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Not a favor, but a right

Not a favor, but a right. A human rights based approach of inclusive education. The United Nations Convention on the Rights of Persons with Disabilities and its implications for higher education Prof. Dr. Machteld Verbruggen. History and facts. CRPD: New York 13 december 2006

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Not a favor, but a right

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  1. Not a favor, but a right A human rights based approach of inclusive education. The United Nations Convention on the Rights of Persons with Disabilities and its implications for higher education Prof. Dr. Machteld Verbruggen

  2. History and facts • CRPD: New York 13 december 2006 • Convention + Optional Protocol (legalprotection) • 1st HR Treaty 21st century • Fastestnegotiated HR Treaty • Highestnumber of signatoriesfirstday (88)

  3. History and facts • First Treaty open to regionalintegrationorganisations (EU!) • First time activepartipation of civil society (“nothingaboutus without us”) • Intoforce in BelgiumJuly , 2 2009 • Ratifiedby EU December 23, 2010

  4. Background • Shift of Paradigm: frommedical to social model • Disability= barrier to participation in society

  5. Disability • Disability • “long-termphysical, mental, intellectualorsensoryimpairmentswhich in interactionwithvariousbarriersmay hinder their full and effectiveparticipation in society onanequal basis withothers” • Education: learningdisability

  6. Principles • Inclusion • Autonomy • Participation • Non-discrimination • Reasonableaccomodations • Universal design

  7. Inclusiveeducation system • Inclusiveeducation at all levels • No exclusion of generaleducation system on the basis of disability • In the communitieswherethey live • Reasonableaccomodationprovided • Individualized support measures

  8. Inclusiveeducation system • Universal design:Universal design: programmes and services usableby all people, to the greatestextentpossible, without the needforadaptationorspecializeddesign • Does notexcludeassistivedevicesforparticulargroups of personswithdisabilitieswherethis is needed.

  9. Tertiaryeducation • StatesPartiesshallensure • thatpersonswithdisabilities are able to accessgeneraltertiaryeducation, vocational training, adulteducation and lifelonglearning • without discrimination and onanequal basis withothers. • thatreasonableaccommodation is provided to personswithdisabilities.

  10. Reasonableaccomodation • necessary and appropriatemodification and adjustments • notimposing a disproportionateorundueburden • whereneeded in a particular case • to ensure to personswithdisabilities the enjoymentorexerciseonanequal basis withothers of all humanrights and fundamentalfreedoms

  11. Reasonableaccomodation in HE • Safety • Curriculum • Way services are provided

  12. Non-discrimination • Direct discrimination • Indirect discrimination: apparentlyneutral criteria orpracticedisadvantages a certaingroup of people • unless the practicecanbeobjectivelyjustifiedby a legitimateaim and • is necessary and proportional tot thisaim • Refusal of reasonableaccomodation = discrimination

  13. Enforcement • Not of Treaty as a whole • Possiblefor separate provisions • Judges are familiarwithconcepts as discriminations, reasonableaccomodation and proportionality • Interpretation of currentnationallegislation in the light of the convention • State should provide legalprotection

  14. Conclusion • Not of Treaty as a whole • Possiblefor separate provisions • Judges are familiarwithconcepts as discriminations, reasonableaccomodation and proportionality • Interpretation of currentnationallegislation in the light of the convention • State should provide legalprotection

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