A/HRC/25/29 B. Normative evolution of the right to inclusive education 1. Inclusive education in international human rights treaties and legal instruments 10. The right to education is recognized as a fundamental human right in article 26 of the Universal Declaration of Human Rights and subsequently classified by a number of legal instruments that expanded its scope and clarified State obligations. This process eventually led to the acknowledgment in the Convention on the Rights of Persons with Disabilities that inclusive education is the best modality to comply with the universality of this right. The Convention against Discrimination in Education, the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Economic, Social and Cultural Rights were all advances towards this. 11. The right to education, as stated in article 13 of the Covenant, entails: (a) free and compulsory primary education for all; (b) secondary education – including technical and vocational education – and higher education available and equally accessible to all by the progressive introduction of free education; (c) the encouragement of fundamental education for adults who have not received or not completed primary education; and (d) the development of a school system, the establishment of a fellowship system, and programmes for the continuing improvement of the working conditions of teachers. In the Covenant, the right of parents or guardians to choose the kind of education that shall be given to their children is recognized, provided it conforms to the minimum educational standards. 12. Education in all of its forms and at all levels should exhibit four interrelated and essential features, namely, availability, accessibility, acceptability and adaptability14 (often referred to as the “4 As”). Availability means that an adequate number of functioning educational institutions are available; accessibility requires them to be accessible – both physically and economically – to everyone without discrimination; acceptability means that the form and content of education must be relevant, culturally appropriate and of good quality, hence acceptable to students and, wherever appropriate, to parents. And finally, adaptability requires education to be flexible in order to adapt to the changing realities and needs of the students within their diverse social and cultural settings. Adaptability is also a need to develop schools capable of successfully educating all children, and is therefore a core principle of inclusive education. 13. While in the Covenant progressive realization is provided for and the constraints placed by limited available resources recognized, there are general and specific legal obligations contained in article 13 thereof that take immediate effect, including the elimination of discriminatory provisions and the provision of primary education for all. The failure to comply with these obligations constitutes a direct violation of the right to education.15 Under the non-discrimination provision in the Covenant, a reduction of structural disadvantages is required and the achievement of effective participation and equality for all persons with disabilities is given as an aim. This provision recognizes that persons with disabilities can be best educated within the general education system, and there is an implicit call in the Covenant to States to include persons with disabilities in mainstream education and lifelong training.16 14. Other international human rights treaties, including the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights 14 15 16 6 See Committee on Economic, Social and Cultural Rights, general comment No. 13, para. 6, and the preliminary report of the Special Rapporteur on the right to education, E/CN.4/1999/49, paras. 42–74. See Committee on Economic, Social and Cultural Rights, general comments No. 13, paras. 43–59, and No. 20 (2009) on non-discrimination in economic, social and cultural rights. See ibid., general comment No. 5 (1994) on persons with disabilities.