CRPD/C/23/D/41/2017
of part of the teaching staff was not at all cooperative; moreover, the school’s reaction to
the teaching staff’s actions was not what was immediately required of it (admitting, at least
for the purposes of the argument, the serious accusations made against several teachers
[…]), there could even have been some abnormal functioning, but such was the climate in
the school where the child was receiving assistance and an education”.
8.13 The Committee also notes the authors’ claim that the León provincial prosecution
service, which was twice informed of the events that had occurred, closed the case. In
particular, the Committee notes that, in their second report, the authors included new
evidence in the form of information contained in the ruling of the High Court of Justice of
Castile and León regarding the statements of the mothers of Rubén’s classmates, who
testified to the abuse that he had suffered, and the Court’s statement that “there could even
have been some abnormal functioning” in the school. The Committee considers that, faced
with such information, the authorities of the State party had an obligation to carry out an
effective and thorough investigation into these allegations, but it failed to do so. In the light
of the above and in the absence of any comments from the State party in this regard, the
Committee considers that the State party has violated Rubén’s rights under articles 15 and
17 of the Convention read alone and in conjunction with article 4.
8.14 Having found violations of the authors’ rights under the aforementioned articles of
the Convention, the Committee does not consider it necessary to examine the same
allegations under article 7 of the Convention.
8.15 The Committee recalls that, pursuant to article 4 of the Convention, States parties
have the general obligation to take all necessary measures to ensure and promote the full
realization of all human rights and fundamental freedoms for all persons with disabilities.
Thus, in the light of the arguments set forth in the preceding paragraphs, the Committee
finds that the State party failed to discharge its obligations under articles 7, 15, 17, 23 and
24 of the Convention, read alone and in conjunction with article 4.
C.
Conclusion and recommendations
9.
The Committee, acting under article 5 of the Optional Protocol, is of the view that
the State party has failed to fulfil its obligations under articles 7, 15, 17, 23 and 24 of the
Convention, read alone and in conjunction with article 4. The Committee therefore makes
the following recommendations to the State party:
(a)
Concerning the authors, the State party is under an obligation to:
(i)
Provide them with an effective remedy, including reimbursement of any legal
costs they have incurred, together with compensation, taking into account the
emotional and psychological harm they have suffered as a consequence of the
treatment they received and the way their case was handled by the authorities;
(ii)
Ensure that Rubén is admitted to a truly inclusive vocational training
programme, in consultation with him and with his parents;
(iii) Conduct an effective investigation into the allegations of abuse and
discrimination reported by the authors and ensure accountability at all levels;
(iv) Publicly recognize, in accordance with the present Views, the violation of the
rights of Rubén, a child, to inclusive education and to a life free from violence and
discrimination, as well as the violation of the rights of his parents, who were
wrongly charged with the criminal offence of neglect, which had psychological and
financial consequences;
(v)
Publish the present Views and circulate them widely in accessible formats so
that they are available to all sectors of the population.
(b)
In general, the State party is under an obligation to take measures to prevent
similar violations in the future. In this regard, the Committee refers to the recommendations
contained in its concluding observations (CRPD/C/ESP/CO/2-3, paras. 46 and 47) and in its
inquiry concerning Spain under article 6 of the Optional Protocol (CRPD/C/ESP/IR/1). In
particular, it requests the State party, in close consultation with persons with disabilities and
the organizations that represent them, to:
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