THE RIGHT TO EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES –
FOCUSING ON PRIMARY EDUCATION
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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.
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Recommendations made by Tunisia, China, Jamaica, South Korea and Cyprus.