CRPD/C/GC/4
disproportionately target learners with disabilities at any level of education.13 They must be
only a temporary measure limited to the period of crisis, be necessary and proportionate,
not be discriminatory and comprise all possible measures to mitigate inequalities. 14
41.
Progressive realization does not prejudice those obligations that are immediately
applicable. As the Committee on Economic, Social and Cultural Rights has stated in its
general comment No. 3 (1990) on the nature of States parties’ obligations, States parties
have a minimum core obligation to ensure the satisfaction of, at the very least, minimum
essential levels of each aspect of the right to education. 15 Therefore, States parties should
implement the following core rights with immediate effect:
(a)
Non-discrimination in all aspects of education and encompassing all
internationally prohibited grounds of discrimination. States parties must ensure nonexclusion from education for persons with disabilities and eliminate structural
disadvantages to achieve effective participation and equality for all persons with disabilities.
They must urgently take steps to remove all legal, administrative and other forms of
discrimination impeding the right of access to inclusive education. The adoption of
affirmative action measures does not constitute a violation of the right to
non-discrimination with regard to education, so long as such measures do not lead to the
maintenance of unequal or separate standards for different groups;
(b)
Reasonable accommodations to ensure non-exclusion from education for
persons with disabilities. Failure to provide reasonable accommodation constitutes
discrimination on the ground of disability;
(c)
Compulsory, free primary education available to all. States parties must take
all appropriate measures to guarantee that right, on the basis of inclusion, to all children and
youth with disabilities. The Committee urges States parties to ensure access to and
completion of quality education for all children and youth to at least 12 years of free,
publicly funded, inclusive and equitable quality primary and secondary education, of which
at least nine years are compulsory, as well as access to quality education for out-of-school
children and youth through a range of modalities, as outlined in the Education 2030
Framework for Action.
42.
States parties must adopt and implement a national educational strategy that includes
the provision of education at all levels for all learners, on a basis of inclusion and equality
of opportunity. The educational objectives set out in article 24 (1) place equivalent
obligations on States parties and must therefore be regarded on a comparable basis of
immediacy.
43.
With regard to international cooperation, and in line with Sustainable Development
Goal 4 and the Education 2030 Framework for Action, all bilateral and multilateral
cooperation must aim to advance inclusive and equitable quality education and promote
lifelong learning opportunities for all, including support for capacity-building, informationsharing and the exchange of best practices, research, technical and economic assistance, and
access to accessible and assistive technologies. All data collected and all international
assistance spent on education should be disaggregated by impairment. Consideration of an
international coordination mechanism on inclusive education to implement Goal 4 and to
build evidence will contribute to a better policy dialogue and to monitoring progress.
13
14
15
12
Ibid.
Letter dated 16 May 2012 by the Chair of the Committee on Economic, Social and Cultural Rights
addressed to States parties to the International Covenant on Economic, Social and Cultural Rights.
Committee on Economic, Social and Cultural Rights, general comment No. 3.