Table of contents:
Suggested Indicators for Education
The right to education for persons with disabilities is framed by Article 24 of the CRPD:
Article 24: Education
1.States Parties recognize the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and lifelong learning directed to:
- The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;
- The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential;
- Enabling persons with disabilities to participate effectively in a free society.
- In realizing this right, States Parties shall ensure that:
- Persons with disabilities are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability;
- Persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live;
- Reasonable accommodation of the individual's requirements is provided;
- Persons with disabilities receive the support required, within the general education system, to facilitate their effective education;
- Effective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion.
- States Parties shall enable persons with disabilities to learn life and social development skills to facilitate their full and equal participation in education and as members of the community. To this end, States Parties shall take appropriate measures, including:
- Facilitating the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring;
- Facilitating the learning of sign language and the promotion of the linguistic identity of the deaf community;
- Ensuring that the education of persons, and in particular children, who are blind, deaf or deafblind, is delivered in the most appropriate languages and modes and means of communication for the individual, and in environments which maximize academic and social development.
- In order to help ensure the realization of this right, States Parties shall take appropriate measures to employ teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train professionals and staff who work at all levels of education. Such training shall incorporate disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities.
- States Parties shall ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. To this end, States Parties shall ensure that reasonable accommodation is provided to persons with disabilities.
The Convention makes a clear commitment to the principles of inclusive education and quality education for the full development of the human potential, sense of dignity and self-worth as well as the personality, creativity and mental and physical abilities of persons with disabilities. The CRPD is the first legally binding instrument to explicitly recognize the concept of “inclusive education”. OHCHR identifies inclusive education as a human right and as a means to realize the universal right to education.[1] A similar position in favour of inclusive quality education is also adopted by UNICEF[2] and UNESCO.[3]
Inclusive education is understood in this study as “a process of addressing and responding to the diversity of needs of all learners through increasing participation in learning, cultures and communities, and reducing exclusion within and from education.”[4] It creates barrier-free and child-focused learning environments.[5] It relies on the principle that all children should be guaranteed equal opportunities for learning together. Contrary to the principle of “integration” which promotes bringing persons with disabilities to the general education system without making the necessary adjustments to the physical or learning environment, inclusion requires educational establishments to adapt to the needs of persons with disabilities and provide the support to ensure that all children can learn together.[6] Inclusive education favors an environment where diversity is the norm and that challenges stereotypes within younger generations and does not marginalize persons with disabilities.
1. Identification of the attributes of the right to education for persons with disabilities
In order to check attributes of the right to education for persons with disabilities, this study will try to expose barriers to the full enjoyment of this right, the features of the full enjoyment of this right and then make the link between those features and components of the article 24. The CmRPD issued the general comment n.4 in which the Committee stressed on the fact that, under international law, persons with disabilities are no longer welfare recipients but recognized as rights holders with a claim to the right to education without discrimination and on the basis of equal opportunities. [7] The Committee considers that inclusion “involves a process of systemic reform embodying changes and modifications in content, teaching methods, approaches, structures and strategies in education to overcome barriers with a vision serving to provide all students of the relevant age range with an equitable and participatory learning experience and the environment that best corresponds to their requirements and preferences”.[8]
From its side, OHCHR identifies the following main attributes for the right to education for persons with disabilities:
- The “no-rejection clause” which acts as an anti-discrimination measure according to which no student can be rejected from general education on the basis of disability (Article 24-2-a)
- The right to inclusive, quality and free education (Article 24-2-b)
- Accessibility and eradication of barriers, which is an overreaching obligation for State parties requiring the elimination of physical and communication barriers as well as socioeconomic barriers (Article 9);
- Reasonable accommodation in education, which also acts as anti-discrimination measure (Article 24-2-c);
- Support for persons with disabilities in education (Article 24-2-d and 24-2-e);
- Equalization of opportunities, which requires the adoption of a series of measures necessary for persons with disabilities to participate in the education system (Article 24-3);
- Professional training and capacity buildings for teachers (Article 24-4)
- Lifelong learning, which covers tertiary and adult education, vocational training and lifelong education (Article 24-5)[9]
UNICEF developed a conceptual framework for promoting the right to inclusive education based on a three-dimensional approach that requires the recognition and guarantee of (1) the right of access to education, (2) the right to quality education and (3) the respect for rights within education.[10] This approach is in line with the Convention’s and covers the attributes identified by the OHCHR. It will therefore be adopted for the development of the relevant indicators.
2. Identification of selected Education Indicators
A limited number of Education Indicators have been selected to measure legal conformity with the CRPD based on the different attributes and components of the right to education for persons with disabilities as identified above. Indicators will be developed to measure the conformity of national legal frameworks with the CRPD obligations to ensure the right of access to education (Education Component 1), the right to quality education (Education Component 3) and the respect for rights within education (Education Component 4). In addition, a specific indicator measuring conformity with the obligation to guarantee accessibility in education will also be developed (Education Component 2).
(a) Education component 1: the right to access education
The right to access education will be addressed through indicators measuring conformity with the CRPD prohibition of discrimination on the basis of disability in the access to education. Indicators will measure to what extent the national legal frameworks include a “no rejection” clause as defined above (Education Indicator 1) and guarantee the access to the different levels and types of education (Education Indicators 2 to 6).
EDUCATION INDICATOR 1:
The legal framework states that no person shall be excluded from the general education system on the basis of disability
| Source | This indicator is directly derived from the text of Article 24 (2) (a) of the CRPD which obligates States to ensure that “persons with disabilities are not excluded from the general education system on the basis of disability”. It also reflects the provisions of the Convention on the Rights of the Child which requires States Parties to ensure child rights without discrimination on the basis of disability (Article 2). |
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| Definition |
This indicator captures whether the legal framework complies with the CRPD obligation not to exclude persons with disabilities from the general education system by prohibiting discrimination on the basis of disability in the access to education. The indicator refers to whether the national legal framework guarantees the right of persons with disabilities to access the general education system on equal basis with others by including a “no-rejection clause” whereby it is unlawful to reject any person from general education system on the basis of disability. This indicator is of particular importance to ensure the full participation and inclusion of persons with disabilities in society as it reflects the State’s conformity to the goal of inclusive education. Further, as an anti-discrimination measure, the “no-rejection clause” should give rise to a legal remedy for persons with disabilities who are denied access to the general education system. |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
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| Data collection | Constitution, States’ reviews by human rights mechanisms, laws related to disability, laws related to anti-discrimination, laws related to education. |
EDUCATION INDICATORS 2 TO 6:
The national legal framework states that persons with disabilities shall have access, without discrimination on the basis of disability, to:
- Free and compulsory primary education (Education indicator 2)
- Secondary education (Education indicator 3)
- General tertiary education (Education indicator 4)
- Vocational training (Education indicator 5)
- Adult education and lifelong learning (Education indicator 6)
| Source | These indicators are directly derived from the text of the CRPD, specifically:
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| Definition | These indicators capture whether the national legal framework complies with the CRPD obligation to guarantee the right of persons with disabilities to access:
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| Value measurement | The national legal framework will be assigned a numeric value as follows:
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| Data collection | Constitution, States’ reviews by human rights mechanisms, laws related to disability, laws related to anti-discrimination, laws related to education, vocational training and employment |
(b) Education component 2: Accessibility
In parallel to the Accessibility Indicators that will be developed below, a specific indicator is developed to measure conformity with the CRPD obligation to ensure accessibility in education.
EDUCATION INDICATOR 7:
The legal framework states that educational establishments should be accessible to persons with disabilities
| Source | This indicator derives directly from the text of Article 9 (1) (a) of the CRPD, which requires States to take appropriate measures to identify and eliminate obstacles to accessibility in buildings and facilities, including schools. |
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| Definition | This indicator measures the national legal framework’s conformity with the CRPD requirement to eliminate barriers to accessibility in educational establishments. It is derived from the general obligation to guarantee the right to an accessible environment for persons with disabilities and to remove barriers to accessibility in the physical environment and in buildings and facilities open to the public. This general obligation will be further detailed below in the section related to Accessibility Indicators. However, this indicator aims to capture whether the legal framework specifically states that educational establishments should be made accessible for persons with disabilities in order to guarantee their right to education and to an accessible education environment. The indicator has identified educational establishments, in both the public and private sector, as duty-bearers. |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
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| Data collection | States’ reviews by human rights mechanisms, Laws related to disability, education and/or constructions. |
(c) Education Component 3: The Respect for Rights Within Education
The respect for rights within education will be addressed through indicators measuring conformity with the CRPD obligation to provide reasonable accommodation (Education Indicator 8) and support (Education Indicator 9) in education. In addition, an indicator will be developed to measure whether the legal framework guarantees the equalization of opportunities through the adoption of measures necessary to enable the participation of persons with disabilities in education. One measure will be selected, which is the availability of opportunities for the learning of diverse means of communication (Education Indicator 10) as it is an easily measurable indicator
EDUCATION INDICATOR 8:
The legal framework states that public and private educational establishments have an obligation to provide reasonable accommodation to persons with disabilities
| Source | This indicator is derived from Article 24 (2) (c) and Article 24 (5) of the CRPD which require States to “ensure that reasonable accommodation of the individual’s requirement is provided” to persons with disabilities at all levels of education. |
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| Definition |
The indicator refers to whether the national legal framework complies with the CRPD requirement to provide reasonable accommodation to persons with disabilities in education. Reasonable Accommodation is defined in Article 2 of the CRPD as “necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.” The indicator measures whether the legal framework recognizes the right of persons with disabilities to reasonable accommodation and identifies educational establishment as the duty-bearers of this obligation. To ensure conformity with the CRPD, educational establishments should be obliged to make adjustments for the individual needs of persons with disabilities in order to overcome the barriers present in their environment by taking steps to accommodate the particular situation and needs of a student with disabilities on a case by case basis. This could include adjustments to the physical environment, the provision of educational material in accessible formats, the adjustment of teaching methods and tools used in classrooms and the provision of accessible transport to adapt to the needs of students with disabilities. The requirement is one of “reasonable” accommodation and is therefore limited to accommodation that does not create an undue or disproportionate burden, considering factors such as safety or cost. The requirement to provide reasonable accommodation is distinct from the obligation to comply with general accessibility standards in that it caters to the individual needs of the person with disabilities.[11] As the failure to provide reasonable accommodation is considered a form of discrimination, this indicator also reflects conformity to the CRPD obligation to eliminate discrimination in the education sector and to ensure an inclusive education system. The requirement to provide reasonable accommodation should apply to all educational establishments whether in the public or the private sector. |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
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| Data collection | States’ reviews by human rights mechanisms, laws related to disability, laws related to anti-discrimination, laws related to education, vocational training. |
EDUCATION INDICATOR 9:
The legal framework states that persons with disabilities have the right to receive support in the education system
| Source | This indicator is derived from Article 24 (2) (d) and (e) of the CRPD which requires States to ensure that “persons with disabilities receive the support required, within the general education system, to facilitate their effective education” and that “effective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion”. |
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| Definition | This indicator refers to whether the national legal framework complies with the CRPD’s requirement to provide persons with disabilities with support in order to facilitate their effective education. Support is defined with the aim to target the learning needs of persons with disabilities through the provision of additional teaching materials, special equipment, additional personnel or new teaching approaches.[12] Support also refers to resources that improve the learning environment beyond what the teacher can provide, such as the provision of health and social care services, technical assistance and psychological support.[13] The provision of support should be individually tailored to the needs of persons with disabilities in order to enable them to reach their full potential. |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
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| Data collection | States’ reviews by human rights mechanisms, laws related to disability, laws related to education. |
EDUCATION INDICATOR 10:
The legal framework requires that the teaching and learning of sign language, Braille, and appropriate augmentative and alternative modes, means and formats of communication are available for persons with disabilities
| Source | This indicator derives from Article 24 (3) (a) and (b) of the CRPD which requires States to take appropriate measures to facilitate the learning of sign language, Braille, alternative script, augmentative and alternative modes, means and formats of communication. |
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| Definition |
This indicator refers to whether the national legal framework complies with the CRPD’s requirement to facilitate the learning of sign language, Braille, alternative script, augmentative and alternative modes, means and formats of communication. Facilitating the learning of sign language, Braille, alternative script, augmentative and alternative modes, means and formats of communication empowers persons with disabilities, aims at reducing communication barriers and promotes accessibility and participation in education. It aims to guarantee access to education and to promote the right to cultural and linguistic identity. |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
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| Data collection | States’ reviews by human rights mechanisms, laws related to disability, laws related to education. |
(d) Education Component 4: The Right to Quality Education
Measuring conformity with the right to quality education for persons with disabilities requires a broad range of indicators, many of which may not be relevant to a national legal framework but rather to education policies and their implementation. Therefore, the right to quality education will be addressed through one indicator that can be expected to be covered by a legal framework and that is easily measurable; this indicator will focus on measuring conformity with the obligation to train education professionals on working with persons with disabilities.
EDUCATION INDICATOR 11:
The legal framework requires that education professionals and staff are trained to work with persons with disabilities
| Source | This indicator derives from Article 24 (4) of the CRPD which requires States Parties to “take appropriate measures to employ teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train professionals and staff who work at all levels of education. Such training shall incorporate disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities.” |
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| Definition | This indicator refers to whether the national legal framework complies with the CRPD’s requirement for States to employ teachers that are qualified in working with persons with disabilities, and the requirement to train education professionals and staff on methods and techniques required to meet the needs of persons with disabilities. Laws on general teacher training would therefore include training on disability awareness, on educational techniques and materials to support persons with disabilities. It should also require the provision of opportunities for teachers and education professionals and staff to become qualified in the use of sign language, Braille, alternative script, augmentative and alternative modes, means and formats of communication. |
| Value measurement | The national legal framework will be assigned a numeric value as follows:
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| Data collection | States’ reviews by human rights mechanisms, laws related to disability, laws related to education and training. |
[1] United Nations Office of the High Commissioner for Human Rights, 2013.
[2] United Nations Children’s Fund, 2012.
[3] United Nations Educational, Scientific and Cultural Organization, 2005.
[4] Ibid., p. 13
[5] United Nations Children’s Fund Innocenti Research Centre, 2007, p. 1
[6] Ibid., p. 1
[7] See CmRPD general comment No. 4 (2016) on the right to inclusive education (CRPD/C/GC/40). Para.1.
[8] Ibid, para.11
[9] United Nations Office of the High Commissioner for Human Rights, 2013.
[10] United Nations Children’s Fund, 2012.
[11] United Nations Office of the High Commissioner for Human Rights & Inter-Parliamentary Union, 2007, p. 14
[12] United Nations Educational, Scientific and Cultural Organization, 2005, p. 18. United Nations Children’s Fund, 2012, p. 41
[13] United Nations Educational, Scientific and Cultural Organization, 2005, p. 18. United Nations Children’s Fund, 2012, p. 71