22. Article 24 of the CRPD places an unequivocal obligation on State Parties to ensure that disabled people are not excluded from the general education system on the basis of their disability. The CRPD further specifies that:30 a. children with disabilities are not excluded from either primary or secondary education on the basis of disability; and b. persons with disabilities can access an inclusive, quality and free primary and secondary education on an equal basis with others in the community in which they live. 23. In its General Comment No.4, the Committee on the Rights of Persons with Disabilities has emphasised the importance of inclusive education:31 “Inclusive education is central to achieving high quality education for all learners, including those with disabilities, and for the development of inclusive, peaceful and fair societies. Furthermore, there is a powerful educational, social, and economic case to be made. The OHCHR Thematic Study of the Rights of Persons with Disabilities to Education (2013) affirms that only inclusive education can provide both quality education and social development for persons with disabilities, and a guarantee of universality and non-discrimination in the right to education.” 24. Education is not inclusive where disabled students are segregated from their non-disabled peers, not able to attend school for the same number of hours as their non-disabled peers, or not able to participate in all aspects of school life. The Committee has made clear that education of disabled students should not be provided in separate environments in isolation from students without disabilities.32 Full realization of article 24 is not compatible with sustaining two systems of education: mainstream and special/segregated education systems.33 The Committee has also said that inclusive education is incompatible with institutionalisation of persons with disabilities.34 Disabled students should be able to attend primary and secondary schools within the communities where they live and should not be sent away from home.35 25. Unfortunately, aspects of Aotearoa New Zealand’s education system for disabled students remain segregated. While there are only a small number of students currently segregated, the current shift towards changing criteria for accessing residential special schools is concerning. 30 31 32 33 34 35 Article 24(2). General Comment No.4, above n 24, at [2]. Ibid at [11]. Ibid at [39]. See also A Byrnes “Analysis of Article 24 of the Convention on the Rights of Persons with Disabilities and its Relation to Other International Instruments” (September 2020), at pp.2 – 4 which states that article 24 “obliges states to transition to a system of fully inclusive education, involving in the medium-term to long-term the allocation of resources to general schools to support this transition and the eventual abolition of special schools or other forms of segregated education for children with disability”. This analysis further found that States’ obligations under article 24 are not inconsistent with article 13(3) of the ICESCR and article 26(3) of the UDHR, which do not guarantee parents the liberty to choose separate schooling on the basis of their child’s disability. Ibid at [64]. CRPD, article 24(2)(b); General Comment No.4, above n 24, at [26]. 10