COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
Part IV. Rights Based Perspective. 4/12   
3. Right to Education
Persons with disabilities are often excluded from mainstream education. As basic
education is essential for employment in many spheres and a prerequisite to economic
independence, the right to education is of particular importance for disabled persons.
Education is also an important part of the rehabilitation process, as they develop their
capacities to become more independent and integrated into mainstream society.
The most important step for the integration persons with disabilities into mainstream
life is through education. A legal provision stating the right for everyone to receive
education has little significance if no positive measures are taken to ensure that
children, youth and adults with different types and levels of disabilities have access to
quality education at the primary, secondary and tertiary levels. It is important that no
obstacles - legal, physical or psychological - should exist to hinder the access of
disabled persons to education, that special education be provided when necessary, and that
education should as far as possible be given in integrated settings. It is necessary to
consider the special educational needs of disabled persons and the socio-political
realities of each country.
It is also important to point out the importance of education not only as part of
rehabilitation, but also as part of prevention. A high percentage of disability is the
direct result of lack of information, poverty and low health standards, and can therefore
be prevented by means of adequate education.
Access to education is the most fundamental aspect of the right to education. It is
therefore important to ensure that all legal and technical obstacles to it are removed and
that positive measures are taken to facilitate access for all persons with disabilities.
Several international instruments call for equal access to education for disabled persons.
General statements can be found in the Convention against Discrimination in
Education (article 1), in The Salamanca Statement (paragraph 2),
in the Sundberg Declaration (article 1) and in The Copenhagen
Declaration and Programme of Action in Commitment 6. The purpose of this
commitment to universal access to education is to eradicate poverty, promote full and
productive employment and foster social integration.
Some international instruments provide more specific guidelines and areas of concern in
relation to access to education. The Universal Declaration of Human Rights
(article 26) calls for free and compulsory education "...at least in the elementary
and fundamental stages..." and article 13 of the International Covenant on
Economic, Social and Cultural Rights adds that "...secondary education in
its different forms, including technical and vocational secondary education, shall be made
generally available and accessible to all by every appropriate means, and in particular by
progressive introduction of free education." The Convention on the Rights of the
Child (article 23) also stresses the need to provide services "...free of charge,
whenever possible, and taking into account the financial resources of the parents or
others caring for the child."
Rule 6 of The Standard Rules on the Equalization of Opportunities for Persons
with Disabilities emphasizes that States should give special attention to certain
vulnerable groups of persons with disabilities such as very young children, girls, women
and persons with the most serious disabilities. The World Declaration on Education
for All (article 3 (5)) also stresses the need to give special attention to the
needs of disabled persons and to "...provide equal access to education to every
category of disabled persons."
Special attention to different groups of persons with disabilities implies that equal
opportunities should be made available to them at all levels of education:
pre-school, primary and secondary schools, university and adult education programmes. This
is one of the concerns expressed by the World Programme of Action concerning
Disabled Persons. The World Programme of Action also calls for special attention
to persons with disabilities in rural areas and draws attention to problems caused by
travelling distances.
The right to education relating to children is emphasized by the International
Conference on Children's Rights in Education[67], which was based on the Convention
on the Rights of the Child. Herein the conference elaborated the following issues
especially concerning disabled children:
- Education is a right, not a privilege;
- The child's participation and full development must be supported in all educational
goals, setting and practices;
- Existing identifiable barriers to implementation of the child's rights to education can
be overcome;
- Education must respect individual, contextual and cultural differences.
The Salamanca Statement, adopted at the World Conference on Special
Needs Education in 1994, reaffirms a commitment to Education for All and
recognizes the necessity and urgency of providing education for children, youth and adults
with special educational needs within the regular education system (article 1). Article 2
provides that every child has a fundamental right to education, and that those with
special educational needs must have access to regular schools which should accommodate
them within a child centred pedagogy capable of meeting these needs. Articles 3 and 4 of
the Statement urge Governments and the international community to endorse the approach of
inclusive schooling.
Article 1 of the Sundberg Declaration provides: "Every disabled
person must be able to exercise his fundamental right to have full access to education,
training, culture and information." Article 2 provides that Governments and national
and international organizations must take effective action to ensure the fullest possible
participation by disabled persons. Pursuant to article 11, disabled persons must be
provided with the facilities and equipment necessary for their education and training.
Article 3 (1) of the World Declaration on Education for all - Meeting Basic
Learning Needs outlines the principle that basic education should be provided to
all children, youth and adults. In particular, article 3 (5) provides that the learning
needs of the disabled demand special attention and that steps need to be taken to provide
equal access to education to every category of disabled persons as an integral part of the
education system.
Rule 6 (6) (c) of The Standard Rules on the Equalization of Opportunities for
Persons with Disabilities requires States Parties to provide quality materials,
ongoing teacher training and support teachers to ensure that the education of persons with
disabilities is an integral part of the educational system.
Article 2 of the Sundberg Declaration provides that economic and
practical support must be given to actions aimed at the educational needs of disabled
persons.
Article 3 (5) of the World Declaration on Education for All - Meeting Basic
Learning Needs states that steps need to be taken to provide equal access to
education for all disabled persons.
3.1 Quality of Education
The quality of education should be equal to that of persons without disabilities and
should meet the special needs persons with disabilities. Similarly, the quality of
education should be the same irrespective of gender, age or degree of disability.
International instruments stress the need to guarantee high standards for education of
disabled persons: The Universal Declaration on Human Rights (article 26
(2)) and the International Covenant on Economic, Social and Cultural Rights
(article 13 (1)) state that "Education shall be directed to the full development of
the human personality. " In the same spirit, the Sundberg Declaration
says that education has to promote the self-fulfillment of all disabled persons and their
full participation in social life. The Convention on the Rights of the Child
(article 23) provides that "...the disabled child has effective access and receives
education (...) in a manner conducive to the child's fullest possible social integration
and individual development, including his or her cultural and spiritual development."
The Salamanca Statement asks Governments to "...give the highest
policy and budgetary priority to improve their education systems..." (point 3). The
content of education should be geared to high standards and the needs of individuals with
a view to enabling them to participate fully in development.
The Standard Rules on the Equalization of Opportunities for Persons with
Disabilities (Rule 6) states that "...[t]he quality of such education should
reflect the same standards as general education and should be closely linked to it."
World Programme of Action concerning Disabled Persons, Paragraph 122,
states that educational services for disabled children and adults should be comprehensive,
individualized - leading to specific curriculum goals that are regularly reviewed and
revised - and offering a range of choice commensurate with the range of special needs in
any given community.
3.2 Integrated Education
Integrated education means that persons with disabilities have the right to be educated
in the same schools and follow the same curriculum as non-disabled students. Integrated
education can include special education if that education is given in special classes in
regular schools or in the form of support teaching in regular classes and resource rooms.
Integrated education is the key to equal educational opportunities for persons with
disabilities. It maximizes disabled persons opportunities for participation in society and
facilitates the transition from school to work.
Many international instruments focus on the integrating function of education:
according to the Sundberg Declaration (article 6), "Education,
training, culture and information programmes must be aimed at integrating disabled persons
into the ordinary working and living environment." The Convention on the
Rights of the Child also supports the inclusion of disabled children in
mainstream educational and social environments.
The World Programme of Action concerning Disabled Persons (paragraph
120) calls for States to adopt policies "...which recognise the rights of disabled
persons to equal educational opportunities with others." More explicitly, it states
that "...the education of disabled persons should as far as possible take place in
the general school system."
The Salamanca Statement on special needs education calls for inclusion
to be the norm in the education of all disabled children. According to the Statement and
the Framework of Action, all children, regardless of their physical, intellectual, social,
emotional or other conditions should be accommodated in ordinary schools. The framework of
action adds that "...regular schools with this inclusive orientation are the
most effective means of combating discriminatory attitudes, creating welcoming
communities, building an inclusive society and achieving education for all. Moreover, they
provide an effective education to the majority of children and improve the efficiency and
ultimately the cost-effectiveness of the entire education system."
The Standard Rules on the Equalization of Opportunities for Persons with
Disabilities also support inclusive education. Rule 6 provides that "States
should recognise the principle of equal primary, secondary and tertiary educational
opportunities for children, youth and adults with disabilities, in integrated settings.
The rule also recognizes that the education of persons with disabilities is an integral
part of the educational system." This implies that "...general educational
authorities are responsible for the education for persons with disabilities in integrated
settings..." and that "...education for persons with disabilities should form an
integral part of national education planning, curriculum development and school
organization."
The United Nations Children's Fund has estimated that 90 per cent of disabled children
can join regular education programmes if a limited number of prerequisites are complied
with. Regular schools are expected to educate all children with a slight disability who
require little support, but it is preferable if all disabled children can get access to
the general school system. This of course requires special measures in order to meet the
needs of disabled students.
First of all, as pointed out in The Standard Rules on the Equalization of
Opportunities for Persons with Disabilities (rule 6), it is necessary that States
should have a clear policy understood and accepted at the school level and by the wider
community. These policies and financial arrangements should encourage and facilitate the
development of inclusive schools, and the removal of barriers that impede movement from
special to regular schools. Educational policies should take full account of
individual differences and situations and special attention should be given to the needs
of children and youth with severe or multiple disabilities.
Second, according to The Salamanca Statement and its Framework of
Action, it is necessary to make changes at the level of school management. Local
administrators and heads of schools should be given the necessary authority and adequate
training to play a major role. They should be invited to develop more flexible management
procedures, to re-deploy instructional resources, to diversify learning options, to
mobilise child-to-child help, to offer support to pupils experiencing difficulties and to
develop close relations with parents and community. School heads should have the primary
responsibility for promoting positive attitudes throughout the school community and
arranging for effective co-operation and teamwork between teachers and support staff.
International instruments also stress the need for curriculum flexibility, addition and
adaptation. Curricula should be adapted to children's needs following the principle that
all children should be provided with the same education adapted to suit different
individual needs.
Support services are needed to enable disabled children to receive the same education
as non-disabled children in mainstream schools. Facilities and equipment necessary to meet
the needs of disabled pupils are described in international instruments. The
Standard Rules on the Equalization of Opportunities for Persons with Disabilities
mention the provision of interpreter services. The Salamanca Statement
and its Framework of Action indicate the need of special materials and support teachers.
There should be support programmes within the school and, where necessary, provision of
assistance from specialist teachers and external support staff. Appropriate and affordable
technology should be used when necessary to enhance success in the school curriculum and
to aid communication, mobility and learning. To facilitate the provision of support
services, training institutions and special schools can be useful. They can provide access
to specific resources that are not provided in regular classrooms. Concerned by the
accessibility to the necessary equipment, the Sundberg Declaration
(article 11) points out the importance to enable developing countries manufacture such
equipment.
3.3 Special Education
Not all disabled persons can follow education in mainstream schools, and need,
therefore, a special form of education. This special education can be provided for in
boarding special schools or day special schools and divided in different categories
according to the specific needs of disabled persons with different impairments. Special
education should receive at least the same level of educational resources as education for
students without disabilities, and a common administrative structure should be organised.
The purpose of special education is to allow "...all persons with handicaps,
especially those with communication problems..." to have access to educational
programmes adapted to their specific needs "...so as to put the maximum of their
capacity at the service of the society." (article 5 of the Sundberg Declaration).
However, special education should only be directed to students with severe or multiple
disabilities, and should be aimed at preparing them for education in the general school
system by integrating special education services into mainstream education (rule 6 (8) of The
Standard Rules of Equalization of Opportunities for Persons with Disabilities).
According to The Standard Rules of Equalization of Opportunities for Persons
with Disabilities, Rule 6 (9) states that special education might be adequate
especially for the deaf and / or blind people because of their special communication
needs. This education could be provided in special schools, or special classes in regular
schools. In any case, special education should not prevent them from following the general
school curriculum, although it is important that at an early stage attention should be
given on instruction "...that will result in effective communication skills."
3.4 Teacher Training
Teacher training is especially necessary to enable disabled children and youth to fully
enjoy the advantages of the mainstream educational system. The Salamanca Statement
asks Governments to ensure that teacher education programmes address the provision of
special needs education in inclusive schools. The Sundberg Declaration
(article 9) states that educators and other professionals responsible for educational
programmes must be qualified to deal with the specific situations and needs of disabled
persons. "Their training must, consequently, take account of this requirement and be
regularly brought up to date." Expressing the same concern, The Standard
Rules on the Equalization of Opportunities for Persons with Disabilities (Rule 6
(6) (c)) call States to "...provide for ongoing teacher training and support
teachers."
Pre-service and in-service training programmes should provide all students and teachers
an orientation on disability. The knowledge and skills required include: assessing special
need; adapting curriculum content; utilising assistant technology; individualising
teaching procedures, etc., always keeping in mind that the priority is to meet pupils'
needs. Specialised training in special needs education should encompass all types of
disabilities, prior to further specialisation in one ore more disability-specific areas.
Universities have a major role to play as regards research, evaluation, preparation of
teacher trainers, and designing training programmes and materials. Written materials
should be prepared and seminars organised for local administrators, supervisors, head
teachers and senior teachers to develop their capacity to provide leadership in this area
and to support and train less-experienced teaching staff. Co-operation should also be
established between teachers, specialists and parents. Disabled persons should be involved
in research and training roles. It is also important that education systems recruit
education personnel who have disabilities to provide students with disabilities with
examples of disability empowerment.
3.5 Vocational Training
Laws are also needed to assure equal access for persons with disabilities to vocational
training. The transition from school to work is most successful when it is already
incorporated in the education programme. In that sense, the right to education can be seen
as a corollary to the right to employment.
Article 13 of the Additional Protocol to the American Convention on Human
Rights in the Area of Economic, Social, and Cultural Rights confers a general
right to education including free primary education; States Parties are expressly obliged
to make primary education compulsory. Article 13 (3) (e) demands States Parties to provide
for programmes of special education as adapted to the special needs of persons with
disabilities. Article 17 of the African Charter on Human and Peoples' Rights
confers that every individual shall have the right to education.
Article 7 of the Convention Concerning Vocational Rehabilitation and Employment
(Disabled Persons) states that the competent authorities should take measures
with a view to providing and evaluating vocational training, placement, employment and
other related services to enable disabled persons to secure, retain and advance in
employment. Article 8 states that measures should be taken to promote the establishment
and development of vocational rehabilitation and employment services for disabled persons
in rural areas and remote communities. In addition, article 9 states that each State
should aim at ensuring the training and availability of rehabilitation counsellors and
other suitably qualified staff responsible for the vocational guidance, vocational
training, placement and employment of disabled persons.
Article 4 (4) of the Recommendation concerning Vocational Guidance and
Vocational Training in the Development of Human Resources states that the
policies and programmes should encourage and enable all persons, on an equal basis and
without any discrimination whatsoever, to develop and use their capabilities for work in
their own best interests. Article 4 (6) states that States should ensure entry into
productive employment, promote and develop creativity, dynamism and initiative, protect
persons against unemployment, protect persons against occupational hazards, assist persons
in their quest for satisfaction at work, for individual achievement and self-expression,
achieve social, cultural and economic advancement. Article 5 (1) provides that Member
States should establish and develop open, flexible and complementary systems of general,
technical and vocational education, educational and vocational guidance and vocational
training, whether these activities take place within the formal education system or
outside. Article 5 (2) ensures that all have access to vocational guidance and vocational
training. Article 7 states the appropriate programmes for all handicapped and disabled
persons. Particular attention is paid to disabled persons in Chapter VII: "Whenever
they can benefit by it, disabled persons should have access to vocational guidance and
vocational training programmes provided for the general population. Otherwise, specially
adjusted programmes should be provided."
Article 2 of the Recommendation concerning Vocational Rehabilitation of the
Disabled provides that vocational rehabilitation services should be made
available to all disabled persons. Article 5 of the recommendations states that the
principles, measures and methods of vocational training generally applied in the training
of non-disabled persons should apply to disabled persons in so far as medical and
educational conditions permit.
The Convention Against Discrimination in Education confers a whole
range of duties on States in order to eliminate and prevent discrimination in education.
Although the notion of disability is not explicitly mentioned in Article 1 as one of the
criteria according to which distinction is prohibited, disability can be taken as one
factor determining the social origin of a particular person, and distinction based
on social origin is expressly prohibited by Article 1.Article 3 obliges States Parties to
eliminate and prevent discrimination in the educational field. Article 4 requires that
States Parties promote equality of opportunities in the educational field. Article 6 lays
down the purposes of education, which include the full development of the human
personality and the strengthening of respect for human rights and the promotion of
understanding, tolerance and friendship among all nations.
The Sundberg Declaration is concerned with the education of persons
with disabilities. Article 1 states that every disabled person must be able to exercise
his fundamental right to have full access to education, training, culture and information.
The other provisions of the Declaration further specify the contents of the right to
education for persons with disabilities. Article 5 provides that persons with disabilities
shall have access to educational programmes adapted to their special needs. Article 6
states that the educational programmes must have an integrated approach. Article 7 deals
with another aspect of education in that it declares that States shall develop programmes
in order to educate parents to detect disabilities at an early stage. Article 9 states
that teaching personnel should be specially educated in order to deal with the particular
needs of disabled persons. Article 10 states that the information provided by the media
must include aspects corresponding to the needs of disabled persons. Article 11 obliges
States to provide the necessary facilities and equipment for the education of persons with
disabilities. Article 14 requires Governments to undertake positive action in order to
increase the career opportunities for disabled persons.
Paragraph 2 of the Declaration on the Rights of Mentally Retarded Persons
confers the right of mentally retarded persons to receive such education as will enable
them to develop their ability and maximum potential.
Paragraph 6 of the Declaration on the Rights of Disabled Persons
states that disabled persons have the right to education, which will enabled them to
develop their capabilities and skills to the maximum and will hasten the processes of
their social integration or reintegration.
The World Declaration on Education for All: Meeting Basic Learning Needs
provides for educational opportunities for every person, including persons with
disabilities. Article 3 (5) specifically refers to persons with disabilities in that it
demands that steps be taken to provide equal access to education for every category of
disabled persons.
Commitment 6 of The Copenhagen Declaration and Programme of Action
provides that States Parties must ensure equal educational opportunities for persons with
disabilities.
The Salamanca Statement concerns the education of persons with
disabilities. Paragraph 2 states that every child has got a right to education and that,
persons with special educational needs must have access to regular schools.
Moreover, paragraph 28 of Body of Principles for the Protection of all Persons
under Any Form of Detention or Imprisonment demands that a right to educational,
cultural and informational material be provided for the detained person.
Paragraph of the United Nations Rules for the Protection of Juveniles Deprived
of their Liberty guarantees that every juvenile of compulsory school age has the
right to education suited to his or her needs and abilities and designed to prepare him or
her for return to society. Also, juveniles who are illiterate or have cognitive or
learning difficulties should have the right to special education.
Rule 6 of The Standard Rules on the Equalization of Opportunities for Persons
with Disabilities requires that States should guarantee equal opportunities in
primary, secondary and tertiary education for persons with disabilities within integrated
settings.
Paragraph 120 of the World Programme of Action concerning Disabled Persons
provides that Member States should adopt policies, which recognise the rights of disabled
persons to equal educational opportunities with others. It further states that the
education of disabled persons should, as far as possible, take place in the general school
system.
Also, the Tallinn Guidelines for Action on Human Resources Development in the
Field of Disability provides a set of rules with relevance for the education of
persons with disabilities. Paragraph 22 obliges States to develop specific programmes and
training materials for disabled children in order to promote their education during the
formative infant and pre-school years. Paragraph 23 provides for primary, secondary and
higher level education for disabled persons within the regular educational system. It
explicitly states that education for deaf students must be provided in the indigenous sign
language. Paragraph 26 outlines measures, such as technical aids, to support the education
of persons with disabilities. Paragraphs 27 and 28provide that the content and quality of
education should be such as to prepare the disabled student for independent living as well
as for the transition into the economic mainstream. Paragraph 29 states that general
teacher-training curricula should include a course of study in skills for teaching
disabled children and young persons in regular schools. Paragraph 30 requires
Governments to develop national plans for training and employing an adequate number of
personnel including persons with disabilities.
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