Recommendations: The Commission recommends that the New Zealand Government: a) Immediately extends eligibility to funded, FASD-informed Disability Support Services for those who have a diagnosis of probable FASD (regardless of the presence of an intellectual disability). b) Conducts a FASD prevalence study in Aotearoa New Zealand and identify FASD in high-risk groups such as children excluded from school, children in state care and those entering the youth and criminal justice systems, to better understand the population and appropriate targeting of resources. In the interim, and given the need for urgent action, planning should be based on currently available evidence. c) Reviews progress on and completes the 2016-2019 FASD Action Plan within revised definitive timeframes, in particular the actions relating to providing supports to individuals and whānau commensurate with their needs. These should be implemented in partnership with Māori and those affected by FASD. Fully inclusive education system – article 24 Inclusive education 21. Inclusion is key to achieving the fundamental right to education under article 24 of the CRPD.27 Since the last CRPD review in 2014, Aotearoa New Zealand has made some legislative changes to affirm its commitment to inclusive education.28 However, a gap still exists between this commitment and practice. Aotearoa New Zealand still has an ongoing need to build a fully inclusive education system for disabled children and young people.29 An example of this is that the government has recently proposed to change eligibility for enrolment at residential specialist schools, which has the potential to negatively impact New Zealand’s obligations under the CRPD. 27 28 29 Committee on the Rights of Persons with Disabilities General Comment No.4 (CRPD/C/GC/4) (25 November 2016) at [2] and [10(a)]. The United Nations Convention on the Rights of the Child also stresses that, regarding children with disabilities, assistance must be provided to ensure that they have ‘effective access to … education … in a manner conducive to achieving the fullest possible social integration and individual development’ (article 23). For example, Parliament’s Education and Science Committee held an inquiry on ASD, Dyspraxia and Dyslexia in schools (November 2016) and made several recommendations, including extending inclusive education (recs 3 and 4). The Education and Training Act 2020, ss 5 and 127 and the Statement of National Education Learning Priorities (set by the Minister) also contain language that is generally affirming of inclusive education. For example, IHC currently has a claim before the HRRT regarding equal access to education. See IHC “Human rights experts hear from parents” (20 July 2021) at https://ihc.org.nz/strong-voices/humanrights-experts-hear-parents. 9