Not a favor, but a right A human rights based approach of inclusive education. The United Nations Convention on the Rights of Persons with Disabilities and its implications for higher education Prof. Dr. Machteld Verbruggen

1 History and facts CRPD: New York 13 december 2006 Convention + Optional Protocol (legal protection) 1st HR Treaty 21st century Fastest negotiated HR Treaty Highest number of signatories first day (88)

2 History and facts First Treaty open to regional integration organisations (EU!) First time active partipation of civil society (“nothing about us without us”) Into force in Belgium July, Ratified by EU December 23, 2010

3 Background Shift of Paradigm: f rom medical to social model Disability= barrier to participation in society

4 Disability “long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others” Education: learning disability

5 Principles Inclusion Autonomy Participation Non-discrimination Reasonable accomodations Universal design

6 Inclusive education system Inclusive education at all levels No exclusion of general education system on the basis of disability In the communities where they live Reasonable accomodation provided Individualized support measures

7 Inclusive education system Universal design: Universal design: programmes and services usable by all people, to the greatest extent possible, without the need for adaptation or specialized design Does not exclude assistive devices for particular groups of persons with disabilities where this is needed.

8 Tertiary education States Parties shall ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. that reasonable accommodation is provided to persons with disabilities.

9 Reasonable accomodation necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden where needed in a particular case to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms

10 Reasonable accomodation in HE Safety Curriculum Way services are provided

11 Non-discrimination Direct discrimination Indirect discrimination: apparently neutral criteria or practice disadvantages a certain group of people unless the practice can be objectively justified by a legitimate aim and is necessary and proportional tot this aim Refusal of reasonable accomodation = discrimination

12 Enforcement Not of Treaty as a whole Possible for separate provisions Judges are familiar with concepts as discriminations, reasonable accomodation and proportionality Interpretation of current national legislation in the light of the convention State should provide legal protection

13 Conclusion Not of Treaty as a whole Possible for separate provisions Judges are familiar with concepts as discriminations, reasonable accomodation and proportionality Interpretation of current national legislation in the light of the convention State should provide legal protection