CRPD/C/GC/6
62.
The placement of children in institutions on the basis of their impairment is also a
form of discrimination prohibited by article 23 (5) of the Convention. States must ensure
that parents with disabilities and parents of children with disabilities have the necessary
support in the community to care for their children.
K.
Article 24 on education
63.
The failure of some States parties to provide students with disabilities — including
students with visible and invisible disabilities and those who experience multiple forms of
discrimination or intersectional discrimination — with equal access to mainstream school
with inclusive and quality education is discriminatory, contrary to the objectives of the
Convention and in direct contravention of articles 5 and 24. Article 5 (1) interacts with
article 24 and requires States parties to remove all types of discriminatory barriers,
including legal and social barriers, to inclusive education.
64.
Segregated models of education, which exclude students with disabilities from
mainstream and inclusive education on the basis of disability, contravene articles 5 (2) and
24 (1) (a) of the Convention. Article 5 (3) requires States parties to take all appropriate
steps to ensure that reasonable accommodation is provided. That right is strengthened for
persons with disabilities in article 24 (2) (b), which requires States parties to ensure an
inclusive education for persons with disabilities on an equal basis with others in the
communities in which they live. That goal can be achieved by providing reasonable
accommodation of an individual’s requirement, in accordance with article 24 (2) (c), and
developing new and inclusive settings according to universal design. Standardized
assessment systems, including entry examination that directly or indirectly exclude students
with disabilities are discriminatory and in contravention of articles 5 and 24. States parties’
obligations extend beyond the school. States parties must ensure school transportation is
provided to all students with disabilities where transportation options are limited due to
social or economic barriers.
65.
To ensure equality and non-discrimination for deaf children in educational settings,
they must be provided with sign language learning environments with deaf peers and deaf
adult role models. The lack of proficiency in sign language skills of teachers of deaf
children and inaccessible school environments exclude deaf children and are thus
considered discriminatory. The Committee calls upon States parties to be guided by its
general comment No. 4 (2016) on the right to inclusive education, when carrying out
measures to fulfil their obligations under articles 5 and 24.
L.
Article 25 on health
66.
Under articles 5 and 25 of the Convention, States parties must prohibit and prevent
discriminatory denial of health services to persons with disabilities and to provide gendersensitive health services, including sexual and reproductive health rights. States parties
must also address forms of discrimination that violate the right of persons with disabilities
that impede their right to health through violations of the right to receive health care on the
basis of free and informed consent, 15 or that make facilities or information inaccessible. 16
M.
Article 27 on work and employment
67.
To achieve de facto equality in terms of the Convention, States parties must ensure
that there is no discrimination on the grounds of disability in connection to work and
employment.17 In order to ensure reasonable accommodation as laid out in article 5 (3) and
15
16
17
See general comment No. 1, para. 41.
See general comment No. 2, para. 40.
See the International Labour Organization Discrimination (Employment and Occupation) Convention,
1958 (No. 111), and Vocational Rehabilitation and Employment (Disabled Persons) Convention,
1983 (No. 159).
15
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