentative communication means, alternative learning strategies, universally accessible built environment, or other reasonable accommodations to ensure the full participation of persons with disabilities;

(c) that no child with disabilities is excluded from free and compulsory primary education on account of their disability;

(d) that no person with disability shall be required to undergo any medical treatment or intervention to correct, improve or alleviate any impairment, any actual or perceived disability as a condition of inclusive and full quality education

(e) reflect the same standards and objectives provided in the general education system moving towards national educational plans and curriculums

3. States Parties shall ensure that:

(a) Deaf and deafblind children and young persons have the right to receive education in their own groups and to become bilingual in sign language and their national spoken and written language. They also have the right to learn additional foreign languages, both signed and spoken/written. Each state Party shall take legislative, administrative, political and other measures needed to provide quality education using sign language, by ensuring the employment of Deaf teachers and also hearing teachers who are fluent in sign language

(b) Blind, partially sighted and deafblind children and young persons, have the right to receive education in their own groups and to gain literacy, mathematics, geography and chemistry skills with learning materials, in Braille and or through alternative formats including assistive devises. Daily life skills and mobility training must be provided parallel with the class room education, in order to gain full independence. This also includes right to an education provided by teachers with competence to teach communication skills and have received training relevant to the specific needs of blind, partially sighted and deafblind persons.

4. States Parties shall ensure that persons with disabilities shall access secondary and higher education, vocational training, adult education and lifelong learning on an equal basis with others. To that end, States Parties shall render appropriate assistance to persons with disabilities.

Intervention by (Australian) National Association of Community Legal Centres, People with Disability Australia Incorporated, Australian Federation of Disability Organisations

Mr Chairman:

We support footnote 55 of the working group text, which suggests that Article 17 should make explicit reference to “training” in addition to education.

We recommend that references to children and primary education are replaced with broader terms to ensure this article applies to education at all life stages. This would allow sub-paragraph 5 to be deleted.

We strongly urge States to maintain the obligation to provide inclusive education to people with disability. We are disappointed that some States, including Australia, have sought to water down these obligations by qualifying phrases that impose duties on States. Education is essential to the proper realization of human rights. States who have made a commitment to equality for people with disability earlier in this debate cannot now abrogate that responsibility by reducing state obligations to mere options.

We recognize the importance of specialist education in disability specific language and skills for particular groups, but believe that such education should be provided inclusively within the mainstream education system. For example, it may be that a student enrolled in a mainstream educational facility will need to attend separate classes for the purpose of learning Braille or sign language.

Students receive much more than purely academic learning and development within an educational environment. Many social and life skills are also acquired, often informally. It is important that people with disability have the opportunity to interact with other students and teachers without disability for at least three reasons:

(a) people with disability, during and once we have completed our education, will be interacting with the wider community where broad life experience and skills are essential for continuing participation in society;

(b) interaction between students with disability and students and teachers who do not have disability promotes a general understanding and awareness of disability which in itself promotes a more inclusive society; and

(c) people with disability form life-long networks during their education. It is important that they have the opportunity to develop these networks with non-disabled as well as disabled people.

We strongly recommend that paragraph 1 is amended to recognise the right of all persons with disability to an inclusive education in a school of our choice in our local community and urge delegates to delete paragraph 3, which would justify continued discrimination against, and segregation of, people with disability.

Finally, we support the International Labour Organisation’s recommendations concerning greater recognition of school to work transitional education, and other vocational and vocational rehabilitation training in this convention.

Thank you for the opportunity to make this intervention.

PROPOSAL by Save the Children

Article 17 Education and Training

The basic principle is that disabled children and adults, like all persons have a right to education and training. We emphasise the obligation of governments to provide compulsory and quality education for all children and adults.

We stress the fact that education and training is not only important to develop academic and practical skills but equally important to socialise with peers and to participate in society.

We wish to recognise the Salamanca agreement, Dakar agreement and Standard Rules on inclusive education ¹. We emphasise the importance of equal access, utility of education and child-focussed methods enabling disabled children, like all children to achieve their full potential. We wish to avoid pre-selected training or any kind of education on the basis of perceived disability instead of the potential of the child.

We stress the importance of transformation of special education towards the preparation for and support of persons with disabilities in inclusive settings and to support the education system to become inclusive for all children and adults with disabilities ². We want to recognise the ongoing importance of special education and training for those persons who can not fully develop their potential in inclusive settings because of specific learning requirements which can not be reasonably met in mainstream schools. However special education where needed has to be provided within the community and as far as possible within existing school structures.

Suggested changes
17.1 States Parties recognise the right of all children and adults with disabilities to inclusive education. The education and training of students with disabilities shall be directed to:
a. building a society that is inclusive to all
b->c; c->d; d->e

17.2 In realising this right, States Parties shall endeavour to ensure:
a. that all persons with disabilities can participate in inclusive and accessible education in their own community (including access to early childhood and pre-school education)
b. the provision of adequate support for change of the education system, positive attitudes of stakeholders; appropriate training and mentoring of teachers and educational support staff, student centred curriculum, flexible teaching methods, appropriate teaching aids and equipment, alternative and augmentative communication modes, an inclusive physical and learning environment, parent and community involvement , to ensure the full participation of students with disabilities
c. that no person with a disability shall be required to undergo any medical treatment or intervention, to correct, improve or alleviate any actual or perceived disability as a condition to inclusive and full education

17.4->3 States Parties shall ensure that students with communication³ disabilities have the right to education in alternative language and or with alternative communication systems, to become bi-lingual and to learn the communication, learning and mobility skills for inclusive education and full participation within the class or school environment. State Parties shall take appropriate legislative, administrative and other measures for full inclusive education of all students with disabilities by ensuring appropriately skilled teachers and basic additional resources

17.5 States Parties shall ensure that persons with disabilities shall access secondary and tertiary education, vocational training, adult education and life long learning on an equal basis with others. To that end, States Parties shall render appropriate assistance to persons with disabilities

Footnotes