A/HRC/40/27
institution with the misconceived expectation that they receive at least some form of
education.
B.
Implementing the right to education
42.
Inclusion in education is more than a means of ending segregation. Inclusive
education involves “a commitment to creating schools which respect and value diversity,
and aim to promote democratic principles and a set of values and beliefs relating to equality
and social justice so that all children can participate in teaching and learning”. 29 In its
general comment No. 4, the Committee on the Rights of Persons with Disabilities pointed
out that inclusive education was not about placing children with disabilities in existing
mainstream educational institutions and leaving them to adjust to the standardized
requirements of such institutions; rather, it involved a process of systemic reform
embodying changes and modifications in content, teaching methods, approaches, structures
and strategies in education to overcome barriers with a vision serving to provide all
students of the relevant age range with an equitable and participatory learning experience
and the environment that best corresponds to their requirements and preferences. Inclusive
education recognizes the capacity of every child to learn.
1.
Legal and policy framework
43.
The implementation of the right to inclusive education requires that States put in
place a comprehensive and coordinated legislative and policy framework ensuring a nondiscrimination approach and a progressive realization process to transform the general
education system into an inclusive system. 30 To ensure the non-discrimination perspective,
laws and policies should explicitly comprise a “no-rejection clause”, forbidding the denial
of admission into mainstream schools and guaranteeing continuity in education. As an antidiscrimination measure, such a clause would have immediate effect, and should be
reinforced and complemented by the provision of reasonable accommodation for
individuals with disabilities. Impairment-based assessment for the assignment of schools
should be discontinued, and the support needs for effective participation in mainstream
schools assessed.
2.
Transformation of the education system
44.
Inclusive education requires that the entire educational system be made accessible,
while the organizational culture of schools must be transformed to include all students,
including those with greater support requirements. A curriculum that has been adapted to
the situation of students with disabilities and others can support the transformational
process towards fully inclusive systems. Resources currently dedicated to special education
should be made available in the general education system, as segregated settings are
progressively replaced by inclusive settings. This implies investing in training, and the
provision of support and accessible materials and technologies.
3.
Training
45.
Inclusive education cannot be achieved if teachers are insufficiently aware of its
benefits, have uninformed or outdated opinions about the educational capabilities and needs
of children with disabilities, or lack the expertise to work with all students, with and
without disabilities. Conversely, teachers who are committed to teaching all children and
have the pedagogical skills to work in a diverse classroom environment are instrumental in
empowering children with disabilities to benefit fully from their education. As part of both
their initial training and continuous professional development, teachers at the preschool,
primary, secondary, tertiary and vocational education levels should be provided with the
core competencies and values necessary to work in an inclusive educational environment.
29
30
12
The right of children with disabilities to education: a rights-based approach to inclusive education,
Position Paper, UNICEF, 2012, p. 8.
Committee on the Rights of Persons with Disabilities, general comment No. 4, para. 63.
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