PART 1 THE COMMISSION’S REPORT ON THE RIGHT TO EDUCATION FOR CHILDREN WITH LEARNING DISABILITIES – FOCUSING ON PRIMARY EDUCATION Convention on the Rights of Persons with Disabilities (CRPD) 28. The CRPD was adopted by the UN General Assembly in December 2006 and is seen as the latest influential instrument to promote the rights of persons with disabilities. Malaysia ratified CRPD on 19 July 2010.8 29. The CRPD makes explicit reference to the rights of children with disabilities in which it calls on the State Parties to recognise the equal rights of children with disabilities; to respect the capacities and preserve the identity of children with disabilities; to consult children with disabilities in formulating, developing or/and implementing legislation or/and policies that relate to them; to ensure appropriate respect and on other rights including education, information, participating, family life and freedom from violence. 30. With regard to the right to education, Article 24 upholds the rights of persons with disabilities to inclusive education, at all levels, without discrimination and on basis of equality of opportunity. This Article requires the State Parties to ensure that children with disabilities are not excluded from free and compulsory primary education or secondary education on basis of their disability; have access to an inclusive, quality and free primary education and secondary education on an equal basis with others; are provided with reasonable accommodation of their needs; receive appropriate support to facilitate their effective education; and are provided with individualised support measures, consistent with full inclusion. Article 24 - Education (1) States Parties recognize the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and lifelong learning directed to: a) The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity; b) The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential; c) Enabling persons with disabilities to participate effectively in a free society. (2) In realizing this right, States Parties shall ensure that: a) Persons with disabilities are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability; b) Persons with disabilities can access an inclusive, quality and free 8 Malaysia reserves Articles 15 and 18 of CRPD. 11