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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