PART 1
THE COMMISSION’S REPORT ON THE RIGHT TO EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES
– FOCUSING ON PRIMARY EDUCATION
Article 13
(1) The States Parties to the present Covenant recognize the right of
everyone to education. They agree that education shall be directed to
the full development of the human personality and the sense of its dignity,
and shall strengthen the respect for human rights and fundamental
freedoms. They further agree that education shall enable all persons
to participate effectively in a free society, promote understanding,
tolerance and friendship among all nations and all racial, ethnic or
religious groups, and further the activities of the United Nations for the
maintenance of peace.
(2) The States Parties to the present Covenant recognize that, with a view
to achieving the full realization of this right:
a) Primary education shall be compulsory and available free to all;
b) Secondary education in its different forms, including technical
and vocational secondary education, shall be made generally
available and accessible to all by every appropriate means, and in
particular by the progressive introduction of free education;
c) Higher education shall be made equally accessible to all, on the
basis of capacity, by every appropriate means, and in particular by
the progressive introduction of free education;
d) Fundamental education shall be encouraged or intensified as far as
possible for those persons who have not received or completed the
whole period of their primary education;
e) The development of a system of schools at all levels shall be actively
pursued, an adequate fellowship system shall be established, and
the material conditions of teaching staff shall be continuously
improved.
International Covenant on Civil and Political Rights (ICCPR)
33. The ICCPR also evokes the right to education within the broader context of
freedom of thought, conscience and religion. Article 18.4 states that, ‘States
Parties to the present Covenant undertake to have respect for the liberty of
parents and, when applicable, legal guardians to ensure the religious and
moral education of their children in conformity with their own convictions.’
UNESCO Salamanca Statement and Framework for Action on Special Needs
Education
34. In June 1994, representatives of 92 governments and 25 international
organisations formed the World Conference on Special Needs Education,
held in Salamanca, Spain. Malaysia was one of the 92 governments that
adopted this Statement.
35. The Conference reaffirmed the right to education of every individual, as
enshrined in the 1948 Universal Declaration of Human Rights, and renewed
the pledge made by the world community at the 1990 World Conference
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