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THE RIGHT TO EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES –
FOCUSING ON PRIMARY EDUCATION
primary education and secondary education on an equal basis
with others in the communities in which they live;
c) Reasonable accommodation of the individual’s requirements is
provided;
d) Persons with disabilities receive the support required, within the
general education system, to facilitate their effective education;
e) Effective individualized support measures are provided in
environments that maximize academic and social development,
consistent with the goal of full inclusion.
Universal Declaration of Human Rights (UDHR)
31. In 1948, the United Nations unanimously adopted the UDHR. Despite its nonbinding nature, UDHR has emerged to become an authoritative reference
of human rights principles. Article 26 emphasises the right to free and
compulsory primary education and higher education. It also stresses equal
access of education to all.
Article 26
(1) Everyone has the right to education. Education shall be free, at least in
the elementary and fundamental stages. Elementary education shall
be compulsory. Technical and professional education shall be made
generally available and higher education shall be equally accessible to
all on the basis of merit.
(2) Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further
the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be
given to their children.
International Covenant on Economic, Social and Cultural Rights (ICESCR)
32. The ICESCR is a cornerstone for the international protection of human
rights. The ICESCR is one of the most comprehensive texts on the right to
education. In particular, Article 13 provides for the educational aims and
lays out obligations by which the State Parties must abide with at all levels
of education, primary, secondary and higher. It also makes reference to
literacy, scholarships, and the conditions of teaching staff.