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Article
24 - Education
Background Documents | Article
24 Background
Seventh Session | Sixth Session | Fifth
Session | Fourth Session | Third
Session
Working Group | References
Sixth Session
Draft article 17
30. The Committee noted that education laid the foundation for the participation
by persons with disabilities in society as a whole throughout their lives,
and that inclusiveness was one of the main themes of the Article (and of
the convention more generally). There was a need to balance this with the
other main theme of education options for persons with disabilities.
Paragraph 1
31. There was general agreement in the Committee that the obligations of
States in this draft article should not be qualified, and it was noted that
the issue of progressive realisation of economic, social and cultural rights
could be dealt with in an earlier general article that applies to the whole
convention including this paragraph.
32. There was otherwise general acceptance of the first sentence of paragraph
1 of the Working Group text. There was also general support to include,
as the second and third sentences of paragraph 1, a proposal on inclusiveness
in the general education system.
33. There was general agreement to replace “children with disabilities”
with “persons with disabilities” throughout this draft articles, except
in subparagraph 1d of the Working Group text, where the word “child” would
continue to be more appropriate.
34. There was also general agreement to include the word “creativity” in
paragraph 1(c).
35. The Committee noted the important reference to the “best interests of
the child” in paragraph 1(d), and agreed that the paragraph should not use
weaker language than was employed in the Convention on the Rights of the
Child. But there were divergent views on whether Article 17 was the appropriate
place for such a reference. There were also divergent views on whether to
retain the reference to “individualised education plans” from the Working
Group text. Some delegations supported the idea, but could not agree as
to how it should be expressed. Other delegations wanted the reference deleted.
36. Following the discussion, paragraph 1 currently reads:
1. States Parties recognise the right of all persons with disabilities to
education with a view to achieving this right [progressively and] on the
basis of equal opportunity. States Parties commit themselves to the goal
of inclusiveness of their general education systems. Where exceptionally
the general education system does not adequately meet the needs of persons
with disabilities, States Parties shall take appropriate measures to ensure
[quality/effective] alternative forms of education, bearing in mind the
goal of full inclusion. The education of persons with disabilities shall
be directed to:
(a) 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;
(b) enabling all persons with disabilities to participate effectively in
a free society;
(c) the development of the personality, creativity, talents and mental and
physical abilities of persons with disabilities to their fullest potential.
(d) the best interests of the child, which shall be of primary consideration,
[in particular by individualising education [plans] [and methods]];
Paragraph 2
37. On paragraph 2(c), there was some support to add the word “secondary”.
In doing so, the Committee noted that the reference, which now reads “free
and compulsory primary or secondary education”, did not create any new obligation
for States to provide free and compulsory secondary education. Rather, the
provision is a non-discrimination one, and means that if a State did provide
free and compulsory secondary education to the general population, then
it should also be provided to persons with disabilities.
38. Paragraph 2 currently reads:
2. In realising this right States Parties shall ensure:
(a) that all persons with disabilities [choose inclusive and accessible
quality/effective education] [have access to quality/effective education
in the general education system] [throughout their lives] [to the extent
possible] in the communities in which they live (including access to early
childhood and pre-school education);
(b) required support, including specialised training of teachers, school
counsellors and psychologists, an accessible curriculum, an accessible teaching
medium and technologies, alternative and augmentative communication modes,
alternative learning strategies, accessible physical environment, or other
reasonable accommodations to ensure the full participation of students with
disabilities;
(c) ensure that no person with disabilities is excluded from free and compulsory
primary or secondary education, or denied access to education, on account
of their disability;
Paragraph 3
39. There was general support to replace paragraph 3 of the Working Group
text. Some delegations favoured broadening the coverage of this paragraph
to include all persons with disabilities. But the Committee accepted that
this might be used as a basis for excluding all children with disabilities
from the general education system. There was general support, however, that
children with particular disabilities, such as blind, deaf and deafblind
children, may need to commence their learning in an environment that is
more specific to their needs. This would allow them to gain maximum benefit
from a fully inclusive general education system, and ultimately more effectively
participate in society.
40. One proposal, that received some support, reads:
3. States Parties shall ensure that blind, deaf and deafblind children and
young persons have the right to choose education in their own groups and
settings, where they shall be provided with the same level of support and
standards, consistent with other provisions in this article.
Paragraph 4
41. The Ad Hoc Committee debated the issue of acquisition of life skills.
While some delegations supported including this issue in a separate draft
article 17bis, most delegations were in favour of including the concept
in this paragraph. Many delegations also emphasised the importance of training
as well as education.
42. The Ad Hoc Committee also agreed to use the same language on types of
communication that was proposed during the discussion of draft article 13.
b
43. Paragraph 4 currently reads:
4. States Parties shall ensure that children with sensory and communication
disabilities may choose to be taught sign language or Braille, as appropriate,
and to receive the curriculum in sign language, or Braille, or augmentative
alternative communication or other accessible means, modes and formats of
communication. States Parties shall take appropriate measures to ensure
[quality/effective] education to students with sensory disabilities by ensuring
the employment of teachers who are fluent in sign language or Braille. States
Parties shall take appropriate measures to ensure that people with disabilities
have the opportunity to learn the life, social development, orientation
and mobility skills that are required for people with disabilities to participate
on an equal basis with others as members of the community.
Paragraph 5
44. There was general agreement to retain paragraph 5 of the Working Group
text.
45. Paragraph 5 currently reads:
5. States Parties shall ensure that persons with disabilities may access
general, tertiary education, vocational training, adult education and lifelong
learning on an equal basis with others. To that end, States Parties shall
render appropriate [assistance/support] to persons with disabilities.
46. The draft article was referred to the facilitator (Rosemary Kayess,
Australia) for further discussion.