1. Educational inclusion as a human rights issue Thursday 12 th November 2015 Juliet Harris, Director, Together Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr

2. Why is educational inclusion a human rights issue? What does the UNCRC say about educational inclusion? What’s the situation in Scotland now? And what more needs to be done? Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr

3. About Together An NGO alliance of nearly 300 children’s charities which works to: Promote the UN Convention on the Rights of the Child (UNCRC) Help to integrate the UNCRC into the work of children’s organisations Monitor, evaluate and report on progress made at a Scottish and UK level Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr

4. Educational inclusion as a human rights issue. The right to education. The right to quality education. The right to be respected within education

5. The right to education. UNCRC Article 28: Education The child has the right to education; the State has a duty to make primary education compulsory and free to all; to take measures to develop different forms of secondary education and to make this accessible to all children. School discipline should be administered in a manner consistent with the child’s human dignity. Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr

6. The right to quality education. UNCRC Article 29: Aims of education Education should be directed at developing the child’s personality and talents; preparing the child for active life as an adult; fostering respect for basic human rights; developing respect for the child’s own cultural and national values and those of others; and developing respect for the natural environment. Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr

7. The right to be respected within education. Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr UNCRC Article 2: Non-discrimination All rights in the Convention apply to all children without exception, and the State has an obligation to protect children from any and all forms of discrimination including that resulting from their parents or guardian’s status. UNCRC Article 3: Best interests of the child All actions concerning the child must be based on his or her best interests. UNCRC Article 6: Survival and development The child has an inherent right to life, and the State has an obligation to ensure to the maximum extent possible the survival and development of the child. UNCRC Article 12: The child’s opinion The child has the right to express an opinion, and to have that opinion taken into account, in any matter or procedure affecting the child, in accordance with his or her age and maturity.

8. Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr UN Committee on the Rights of the Child: General Comment No. 1 on the aims of education (2001 ) “Discrimination on the basis of any of the grounds listed in article 2 of the Convention, whether it is overt or hidden, offends the human dignity of the child and is capable of undermining or even destroying the capacity of the child to benefit from educational opportunities”.

9. Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr UN Committee on the Rights of the Child: General Comment No. 9 on the rights of children with disabilities (2006) “… inclusive education is a set of values, principles and practices that seeks meaningful, effective, and quality education for all students, that does justice to the diversity of learning conditions and requirements not only of children with disabilities, but for all students. This goal can be achieved by different organizational means which respect the diversity of children.”

10. Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr Ensure that all children out of school get alternative quality education. Continue to strengthen efforts to reduce the effects of the social background of children in their achievement in school. Invest considerable additional resources in order to ensure the right of all children to a truly inclusive education which ensures the full enjoyment to children from all disadvantaged, marginalised and school-distant groups. Recommendations made to the UK by the UN Committee in 2008:

11. Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr Children living in poverty begin school at five already 40% more likely to face difficulties with their cognitive development and twice as likely to face difficulties with their communication development. In 2014, almost 4% of pupils in the most deprived communities managed to get three ‘A’ grades in their school-leaving exams (known as Highers), compared to 24% in the wealthiest communities. Children with additional support needs are four times more likely to be excluded from school and exclusion rates for looked after children are eight times higher than their peers. Where are we now?

12. Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr Scottish Government has introduced a Raising Attainment for All Programme and Access to Education Fund and recognises that much more needs to be done to ensure that barriers to learning for looked after children are removed. The forthcoming Education (Scotland) Bill 2015 places a duty on education authorities and Scottish Ministers to have due regard to reducing inequalities of outcome experienced by pupils which result from socio-economic disadvantage. The Children and Young People (Scotland) Act 2014 requires Ministers to consider how then they can implement the UNCRC, and public bodies to report on steps taken to implement the UNCRC. What action is being taken?

13. Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr A coherent strategy is needed to address the educational inequalities experienced by children within their homes and communities. Children have identified the need for more help for families with additional costs at school such as basic equipment and resources, more support for learning in and out of school through supported study and homework clubs and more out-of-school and leisure activities. What more needs to be done?

14. Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr But it’s not just about legislation….

15. Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr UNESCO: Guidelines for Inclusion: Ensuring Access to Education for All, 2005 “…the move towards inclusion is not simply a technical or organisational change but also a movement with a clear philosophy. In order for inclusion to be implemented effectively, [there is a] need to define a set of inclusive principles together with practical ideas to guide the transition towards policies addressing inclusion in education. The principles of inclusion that are set out in various international declarations can be used as a foundation.”

16. Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr Access to education available for, accessible to and inclusive of all children. Quality of education relevant and embrace a broad curriculum, and be appropriately resourced and monitored. Respect in education provided in a way that is consistent with human rights, including equal respect for every child, opportunities for meaningful participation, freedom from all forms of violence, and respect for language, culture and religion. Key human rights principles in inclusive education.

17. The right to be respected within education. Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr UNCRC Article 2: Non-discrimination All rights in the Convention apply to all children without exception, and the State has an obligation to protect children from any and all forms of discrimination including that resulting from their parents or guardian’s status. UNCRC Article 3: Best interests of the child All actions concerning the child must be based on his or her best interests. UNCRC Article 6: Survival and development The child has an inherent right to life, and the State has an obligation to ensure to the maximum extent possible the survival and development of the child. UNCRC Article 12: The child’s opinion The child has the right to express an opinion, and to have that opinion taken into account, in any matter or procedure affecting the child, in accordance with his or her age and maturity.

18. Educational inclusion as a human rights issue Thursday 12 th November 2015 Juliet Harris, Director, Together Website: www.togetherscotland.org.uk Follow us on Twitter! @together_sacr