A/HRC/25/29
36.
Measures to eradicate physical and communication barriers have generally focused
on the modification of infrastructure, the provision of accessible transportation and
communication tools, as well as the promotion of universal design.
37.
To respond to socioeconomic barriers, States may provide financial assistance or
incentives for students with disabilities. It is important to note that free primary education
for all implies that accessibility measures should also be free of charge. The Finnish Basic
Education Act provides a good example of this, stating that a pupil with disability has,
additionally, the right to free interpretation and assistance services in order to participate in
education.
38.
Barriers arising from the attitudes of teachers, fellow students and families can be
considerable and are often difficult to surmount. It is important to note that, in Norway, for
example, the Education Act recognizes that accessibility efforts shall apply to both the
physical and the psychosocial environment. Measures to raise public awareness under
article 8 of the Convention on the Rights of Persons with Disabilities can help overcome
barriers of this nature.
39.
The requirement to guarantee accessibility should be established by legislation and
supported with adequate funding. In addition, schools may receive higher budget
allocations per student for pupils with disabilities (e.g. in Mongolia it is three times higher)
to cover expenses related to accessibility. There are good examples of interventions of
different scales, from larger projects (the National “700 Schools” Programme in Argentina)
to pilot projects, as in Georgia.33 While the implementation of accessibility measures is
often assigned to local administrations, standards need to be developed at the national
level.34
40.
Accessibility means that adequate measures are taken so that all students can
participate meaningfully. Accessibility should also inform the design of education policies.
If respected, accessibility will progressively lead to more inclusive schools. Some school
systems establish indicators to measure progress on the implementation of accessibility
measures. These indicators should also cover challenges related to access to
communication.
D.
Reasonable accommodation in education
41.
Reasonable accommodation as defined in the Convention on the Rights of Persons
with Disabilities is an anti-discrimination measure to be realized with immediate effect.35
The purpose of this measure is to ensure that a person with disability has access to
education in the existing system on an equal basis with others. Denial of reasonable
accommodation constitutes a violation of the Convention.
42.
Inclusive education systems are designed to provide for a diverse constituency of
students. However, even the most advanced inclusive education system may have gaps in
its design because of the specific individual needs of students. In such an instance, an
inclusive system would respond by reviewing its practice to determine whether the gaps
33
34
35
Under a project to introduce inclusive education in 10 public schools in Tbilisi, 10 schools were made
accessible between 2006 and 2008 in accordance with article 9 of the Convention on the Rights of
Persons with Disabilities.
See also article 9, paragraph 2 (a), of the Convention on the Rights of Persons with Disabilities on
minimum standards and guidelines for accessibility.
See, for example, Committee on the Rights of Persons with Disabilities, concluding observations on
the initial report of Spain, CRPD/C/ESP/CO/1, para. 44.
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