THE RIGHT TO EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES – FOCUSING ON PRIMARY EDUCATION 14 on Education for All to ensure the right to education for all regardless of individual differences. The Salamanca Statement outlines the guiding principles which include among others, that ordinary schools should accommodate all children, regardless of their physical, intellectual, social, emotional, and linguistic or other conditions. In particular the Statement states all educational policies should specify that disabled children attend the neighbourhood school “that would be attended if the child did not have a disability”. The Universal Periodic Review (UPR) on Malaysia 36. At the recent UPR on Malaysia held in October 2013, Malaysia received five recommendations9 pertaining to the rights of persons with disabilities. Malaysia accepted all five recommendations, all of which touch on ensuring access to education with four of them specifically calling on the Government to provide equal and sufficient access to education for children with disabilities including to ensure an inclusive education system is in place. B. REGIONAL HUMAN RIGHTS INSTRUMENTS ASEAN Human Rights Declaration 37. In November 2012, the Association of South-east Asian Nations (ASEAN), of which Malaysia is a member, adopted the ASEAN Human Rights Declaration which also requires the States to respect, among others, the people’s right to education. This is encapsulated in Article 31 which reads: 31. Education (1)   Every person has the right to education. (2) Primary education shall be compulsory and made available free to all. Secondary education in its different forms shall be available and accessible to all through every appropriate means. Technical and vocational education shall be made generally available. Higher education shall be equally accessible to all on the basis of merit. (3) Education shall be directed to the full development of the human personality and the sense of his or her dignity. Education shall strengthen the respect for human rights and fundamental freedoms in ASEAN Member States. Furthermore, education shall enable all persons to participate effectively in their respective societies, promote understanding, tolerance and friendship among all nations, racial and religious groups, and enhance the activities of ASEAN for the maintenance of peace. 9 Recommendations made by Tunisia, China, Jamaica, South Korea and Cyprus.

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