Overview of the General Comment

The key provisions of the General Comment and its particular significance in terms of moving the inclusive education agenda forward are as follows:

  1. It elaborates a clear and detailed definition of inclusive education that now represents the position of the Committee on the Rights of Persons with Disabilities and will inform their examinations of States Parties in respect of their action to progress implementation of Article 24. In so doing it clarifies that all children with disabilities must be educated in inclusive environments and that it is the responsibility of the education system to adapt to accommodate the needs of all students, irrespective of abilities and impairments, within inclusive environments. Segregated schools, which provide education for specific impairments, do not constitute inclusion. Equally, placing students with disabilities within mainstream classes without accompanying structural changes to, for example, organization, curriculum and teaching and learning strategies, does not constitute inclusion.

Obviously, the concept of progressive realization recognizes that all States will not be able to fully implement the necessary changes immediately. However, the Committee makes clear that they have an obligation to move forward as speedily as possible in implementing article 24, and stresses that this is not compatible with sustaining two systems of education: mainstream and special/segregated education systems.

  1. No child can be excluded from the education system by reason of disability. Any legislation which discriminates against any child, in respect of access to education, must be repealed.
  1. Inclusive education requires recognition of changes across the education system. It can only be achieved through a commitment to ensuring the availability, accessibility, acceptability and adaptability of the education system as a whole. These are defined and elaborated in the text.
  1. There are three types of support for children with disabilities that States must provide:
  • Reasonable accommodation – i.e. the services, adaptions, facilities etc. that States must provide to enable individual students to access education on an equal basis with others. It is defined as the result of a contextual test that involves an analysis of the relevance and the effectiveness of the accommodation, and the expected goal of countering discrimination. The duty to provide reasonable accommodation is enforceable from the time it is requested. The text explains in detail what is considered proportionate in respect of provision of reasonable accommodation. It also makes clear that failure to provide reasonable accommodation constitutes discrimination.
  • Individualized Support Plans for students to help create the necessary educational environment to maximize their learning opportunities.
  • General support to the educational environment such as trained support staff, scholarships etc.

In this regard, recognition is also given to the need to address the very different needs of students with different impairments, in particular, deaf, blind, deaf-blind, students on the autistic spectrum, and those with communication impairments.

  1. The General Comment highlights that the following obligations must be implemented immediately:
  • Non-discrimination
  • Reasonable accommodation
  • Compulsory, free primary education to all
  1. Inclusive education can only be realized in the context of the CRPD as a whole, and, conversely, inclusive education is vital as a means to achieve the realization of other rights. This means consideration must be given to rights relating to, for example; equal protection before the law, rights of women and children, awareness raising, legal capacity, protection from violence, community living, mobility, habilitation and rehabilitation. The General Comment demands a holistic approach to the introduction of inclusive education systems.
  1. A detailed overview of the measures needed for implementation at the national level is provided. It includes the following:
  • Responsibility for education of children with disabilities must rest with education ministries
  • A comprehensive cross sectoral government commitment is required involving all relevant ministries.
  • A comprehensive legislative and policy framework needs to be developed addressing, for example:

A definition of inclusive education, and repeal of any legislation to the contrary;

Guarantee for all students to access inclusive learning opportunities

Requirement to build inclusive schools and adapt existing ones;

Introduction of quality standards for inclusive education;

Recognition of reasonable accommodation;

Frameworks for early identification, assessment and support;

Obligations on local authorities to plan and provide for all learners in inclusive and accessible settings;

Partnerships with all stakeholders

  • An Education Sector Plan with time frames and goals, to be developed in partnership with organisations of persons with disabilities
  • Effective and enforceable complaints and redress mechanisms
  • Time bound commitment to de-institutionalisation
  • Provision of early childhood development, care and education
  • Disaggregated data
  • Commitment of financial and human resources, including transfer of resources from segregated to inclusive environments
  • Review of teacher training to ensure all teachers equipped to work in inclusive environments
  • Support for teachers at all levels
  • Training for all relevant authorities on their responsibilities under the revised laws and policies
  • Revised assessment procedures to focus on progress towards broad goals not standardised test scores
  • Effective monitoring of progress against agreed structural, process and outcome indicators
  • Recognition of the equal obligations of the private sector to comply with the obligations regarding inclusive education