A/HRC/4/29
page 9
instruments followed, the most pertinent for this report being the International Covenant on
Economic, Social and Cultural Rights in 1966. Article 13 of the Covenant gave further detail to
the Universal Declaration by formally acknowledging the right of everyone to free and
compulsory primary education as well as, progressively, to free secondary and tertiary education.
This acknowledgement was reiterated in article 28 of the Convention on the Rights of the Child
some 23 years later.
17.
Although these instruments do not refer explicitly to inclusive education, certain
elements of the right to education implicitly serve to promote the concept. Notably, article 13 of
the International Covenant on Economic, Social and Cultural Rights highlights education’s role
of enabling, “all persons to participate effectively in a free society” [emphasis added]. Again,
the principle was reiterated in the Convention on the Rights of the Child, but this time more
explicitly in its articles 29 and 23: the former by focusing on the purposes of education and the
latter, relating specifically to children with disabilities, by imposing an obligation on States to
ensure that children with disabilities have “effective access to and receive education, training,
health-care services, rehabilitation services, preparation for employment and recreation
opportunities in a manner conducive to the child’s achieving the fullest possible social
integration and individual development”.
18.
The principal applicable programmatic frameworks include the World Conference on
Education for All, held in Jomtien, Thailand, in 1990, which set the now well-known goal of
“education for all”, promoting equity and universal access to education. In a further
development, the Standard Rules on the Equalization of Opportunities for Persons with
Disabilities were adopted in 1993, focusing, as their title suggests, on the “equalization of
opportunities and participation in all aspects of society” for persons with disabilities. The
Salamanca Statement on Principles, Policy and Practice in Special Needs Education of UNESCO
followed in 1994, asserting that education for all could not be achieved without including all
types of learners in one learning environment. Notably, its paragraph 2 states that “regular
schools with this inclusive orientation are the most effective means of combating discriminatory
attitudes, creating welcoming communities, building an inclusive society and achieving
education for all”.
19.
The World Education Forum, held in Dakar from 26 to 28 April 2000, reiterated the need
to focus on access to education and inclusion for learners from disadvantaged or marginalized
backgrounds. To meet this goal, the expanded commentary on the Dakar Framework for Action
stresses that “education systems must be inclusive, actively seeking out children who are not
enrolled, and responding flexibly to the circumstances and needs of all learners” (para. 33).
20.
In September 2006, the Committee on the Rights of the Child adopted its
general comment No. 9 on the rights of children with disabilities. This general comment
specifically views inclusive education as the goal of educating children with disabilities and
indicates that States should aim at providing “schools with appropriate accommodation and
individual support” for these persons.15
15
Committee on the Rights of the Child, general comment No. 9 on the rights of children with
disabilities (CRC/C/GC/9, para. 64).
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