Inquiry into the current levels of access and attainment for students with disability in the school system, and the impact on students and families associated with inadequate levels of support
In August 2015, ALHR made a submission to the Education and Employment Committee into the current levels of access and attainment for students with disability in the school system, and the impact on students and families associated with inadequate levels of support (“Inquiry”).
In summary, ALHR submits that in accordance with articles 24 and 7 of the United Nations Convention on the Rights of Persons with Disabilities children with disabilities must have access to inclusive education that offers them equal opportunities with other children where they can achieve full development that enables them to participate effectively in a free society. ALHR submits that schools or government policies which fail to provide equal and inclusive educational opportunities to children with disabilities are in breach of the United Nations Convention for the Rights of Persons with Disabilities.
Further, the United Nations Convention on the Rights of the Child establishes that all children have a right to education. Article 23 of the United Nations Convention on the Rights of the Child recognizes the special needs of children with disabilities, requiring that assistance is made available to ensure the child has effective access to and receives education. Article 29 requires that education should be directed to developing the child’s mental and physical abilities. ALHR submits that where children with disabilities are unable to access education that develops their physical and mental abilities by way of receiving special needs where required, the child’s fundamental human right to education is being denied. Practices which permit this to occur must cease immediately.
For the full submission see attachment titled Sub_134 below.