THE RIGHT TO EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES –
FOCUSING ON PRIMARY EDUCATION
10
(2) States Parties recognize the right of the disabled child to special care
and shall encourage and ensure the extension, subject to available
resources, to the eligible child and those responsible for his or her care,
of assistance for which application is made and which is appropriate to
the child’s condition and to the circumstances of the parents or others
caring for the child.
(3) Recognizing the special needs of a disabled child, assistance extended
in accordance with paragraph 2 of the present article shall be provided
free of charge, whenever possible, taking into account the financial
resources of the parents or others caring for the child, and shall be
designed to ensure that the disabled child has effective access to and
receives education, training, health care services, rehabilitation services,
preparation for employment and recreation opportunities in a manner
conducive to the child’s achieving the fullest possible social integration
and individual development, including his or her cultural and spiritual
development.
(4) States Parties shall promote, in the spirit of international cooperation,
the exchange of appropriate information in the field of preventive
health care and of medical, psychological and functional treatment of
disabled children, including dissemination of and access to information
concerning methods of rehabilitation, education and vocational
services, with the aim of enabling States Parties to improve their
capabilities and skills and to widen their experience in these areas. In this
regard, particular account shall be taken of the needs of developing
countries.
25. In 2006, the Committee on the Rights of the Child issued a General Comment7
on children with disabilities which stressed that inclusive education must be
the goal of educating children with disabilities.
26. Article 2 of the CRC which is reserved by the Government, emphasises
the principle of non-discrimination which requires the States to ensure
that necessary steps are taken to eliminate discrimination and safeguard
equality in areas including education. Arguably, children with disabilities,
among others, are at a greater risk of being discriminated on basis of their
disabilities. Barriers, be they infrastructures or other instrumentalities, that
restrict their access to education violate the children with disabilities’ right to
education.
27. However, while there is room for improvements, in general the Government
has taken the necessary progressive measures to ensure that children with
disabilities have equal access to education and are not discriminated
against.
Committee on the Rights of the Child, General Comment No 9 (2006): The Rights of Children with
Disabilities. Available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?sym
bolno=CRC%2fC%2fGC%2f9&Lang=en
7