PART 1 THE COMMISSION’S REPORT ON THE RIGHT TO EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES – FOCUSING ON PRIMARY EDUCATION CHAPTER 2 LEGAL AND POLICY FRAMEWORKS ON THE RIGHT TO EDUCATION FOR CWLD 21. Education plays an important role in the lives of every human being. It is the agent of change that helps chart the course of a person’s life, determine a person’s progress, achievement and survival. Not surprisingly, the right to education is enshrined in many of the international instruments and, is constitutionally protected in many countries. A. INTERNATIONAL HUMAN RIGHTS INSTRUMENTS 22. Human rights has always recognised and championed the right to education for all persons regardless of gender, age, ethnicity and disabilities. The United Nations (UN) has translated this recognition in a number of instruments: Convention on the Rights of the Child (CRC) 23. Adopted in November 1989 by the UN General Assembly, the CRC recognises the human rights of all children, and identifies four general principles that are fundamental to all children, namely: • • • • non-discrimination the best interest of the child survival and development respect for the views of the child 24. CRC is one of the three human rights instruments to which Malaysia has acceded. Being a State Party, Malaysia is duty-bound to honour the obligations enshrined therein. Although Malaysia has placed several reservations to provisions6 in the CRC, it has not done so with respect to Article 23 which requires the State Parties to ensure appropriate assistance is provided to enable children with disability to access education in a manner to facilitate their social inclusion. Article 23 (1) States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child’s active participation in the community. 6 Malaysia reserves Articles 2, 7, 14, 28(1)(a) and 37 of the CRC. 9