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By Wendmeneh B. Lecturer in Law Haramaya University

Scope and Limits of Reasonable Accommodation under the Ethiopian Inclusive education Legislative Framework. By Wendmeneh B. Lecturer in Law Haramaya University. What is the concept of Reasonable Accommodation?. According to Art. 2 of the UNCRPD:

JasminFlorian
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By Wendmeneh B. Lecturer in Law Haramaya University

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  1. Scope and Limits of Reasonable Accommodation under the Ethiopian Inclusive education Legislative Framework By Wendmeneh B. Lecturer in Law Haramaya University

  2. What is the concept of Reasonable Accommodation? • According to Art. 2 of the UNCRPD: • necessary and appropriate modifications 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

  3. Continued… • The concept has been originally applied in religious setting

  4. Why Reasonable Accommodation should be provided for PWDs/persons with visual impairment? • To ensure better equality • Substantive equality is more realized than formal equality • Equity other than advantage

  5. Making a Clear Distinction between Reasonable Accommodation, Accessibility and Affirmative Action • Reasonable accommodation is individual based while accessibility is group oriented • Reasonable accommodation is ex nunc duty while accessibility is ex ante duty

  6. Continued… • Reasonable accommodation is non-discrimination duty • affirmative-positive action is preferential treatment

  7. Is Reasonable Accommodation a civil and political or socioeconomic right? • CRPD comprises both rights • Reasonable accommodation does not really progresive realization • Reasonable accommodation imposes immidiate obligation • The CRPD comitee in Spain’s submission held that reasonable accommodation is immidiate obligation in education

  8. The place of Reasonable accommodation under the Ethiopian legal framework • Disability related provisions of law in Ethiopia are quite general, scattered, not well understood. • The following major laws that have direct or indirect relevance to the provision of reasonable accommodation are discussed below.

  9. The FDRE Constitution of 1994 • The FDRE constitution does not recognize reasonable accommodation explicitly • Art. 25 recognizes substantive equality in general • Reasonable accommodation could be included by legal interpretation

  10. The FDRE Education and Training Policy of 1994 • This policy document does not have any clear recognition for reasonable accommodation • It recognizes that special must be provided for those with special needs

  11. The FDRE special needs/inclusive education strategy 2012 • It replaced the 2006 policy document on inclusive education • It recognizes the provision of reasonable accommodation in clear terms

  12. The National Plan of Action on PWDs 2012-2021 • Education has become the fourth priority • It recognizes the provision of reasonable accommodation for PWDs including PWVIs in education

  13. Higher institution Proclamation no. 1152/2019 • Art. 41 recognizes: 1. Institutions shall make, to the extent possible, their facilities and programs amicable to use with relative ease students with physical disabilities. 2/ Institutions shall, to the extent that situations and resources permit, relocate classes, develop alternative testing procedures, and provide different educational auxiliary aids in the interest of students with physical disabilities and learning disabilities.

  14. Major Challenges to ensure the provision of reasonable accommodation in inclusive education setting • Attitudinal barriers • Absence of sufficient regulation or guideline implementation • Lack of Fund • Poor Enforcement Mechanism

  15. Possible recommendations • Increasing awareness of beneficiaries and service providers • Allocating sufficient budget • Adopting comprehensive laws in hierarchy • Designing a better way of enforcement if the rules are not enforced Thank you!

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