In order to facilitate freedom of choice, any admission policies for educational institutions
(including those based upon residential qualifications) must be non-discriminatory as
described above in term of reference (vi). In particular, parents, legal guardians and children
(subject to their age and ability) should be able to choose between specialised or mainstream
schools for children with disabilities.436 In this regard, the European Committee of Social
Rights has ruled that France failed to fulfil its educational obligations to persons with autism
under the European Charter due to both the lack of integration in mainstream education and
the extreme shortage of specialised educational institutions.437 Further, in order to give
disabled people an effective choice regarding their education, the State has an obligation to
provide appropriate facilities and programmes (and additional support, including, for
example, teacher-aides) which cater for their disabilities and enable those children to realise
their full potential.438
436
Article 24(2)(a) of the UN Draft Disabilities Convention requires States to ensure that persons with
disabilities are not excluded from the general education system on the basis of disability.
437
Autism-Europe v France Complaint No. 13/2002 4 November 2003 (ECSR).
438
See term of reference (vi) for further discussion on the right of disabled persons to education.
138