A/HRC/4/29
page 11
have the responsibility to promote and protect the right to inclusive education. However,
prevalent misconceptions about disability generally, the belief that children with disabilities must
either “adapt” to mainstream schools and/or that segregated schools are appropriate are currently
held by all three groups. It is vital that these misconceptions are broken down, and swiftly. To
this end, States should consider programmes to provide information and raise awareness among
the community generally on the importance of inclusive education. More specifically, if indeed
“teacher attitudes and tolerance are the vehicles for the construction of an inclusive and
participatory society”,18 as convincingly asserted by UNICEF, focused pre- and in-service
training for teachers is imperative, as is the establishment of training programmes for school
administrators, education planners and policy makers.
Policy, legislative and financial frameworks
26.
Adequate domestic policy, legislative and financial frameworks are a prerequisite for
States’ meeting their obligations in relation to the right to education generally and inclusive
education specifically. States should consequently ensure adequate, focused and effective
legislative, policy and financial frameworks. It is important here to emphasize that legislation is
not an end in itself and the impact of legislative frameworks depends on the level of
implementation, the sustainability of funding, effective monitoring and evaluation, as well as
more detailed policy frameworks that ensure that legal norms are translatable into practical terms
and programmes. At a minimum and with the above points in mind, these frameworks should:19
(a)
Recognize inclusive education as a right
27.
States should recognize inclusive education as an inherent component of the right to
education. To give guidance to the meaning of legislation and to entrench it, States should make
specific reference to any relevant treaty obligations under international human rights law.
(b)
Identify minimum standards in relation to the right to education
28.
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. These standards should cover at the minimum: physical access, communication
access (sign language and Braille), social access (to peers), economic access (affordability) of
schooling; early identification of special education needs and early childhood intervention; the
promotion of curriculum development that is common to all learners and fosters human rights
education and learning; the guarantee of mandatory pre-service and in-service training for
teachers and school administrators; the provision of individualized student support, where
necessary; the linking of all areas of education reform to ensure consistency throughout with the
right to education and inclusive education.
18
19
UNESCO (2005), op. cit., p. 17.
Adapted from Peters, Susan J., Inclusive Education: An EFA Strategy for All Children,
World Bank, November 2004, pp. 32-46.
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