A/HRC/25/29
existing resources, adapt rules and procedures, and ensure that the role of relevant
ministries is compliant with a rights-based approach, rather than charity or medical-based
approaches. Centralization does not exclude local jurisdictions, as their involvement
provides for better participation for those directly affected, as required in article 4,
paragraph 3, of the Convention.
59.
Some systems provide for differential budgets for mainstream schools and special
schools. Merging budgets under one inclusive strategy is a useful tool to accompany the
move towards an inclusive education system. Serious political will and authority is needed
to overcome institutional resistance to such change.
60.
The transformation of special schools into resource centres for inclusion is
important. Some integration systems already have this measure enshrined in their
legislation. In Chile, Norway and Spain, special education resources can support
mainstream schools in the integration process. Georgia and Costa Rica have projects to
provide integration services with a view to moving towards inclusion. It is desirable that
resource centres are a part of an inclusive framework under the control of the ministry of
education.
61.
The best way to learn how to include is by including. Students with disabilities
should be transferred into mainstream schools to enhance the understanding that inclusive
education systems need, and should be a key part of, a transformation plan. Belgium and
Georgia have progressively implemented transfer programmes into general education for
students with disabilities.
62.
Implementation requires both measurable goals with a human rights focus and
adequate data collection processes. In order to measure progress on the full realization of
the right to inclusive education, developing monitoring frameworks with structural, process
and outcome indicators, and specific benchmarks and targets for each indicator is
advisable.40 Structural indicators should measure barriers to inclusive education and not be
limited merely to collecting data disaggregated by impairment.41 Process indicators allow
for a better grasp of the progress of the transformation, including by measuring the number
of teachers trained on inclusive instructional strategies, the number of accessible schools
and the number of students with disabilities transferred from special schools to regular
schools. Outcome indicators should also be established. These may include: the percentage
of students with disabilities in mainstream schools that started basic education and obtained
their final certification, and the percentage of students admitted to secondary education.
The quality of education should also be measured in the light of the different elements
mentioned in paragraph 28 above. It is furthermore advisable to measure affirmative
measures, such as quotas or incentives.
63.
Remedies and reparation in cases of violations are important components of the
national implementation process. Relevant laws should include effective remedies or other
adequate complaints procedures. The Flemish Parliament laws on primary and secondary
education foresee mediation when admission in mainstream schools is denied, allowing for
appeals if the mediation fails. Ultimately, sanctions could be applied. Belgian antidiscrimination law includes criminal sanctions for intentional refusal of reasonable
accommodation, which is mandatory in the area of education. A prerequisite for seeking a
remedy or reparations constitutes the full implementation of article 13 of the Convention on
the Rights of Persons with Disabilities on access to justice. States that are not yet part of the
40
41
See OHCHR, Human Rights Indicators: A guide to measurement and implementation (New York and
Geneva, 2012)
Portugal, for example, has established inclusive structural indicators.
15
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