General Comment on the Right to Inclusive Education

Historically viewed as welfare recipients, persons with disabilities are now recognized under international law as rights holders with a claim to the right to education without discrimination and on the basis of equal opportunities.

Recognition of inclusion as the key to achieving the right to education has strengthened over the past 30 years and is enshrined in the Convention on the Rights of Persons with Disabilities, the first legally binding instrument to contain a reference to the concept of quality inclusive education.

Barriers that impede access to inclusive education for persons with disabilities can be attributed to multiple factors, including:

The failure to understand or implement the human rights model of disability, according to which barriers within the community and society, rather than personal impairments, exclude persons with disabilities;

Lack of knowledge about the nature and advantages of inclusive and quality education and diversity, including regarding competitiveness, in learning for all; lack of outreach to all parents; and lack of appropriate responses to support requirements, leading to misplaced fears and stereotypes that inclusion will cause a deterioration in the quality of education or otherwise have a negative impact on others;

Lack of disaggregated data and research (both of which are necessary for accountability and programme development), which impedes the development of effective policies and interventions to promote inclusive and quality education;

Lack of political will, technical knowledge and capacity in implementing the right to inclusive education, including insufficient education of all teaching staff;

Inappropriate and inadequate funding mechanisms to provide incentives and reasonable accommodations for the inclusion of students with disabilities, interministerial coordination, support and sustainability;

Lack of legal remedies and mechanisms to claim redress for violations.

Educational institutions and programmes must be accessible to everyone, without discrimination.

The entire education system must be accessible, including buildings, information and communications tools, the curriculum, educational materials, teaching methods, assessments and language and support services.

The environment of students with disabilities must be designed to foster inclusion and guarantee their equality throughout their education.

States parties must also commit to the provision of reasonable accommodation in education environments when so required.

Acceptability is the obligation to design and implement all education-related facilities, goods and services taking fully into account and respecting the requirements, cultures, views and languages of persons with disabilities.

The form and substance of education provided must be acceptable to all.

Inclusion and quality are reciprocal: an inclusive approach can make a significant contribution to the quality of education.

Curricula must be conceived, designed and implemented in such a way as to meet and adjust to the requirements of every student, and provide appropriate educational responses.

Standardized assessments must be replaced with flexible and multiple forms of assessments and the recognition of individual progress towards broad goals that provide alternative routes for learning.

Persons with disabilities must be able to attend primary and secondary schools in the communities where they live. Students should not be sent away from home.

Using a lack of resources and the existence of financial crises to justify failure to make progress towards inclusive education violates article 24.