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Article
24 - Education
Background Documents | Article
24 Background
Seventh Session | Sixth Session | Fifth
Session | Fourth Session | Third
Session
Working Group | References
Compilation of proposed revisions and amendments made by the members of the Ad Hoc Committee to the draft text presented by the Working Group as a basis for negotiations by Member States and Observers in the Ad Hoc Committee
(updated after the completion of the first reading at the Fourth Session, 26 August 2004)
Article 17
Education1 (and training Australia, South
Africa, Trinidad and Tobago)
(Education, training and lifelong learning Jordan)
1. States Parties recognize the right of all persons with disabilities to education
(and training Australia) (in all stages of life and all educational levels
and services Costa Rica, Mexico, Trinidad and Tobago). [[With a view to achieving
this right [progressively Sierra Leone, Kenya, Thailand] and on the basis
of equal opportunity, the education of [[children2
Russian Federation] (persons Russian Federation, Argentina, Costa Rica,
New Zealand, Bahrain, Kenya, South Africa, Serbia and Montenegro, Thailand,
Mexico, Republic of Korea, Trinidad and Tobago) with disabilities Mexico]
(persons with disabilities shall take into account their best interests and
Mexico) shall be directed to: EU] (The education of persons with disabilities
shall be directed to3 EU)
(a) The full development of the human potential and sense of dignity and self-worth,
and the strengthening of respect for human rights, fundamental freedoms and
human diversity;
((a bis) address the issues of disability, persons with disabilities and human
rights in the curriculum of all educational programs Costa Rica)
(b) Enabling all persons with disabilities to participate effectively (and equitably
South Africa) in a free (and inclusive Mexico) society;
(c) The development of (self identity, talent, creativity Costa Rica) the
[childs Russian Federation] personality, talents and mental and physical
(cultural and spiritual Bahrain) abilities (of persons with disabilities
Russian Federation) to their [fullest EU] (full EU) potential;
[(d) [[Taking into account EU] (Promoting EU) the best interests of [the
child Russian Federation, Trinidad and Tobago] (children Trinidad and Tobago)
(persons with disabilities Russian Federation), (while respecting the rights
and responsibilities of parents and, when applicable, legal guardians concerning
the childs education Holy See) in particular by individualizing education
plans (and granting, if need be, possibilities of education at home Russian
Federation). China, Mexico] New Zealand]
(Satisfy the special educational needs of persons with disabilities. Mexico)
(and agree that:
a. Education shall be directed to the full development of the human personality
and sense of dignity and strengthen the respect for human rights and fundamental
freedoms,
b. Education shall enable all persons with disabilities to participate effectively
in a free society,
c. Education shall promote understanding, tolerance and friendship among all
nations and all racial, ethnic or religious groups, and
d. Education shall further the activities of the United Nations for the maintenance
of peace. China)
((e) Granting to all persons with disabilities a professional training and retraining
taking their physical and psychological limitations into account Russian Federation)
[2. [In realizing this right, States Parties shall (endeavour to EU, Costa
Rica, Australia) (take all possible steps to Israel) ensure:
(a) [[That all persons with disabilities can choose Israel] (the availability
of Israel) inclusive and accessible education (and training Australia) in
[their own Israel] (each Israel) community (including access to early childhood
and pre-school education);4 (taking account
of medical and social recommendations Russian Federation) EU]
(That persons with disabilities can avail of inclusive and accessible education
(including equal access to early childhood and pre-school education) and that
such education shall be provided to the (maximum Costa Rica) extent possible
in the communities in which they live EU, Japan)
(Priority is given to the integration of children with disabilities in the general
school system Israel)
(b) [The EU] [provision of [required Thailand] (needed Thailand) support,
including the specialized training of teachers,5
(instructors Costa Rica) [school counsellors and psychologists Lebanon]
EU] (other educational staff as needed Lebanon) (sociologists Yemen) (appropriate
support including specialized training for teachers and other staff EU), an
accessible curriculum, an accessible teaching medium (materials Costa Rica,
Mexico) and technologies, (appropriate assistive devices Mexico) alternative
and augmentative communication modes, alternative learning strategies, an accessible
physical environment, (long distance education Serbia and Montenegro) or other
reasonable accommodations to ensure the full participation of [students Mexico]
(persons Mexico) with disabilities;
(Accessibility of the school system to persons with disabilities whose children
study in the school, on an equal footing, with other parents.
Appropriate representations for teachers with disabilities in the school system,
including by way of prevention of discrimination on the basis of disability
in recruitment and throughout the course of employment and making reasonable
accommodations in recruitment and throughout the course of employment. Israel)
(c) That no [child Bahrain] (person Bahrain) with disabilities is excluded
from [free and [compulsory Yemen] Bahrain] (mandatory Yemen) primary (and
intermediate Bahrain) education on account of [their Holy See] (his or her
Holy See) disability (unless accommodation of the childs needs on account
of his or her disability would impose an extremely unreasonable burden Israel)
(and measures shall be taken to meet their educational needs Uganda).
((d) Promote access to scholarships and financial resources for persons with
disabilities, without restricting that access for only those who course compulsory
primary education. Mexico)
(States Parties shall encourage the employment of teachers with disabilities
in their general education systems and shall ensure the removal of legislative
barriers to persons with disabilities becoming teachers and shall raise awareness
on the needs of children with disabilities Uganda)
3. (Acknowledging that education of persons with disabilities in the general
education system should be the rule, and the provision of specialist education
services the exception Morocco) [States Parties shall ensure that where the
general education (and training Australia) system does not adequately meet
the needs of persons with disabilities special and alternative forms of [learning
Yemen] (education Yemen, New Zealand) should be made available. Any such
special and alternative forms of [learning6
Yemen, Mexico] (education Yemen, New Zealand) (teaching Mexico) should:7
EU]
(Where the general education system does not yet adequately meet the needs of
persons with disabilities States Parties shall take appropriate measures to
promote alternative forms of education. Any alternative forms of education provided
under this article should: EU)
(a) [Reflect the same standards and objectives provided in the general education
(and training Australia) system; EU]
(Be closely linked to and reflective of the same curriculum and aim to reflect
the same standards and objectives provided in the general education system,
taking into account the learning and development needs of persons with disabilities.
EU)
(b) Be provided in such a manner as to allow children with disabilities to participate
in the general education system to the maximum extent possible;8
[(c) Allow [a free and informed EU] for choice between general and special
(education EU) systems; (upon careful consideration of the best interests
of students with disabilities Japan) (The level of specialized education must
be identical to the one of general education so as to be able to raise persons
with disabilities to the level of non-disabled people and give them access to
higher education Libyan Arab Jamahiriya) Jordan]
(d) In no way limit the duty of States Parties to continue to strive to meet
the needs of students with disabilities in the general education system. China]
(States Parties shall take effective and appropriate measures to progressively
realize the rights of persons with disabilities to education on an equal basis.
a. In order to develop an inclusive and accessible general education to meet
the needs of persons with disabilities, States Parties shall provide support,
including the specialized training of teachers, school counsellors and psychologists,
an accessible curriculum, an accessible teaching medium and technologies, alternative
and augmentative communication modes, alternative learning strategies, accessible
physical environment, or other reasonable accommodations to ensure the full
participation of students with disabilities;
b. Where the general education does not adequately meet the needs of persons
with disabilities, States Parties shall develop special or alternative forms
of education. Any such special or alternative forms of education should:
(i) Adhere to the standards and objectives provided in the general education
system, and
(ii) In no way be a barrier for persons with disabilities to participate in
the general education. China)
4. [States Parties shall (endeavour to Australia) ensure that [children
Mexico] (persons Mexico) with sensory disabilities [may choose to be taught
Mexico] (have access to Mexico) sign language or Braille, as appropriate,
and [to receive the curriculum (using alternative modes of communication, including
Costa Rica, Australia) in sign language or Braille (as appropriate Costa
Rica) (or other modes of communication Yemen). Mexico] (to facilitate their
learning process and to follow the curriculum Mexico). States Parties shall
take appropriate measures to ensure quality education (and training Australia)
to [students Mexico] (persons Mexico) with sensory disabilities by (encouraging
and promoting Australia) [ensuring Australia] the employment of teachers
who are fluent in sign language or Braille.9
EU, South Africa]
(States Parties shall take appropriate measures to ensure that persons with
disabilities may choose to be taught using a variety of communication modes
and shall work to ensure quality education to students with disabilities by
ensuring that teachers are able to use different communication modes. EU,
Japan)
(Deaf and deaf blind persons have the right to receive education in their own
groups and to become bilingual in sign language in their national spoken and
written languages. Costa Rica)
5. States Parties shall (endeavour to Australia) (take all possible steps
to Israel) (take appropriate measures to China) ensure that [persons with
disabilities [may access Israel] (in relation to Israel) [general Lebanon,
South Africa] (all academic and technical education in public or private institutions
at all levels of education Lebanon) China] (have equal opportunity to access
China) (secondary and EU, Thailand) tertiary education, vocational training,
(professional training Kenya), adult education and lifelong learning (and
teaching South Africa) [on an equal basis South Africa] (on an equitable
basis South Africa) with others (and with appropriate assistance Australia).
[To that end Israel] (In order to secure the implementation of the provisions
of the paragraph Israel), States Parties [shall render [appropriate Thailand]
(needed Thailand) [assistance South Africa] (support South Africa, Thailand)
to persons with disabilities. EU, China, New Zealand, Australia]. (shall ensure
that reasonable accommodation is provided. EU). (States parties shall guarantee
that their national education systems recognize and certify skills acquired
through alternative forms of vocational training for persons with disabilities
Lebanon)
((a) Persons with disabilities have access to all such systems including by
way of accommodations in examinations and in the curriculum on an equal basis
with others;
(b) appropriate representation for persons with disabilities and staff in all
of the above systems, including by way of prevention of discrimination on the
basis of disability and the making of reasonable accommodations in employment
and recruitment in such systems. Israel)
(5 bis a) ensure non-discriminatory access to the learning environment; b) ensure
enabling environment that ensures equitable participation of students with disabilities
in the learning process. South Africa)
(States Parties shall ensure that vocational rehabilitation, training and retraining
opportunities are open to people who acquire a disability in the course of their
working life. Uganda)
(The State shall provide for functional education to persons with severe, intellectual
and multiple disabilities on a continued basis India)
Footnotes:
1. The Ad Hoc Committee may wish to consider whether this draft article should cover training more extensively, drawing together the provisions on training in other articles.
2. The Ad Hoc Committee may wish to consider
whether the focus of the chapeau should be solely on children, since other
provisions of this draft article refer to persons with disabilities.
3. Paragraph 1 of this draft article draws
on article 13 (1) of the International Covenant on Economic, Social and Cultural
Rights and article 29 (1) of the Convention on the Rights of the Child. It does
not quote those sources in full, but rather selects those elements that have
particular relevance to persons with disabilities. The Ad Hoc Committee may
wish to give further consideration to this approach.
4. The intent of this draft article is to
provide the right to choose inclusive and accessible education. There is no
intention to create an obligation on students with disabilities to attend general
schools where their needs may not be adequately met. The Ad Hoc Committee may
wish to consider whether the wording of this subparagraph is sufficiently clear.
5. The Ad Hoc Committee may wish to consider
whether this draft article should also include the employment of teachers with
disabilities in the general education system (see, for example, article 10 (d)
of the Indian proposal), the removal of legislative barriers to persons with
disabilities becoming teachers, and raising awareness among teachers of the
needs of children with disabilities.
6. The term learning does not have the
same meaning as the term education. The Ad Hoc Committee may wish to consider
which is the most appropriate word. An alternative word in this paragraph could
be provision.
7. While members of the Working Group considered
that choice was an important element of this paragraph, some members considered
that the right to education was more important. Other members would have liked
greater emphasis on the best interests of the child in this choice.
Different approaches were also identified with respect to setting out the relationship between the provision of specialist education services and the general education system. Some members considered that education of children with disabilities in the general education system should be the rule, and the provision of specialist education services the exception. Others thought that specialist education services should be provided not only where the general education system was inadequate, but should rather be made available at all times without a presumption that one approach was more desirable than the other. Some members of the Working Group, for example, highlighted the need for deaf and blind children to be allowed to be educated in their own groups. If the latter approach were to be taken, the Working Group considered that there should still be an explicit obligation on the State to make the general education system accessible to students with disabilities, without limiting the individuals ability to choose either the general system or the specialist services.
8. The intention of this subparagraph is
to ensure that the general education system and specialist education services
are not mutually exclusive options, and that there is a range of options in
between that are available.
9. Some members of the Working Group preferred
to keep this paragraph specific to children with sensory disabilities to allow,
for example, deaf children to be taught in sign language. Other members questioned
whether it should be broadened to include all children who might need alternative
communication modes. In either case, there was agreement that wherever sign
language, Braille, or alternative communication systems are taught and used,
it should be in addition to, and not instead of, the teaching of written or
spoken national languages. The Ad Hoc Committee may also consider whether this
issue could be addressed in draft article 13 on freedom of expression and opinion.