A/HRC/10/48
page 17
system of the country. Both direct and indirect legal barriers must be removed in the phase of
admission as well as during education. The duty to provide reasonable accommodation of the
individual’s requirements must be clearly established in national legislation. Such obligations
shall be clearly established for all education providers, public or private. Overall institutional
responsibility for the education of children with disabilities shall remain within the Ministry of
Education and laws placing the education of persons with disabilities under the competence of
the social welfare sector shall be repealed. Together with the obligations related to the right of
children with disabilities to free and compulsory primary education, such duties are immediately
applicable.
53. Secondly, States should formally identify standards of education to ensure that persons
with disabilities can enjoy available, accessible, acceptable and adaptable education on an equal
basis with others.45 While such standards are to be progressively realized, States are under the
obligation to take immediate steps towards the realization of the right to education by persons
with disabilities to the maximum of available resources. These standards shall cover at a
minimum: availability of inclusive, quality and free primary education and secondary education
on an equal basis with others in communities of residence; physical and communication access
(Braille, alternative script, augmentative and alternative methods, sign language); means and
format of communication and peer support; provision of individualized student support where
necessary; provision of adaptable curricula that aim at the full development of human potential,
the sense of dignity and self-worth of the human being and contribute to the development by
persons with disabilities of their talents, personality and creativity, and enable participation.46
8. Right to work and employment
54. Article 27 of the Convention emphasizes the right of persons with disabilities to work on
an equal basis with others, including their right to equal pay for equal work, as well as trade
union rights. The Convention prohibits discrimination on the basis of disability and guarantees
reasonable accommodation in all phases of work and employment, including recruitment, hiring
and employment, advancement and conditions of work. It requires positive measures to ensure
that the open labour market is inclusive to persons with disabilities and to promote opportunities
for employment or self-employment. Article 27 restates the prohibition of slavery and servitude
and the protection from forced or compulsory labour on an equal basis with others.
55. In the spirit of the Convention, any legislation on employment of persons with disabilities
needs to protect against any form of discrimination, direct and indirect, in all sectors, forms and
levels of employment. The prohibition of discrimination shall apply to all phases of employment,
including conditions for access to employment, to self-employment or occupation, including
selection criteria and recruitment conditions, vocational guidance, vocational training, practical
work experience, employment and working conditions, including dismissal and pay, membership
of, and involvement in, an organization of workers or employers, or any organization whose
members carry on a particular profession, including the benefits provided for by such
45
See also A/HRC/4/29, para. 28.
46
CRPD, art. 24, para. 1 (a), (b) and (c).
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