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Jurisprudence of human rights treaty bodies
(Draft Article 17)
Accronyms:
CESCR: Committee on Economic, Social and Cultural Rights
HRC (ICCPR): Human Rights Committee
CERD: Committee on the Elimination of Racial Discrimination
CEDAW: Committee on the Elimination of All Forms of Discrimination against Women
CAT: Committee Against Torture
CRC: Committee on the Rights of the Child
Related to Draft Article 17, paragraph 2 (a)
CESCR, General Comment no. 5 (Persons with disabilities), para. 35: School
programmes in many countries today recognize that persons with disabilities
can best be educated within the general education system. Thus the Standard
Rules provide that "States should recognize the principle of equal
primary, secondary and tertiary educational opportunities for children,
youth and adults with disabilities, in integrated settings"…
Related to Draft Article 17, paragraph 2 (b)
CESCR, General Comment no. 5 (Persons with disabilities), para. 35: …States
should ensure that teachers are trained to educate children with disabilities
within regular schools and that the necessary equipment and support are
available to bring persons with disabilities up to the same level of education
as their non-disabled peers. In the case of deaf children, for example,
sign language should be recognized as a separate language to which the
children should have access and whose importance should be acknowledged
in their overall social environment.
Related to Draft Article 17, paragraph 2 (c)
CECR, General Comment no. 13 (Right to education), para. 31: The prohibition
against discrimination enshrined in article 2(2) of the Covenant is subject
to neither progressive realization nor the availability of resources;
it applies fully and immediately to all aspects of education and encompasses
all internationally prohibited grounds of discrimination. The Committee
interprets articles 2(2) and 3 in the light of the UNESCO Convention against
Discrimination in Education, the relevant provisions of the Convention
on the Elimination of All Forms of Discrimination against Women, the International
Convention on the Elimination of All Forms of Racial Discrimination, the
Convention on the Rights of the Child and the ILO Indigenous and Tribal
Peoples Convention, 1989 (Convention No. 169)…
CECR, General Comment no. 13 (Right to education), para. 37: States parties
must closely monitor education - including all relevant policies, institutions,
programmes, spending patterns and other practices - so as to identify
and take measures to redress any de facto discrimination. Educational
data should be disaggregated by the prohibited grounds of discrimination.
Related references under Draft Article 17, paragraph 3 (d)
CECR, General Comment no. 13 (Right to education), para. 33: In some
circumstances, separate educational systems or institutions for groups
defined by the categories in article 2 (2) shall be deemed not to constitute
a breach of the Covenant. In this regard, the Committee affirms article
2 of the UNESCO Convention against Discrimination in Education (1960).
Related references under Draft Article 17, paragraph 4
CESCR, General Comment no. 5 (Persons with disabilities), para. 35: …States
should ensure that teachers are trained to educate children with disabilities
within regular schools and that the necessary equipment and support are
available to bring persons with disabilities up to the same level of education
as their non-disabled peers. In the case of deaf children, for example,
sign language should be recognized as a separate language to which the
children should have access and whose importance should be acknowledged
in their overall social environment.
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