After considering the general framework of the UN Convention on the Rights of Persons with Disabilities, it is time to turn to its application to some selected areas. We do this by considering the practical implications of specific articles of the Convention and their repercussion on concrete examples, case-law, and policy-making.

Art. 19 on living independently and being included in the community

The first article we look at is art.19 on living independently and being included in the community. As you will notice from reading the article, this is a right that finds its origin in some fundamental human rights standards and has implications on other rights as well. However, in the UN CRPD it is included as a distinct right. Understanding what it means in practical terms is essential for the implementation by State Parties to the UN CRPD and for all stakeholders.

The video lecture below will provide an overview of the key elements and issues to consider such as:

The Independent Living Movement;
Origins of the Right – Negotiating the CRPD;
Core Content: Article 19;
Interpreting the Right – State Obligations.

Flynn1_transcript.pdf

Here is the video mentioned in the lecture https://www.youtube.com/watch?v=dLbrqMrVYL0while here you can find the General Comments issued by the Committee on the Rights of Persons with Disabilities.

The reading below entitled The right of people with disabilities to live independently and be included in the community (Council of Europe, 2012) helps you grasp the different ways in which this right should be implemented and offers indications about violations which still occurs for million of persons with disabilities around the world such as placement in institutions, isolation within communities or inaccessibility of facilities. It also includes the recommendations of the Human Rights Commissioner of the Council of Europe on these matters.

For basic knowledge of the content of the right, read pages 1-19; for information on implementation issues, continue from page 29 to page 41.

RightsToLiveInCommunity-CoE2012.pdf

For an illustration of DPOs work on the issue of institutionalisation, see this update by Disability Rights International and the Concluding Observations of the CRPD Committee on Guatemala.

Art.24 on inclusive education

The second area of analysis is related to art.24 on education. In this case, too, we start by reading the article, move to some general remarks on implementation through the interpretation of the CRPD Committee and then look at some concrete real-life examples, in particular as discussed in court cases around the world.

To move from the text of the article to a deeper understanding of what inclusive education means in human rights and practical terms, the recent General Comment No 4 of the Committee on the Rights of Persons with Disabilities provides us with background, definitions and illustrations as well as indications on States' obligations and measures of implementation at the national level:

CRPD-C-GC-4.pdf

The video below offers further points of discussion. Starting from the historical exclusion of learners with disabilities from schools, it examines the different tracks in responding to the problem. In this part, the focus is on the conceptual and theoretical underpinnings of inclusive education. The final part then reflects on the implementation of art.24 with strong reliance on the jurisprudence on inclusive education in order to allow you to reflect on the distinction between integration (mainstreaming) and inclusion in education.

Kamga_transcript.pdf

For a more detailed reference to the court cases mentioned in the video, please follow the links provided in the transcript above.

OPTIONAL: If you are interested in further readings on this topic, Richard Rieser's report on Implementing inclusive education: A commonwealth guide to implementing article 24 of the UN Convention n the rights of persons with disabilities (Commonwealth Secretariat, 2012) offers illustrations and examples in its Chapter 4 (pp. 43-76).

Implementing Inclusive Education Commonwealth Guide.pdf

To conclude Module 1, please take the Mid-term Quiz.