CRPD/C/GC/4
implementation and sanctions for violations. Such a framework must address issues of
flexibility, diversity and equality in all educational institutions for all learners and identify
responsibilities at all levels of government. Key elements will include:
(a)
Compliance with international human rights standards;
(b)
A clear definition of inclusion and the specific objectives it seeks to achieve
at all educational levels. Inclusion principles and practices must be considered as integral to
reform, and not simply as an add-on programme;
(c)
A substantive right to inclusive education as a key element of the legislative
framework. Provisions that define certain categories of students as “uneducable”, for
example, must be repealed;
(d)
A guarantee for students with and without disabilities to the same right to
access inclusive learning opportunities within the general education system and, for
individual learners, to the necessary support services at all levels;
(e)
A requirement for all new schools to be designed and built following the
principle of universal design through accessibility standards, together with a time frame for
adapting existing schools in line with the Committee’s general comment No. 2. The use of
public procurement to implement this element is encouraged;
(f)
The introduction of comprehensive quality standards for inclusive education
and disability-inclusive monitoring mechanisms to track progress in implementation at all
levels and ensure that policies and programmes are implemented and backed by the
requisite investment;
(g)
The introduction of accessible monitoring mechanisms to ensure the
implementation of policies and the provision of the requisite investment;
(h)
Recognition of the need for reasonable accommodations to support inclusion,
based on human rights standards rather than on the efficient use of resources, together with
sanctions for failure to provide reasonable accommodation;
(i)
The clear statement, in all legislation with the potential to have an impact on
inclusive education, that inclusion is a concrete goal;
(j)
A consistent framework for the early identification, assessment and support
required to enable persons with disabilities to flourish in inclusive learning environments;
(k)
The obligation for local authorities to plan and provide for all learners,
including persons with disabilities, within inclusive settings and classes, including in the
most appropriate languages, accessible formats and modes and means of communication;
(l)
Legislation to guarantee to all persons with disabilities, including children
with disabilities, the right to be heard and to have their opinion be given due consideration
within the education system, including through school councils, governing bodies, local and
national governments, and mechanisms through which to challenge and appeal decisions
concerning education;
(m) The creation of partnerships and coordination between all stakeholders,
including persons with disabilities through their representative organizations, different
agencies, development organizations, non-governmental organizations and parents or
caregivers.
64.
Legislation must be supported by an education sector plan, developed in
consultation with organizations of persons with disabilities, including children with
disabilities, and detailing the process for the implementation of an inclusive education
system. It should contain a time frame and measurable goals, including measures to ensure
17