Education
States Parties recognise the right of persons with disabilities to education. With a view to realising this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and lifelong learning directed to:
(a) The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;
(b) The development by persons with disabilities of their personality, talents and creativity as well as their mental and physical abilities, to their fullest potential;
(c) Enabling persons with disabilities to participate effectively in a free society.
In realising this right, State Parties shall ensure that:
(d) Persons with disabilities are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability;
(e) Persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live;
(f) Reasonable accommodation of the individual’s requirements is provided;
(g) Persons with disabilities receive the support required, within the general education system, to facilitate their effective education;
(h) Effective individualised support measures are provided in environments that maximise academic and social development, consistent with the goal of full inclusion;
States Parties shall enable persons with disabilities to learn life and social development skills to facilitate their full and equal participation in education and as members of the community. To this end,
State Parties shall take appropriate measures, including:
(a) Facilitating the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring;
(b) Facilitating the learning of sign language and the promotion of the linguistic identity of the deaf community;
(c) Ensuring that the education of person, and in particular children, who are blind, deaf or deafblind, is delivered in the most appropriate languages and modes and means of communication for the individual, and in environments which maximise academic and social development.
In order to help ensure the realisation of this right, States Parties shall take appropriate measures to employ teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train professionals and staff who work at all levels of education. Such training shall incorporate disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities.
States Parties shall ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. To this end, States Parties shall ensure that reasonable accommodation is provided to persons with disabilities. (Article 24)
Obligations
This article applies the right to education to persons with disability. It requires State Parties to ensure that persons with disability have access to an inclusive education system at all levels, and to lifelong learning opportunities, including to tertiary, vocational and adult education. Reinforcing the CRPD’s general prohibition on disability discrimination, the article specifically requires State Parties to ensure the elimination of discrimination on the ground of disability from all aspects of education. Similarly, the article specifically requires State Parties to ensure that reasonable accommodation of impairment and disability related needs is provided at all levels of the education system. State Parties are required to ensure that education is directed towards a number of fundamental goals, which include the development of human personality and potential, a sense of dignity and self-worth, respect for human rights, fundamental freedom and human diversity, and effective participation in a free society. The article places overarching and repeated emphasis on inclusive education and requires State Parties to provide the individualised services and supports necessary for effective inclusion. Paragraphs 3 and 4 of the article focus particularly on the learning and social development needs of children and young persons with sensory disability. State Parties are required to facilitate the learning of Braille and other alternative modes, means and formats of communication, and orientation and mobility skills. State Parties are also required to facilitate peer support and mentoring to assist children and young persons with sensory disability develop a positive self-image and social networks. Children who are deaf or deafblind must be provided the opportunity to learn sign languages, and the linguistic identity of the deaf community must be promoted. Educational instruction must be delivered in the most appropriate languages and modes and means of communication for the child with sensory disability, and in environments that maximise their academic and social development. In order to realise these rights, State Parties are required to ensure that teachers are employed who are qualified in sign language and/or Braille, and to provide training to ensure that all staff working in the education system are sensitive to the needs of persons with disability, and are able to effectively use augmentative and alternative communication, and adapt and use educational techniques and materials appropriate for children with disability.
Indicators
• Persons with disability are accorded the right to education.
• Persons with disability are free from discrimination on the ground of disability in education.
• Education of persons with disability is inclusive at all levels of the education system.
• Persons with disability have access to life long learning, including general tertiary education, vocational training and adult education.
• Education is directed to:
• Persons with disability are not excluded from the general education system on the basis of disability.
• Persons with disability are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability.
• Persons with disability can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live.
• Students with disability are provided with reasonable accommodation of their impairment and disability related needs.
• Students with disability receive the support they require to facilitate their effective education within the general education system.
• Students with disability receive effective individualised support measures in fully inclusive environments that maximise academic and social development.
• Persons with disability have access to life and social development skills education to facilitate their full and equal participation in education and as members of the community.
• Persons with disability have the opportunity to learn:
• Persons with disability have access to peer support and mentoring.
• The linguistic identity of the Deaf community is promoted in educational settings.
• Education for children who are blind, deaf or deafblind is delivered in appropriate languages, including sign languages, and other modes and means of communication appropriate for the individual.
• Teachers are qualified in Australian sign language and proficient in the use of Braille.
• Staff at all levels of the education system are educated in disability awareness and in the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support students with disability.
Example
The right to education will be particularly relevant to people who through their work are involved in:
• Working in the provision of vocational and formal educative training of children and young people