A/HRC/25/29 24. Article 24, paragraph 5, refers to access to general tertiary education, vocational training, adult education and lifelong learning. In it, the right of persons with disabilities to access these opportunities without discrimination and on an equal basis with others is reaffirmed. This implies both a general accessibility requirement and the provision of reasonable accommodation. 25. The Committee on the Rights of Persons with Disabilities has called for States parties to guarantee and implement the right to inclusive education in its concluding observations.24 The Committee has encouraged a gender approach in the implementation of article 24.25 It has also recommended the inclusion in mainstream schools of Roma children,26 persons of African descent,27 indigenous people and those living in rural areas.28 The Committee has on various occasions expressed an opinion on favouring mainstream schools over special schools.29 III. The right to inclusive education of persons with disabilities A. No-rejection clause 26. The right of persons with disabilities to receive education in mainstream schools is included in article 24, paragraph 2 (a), which states that no student can be rejected from general education on the basis of disability. As an anti-discrimination measure, the “norejection clause” has immediate effect and is reinforced by reasonable accommodation. It is advised that education laws explicitly state a “no-rejection clause”, forbidding the denial of admission into mainstream schools and guaranteeing continuity in education. Impairmentbased assessment to assign schools should be discontinued and support needs for effective participation in mainstream schools assessed. For examples, New Brunswick, Canada, has a school policy that provides for non-rejection of students from mainstream education30 by guaranteeing inclusive education. 27. The legal framework for education should require every measure possible to avoid exclusion. Some education systems establish specific mechanisms that have the effect of excluding students for instance by setting age limits on the completion of grades. 24 25 26 27 28 29 30 See, for example, those on the initial reports of Argentina, CRPD/C/ARG/CO/1, and Spain, CRPD/C/ESP/CO/1. See, for example, the lists of issues on the initial reports of Austria, CRPD/C/AUT/Q/1, Argentina, CRPD/C/ARG/Q/1, China, CRPD/C/CHN/Q/1, and Peru, CRPD/C/PER/Q/1. See its concluding observations on the initial report of Hungary, CRPD/C/HUN/CO/1. See its concluding observations on the initial report of Peru, CRPD/C/PER/CO/1. See its concluding observations on the initial reports of Argentina, CRPD/C/ARG/CO/1, and Paraguay, CRPD/C/PRY/CO/1. See its concluding observations on the initial reports of Paraguay, CRPD/C/PRY/CO/1 (on reorienting segregated special education towards the inclusive model); Argentina, CRPD/C/ARG/CO/1 (on ensuring that pupils with disabilities who attend special schools are enrolled in inclusive schools); China, CRPD/C/CHN/CO/1 (on reallocating resources from the special education system to promote the inclusive education in mainstream schools); CRPD/C/AUS/CO/1 (expressing concern that students with disabilities continue to be placed in special schools and many of those who are in regular schools are largely confined to special classes or units). Canada, New Brunswick, Department of Education and Early Childhood Development, policy No. 322 on inclusive education: “6.2.2 The following practices must not occur: 1) Segregated, selfcontained programs or classes for students with learning or behavioural challenges, either in school or in community-based learning opportunities. 2) Alternative education programs for students enrolled in kindergarten to grade eight”. 9