A/HRC/4/29 page 10 21. Most recently, in December 2006, the General Assembly in its resolution 61/106 adopted the Convention on the Rights of Persons with Disabilities (Disability Convention). This Convention unambiguously recognized the link between inclusive education and the right to education of persons with disabilities in its article 24 as follows: “States Parties recognize the right of persons with disabilities to education. With a view to realizing 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.” III. OBLIGATIONS IN RELATION TO THE RIGHT TO EDUCATION OF PERSONS WITH DISABILITIES The nature of responsibilities of States parties to human rights treaties 22. Human rights law places three broad obligations on States in relation to the right to education. First, the State must not interfere with the enjoyment of this right. Secondly, the State must protect against discrimination and ensure the equal enjoyment of this right between men and women.16 Thirdly, the State must take steps, using the maximum of available resources, with a view to achieving the full realization of the right to education.17 23. As parties to human rights treaties, it is of course States that have the primary legal obligation to respect, protect and fulfil the right to education under those treaties. However, in practice the active, non-discriminatory involvement of a wide range of additional actors is essential, if inclusive education is to be realized. Indeed, inclusion encompasses not only the rights of marginalized learners but also, more broadly, the acceleration of cultural and value shifts both in the education system and in the wider community generally. In this respect, three specific points are made below. These are followed by a brief review of minimum requirements of State legislative, policy and financial frameworks. Similarly, the success of inclusive education sometimes also depends on empowering local authorities to make decisions on accessibility and inclusion and holding these authorities accountable. 24. At the central government level, responsibility for the right to education of persons with disabilities is often spread among different institutions, such as a ministry for social affairs or a ministry of health. The potential for incoherent policy and legislation and their implementation in the context of inclusive education is obvious. A single government institution, the ministry of education, should therefore have the responsibility of ensuring the fulfilment of the right to inclusive education for all. 25. Responsibility for, and realization of, inclusive education is also of course inevitably dependent upon parents, communities and teachers. The United Nations Children’s Fund (UNICEF) states that all three are keys to supporting all aspects of society, and indeed all three 16 International Covenant on Economic, Social and Cultural Rights, art. 2, para. 2, and art. 3; Convention on the Rights of Persons with Disabilities, art. 4, para. 1. 17 International Covenant on Economic, Social and Cultural Rights, art. 2, para. 1; Convention on the Rights of Persons with Disabilities, art. 4, para. 2.

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