CRPD/C/23/D/41/2017
5.3
They explain that Rubén had to enrol in the “Down León Amidown Amigos del
Síndrome de Down” centre because there were no adequate mainstream educational
establishments in his city or in the surrounding area offering real, effective and high-quality
inclusive education.
5.4
The authors reiterate their claims regarding the violation of their rights under articles
4, 7, 13, 15, 17 and 23 of the Convention and note that the State party has not commented
on these allegations.
Additional submissions by the parties
6.1
In its observations of 30 May 2018, the State party argues that the authors have
deviated from their initial request by citing violations of articles 4, 7, 13, 15, 17 and 23 of
the Convention in their comments.11 In response to what the State party considers to be the
subject of the communication, namely the violation of article 24 of the Convention, it
reaffirms that the authors’ request for reparation has been satisfied.
6.2
Both the module that Rubén is studying and the centre that teaches it are part of the
State party’s mainstream education system. Order No. EDU/465/2017 of 13 June 201712
provides the following:
First. […] The renewal of the education grant agreements signed by the private
educational establishments listed in annexes I, II and III is hereby approved with the
amendments set out in those annexes: (a) Annex I: Renewal of education grant
agreements on the second cycle of nursery education, primary education,
compulsory secondary education and baccalaureate programmes; (b) Annex II:
Renewal of education grant agreements on vocational training; (c) Annex III:
Renewal of education grant agreements on special education. Second. New
agreements under the education grant agreements system. New agreements under the
education grant agreements system signed by the private educational establishments
and courses listed in annexes IV and V are hereby approved: (a) Annex IV: New
agreements under the education grant agreements system in the area of vocational
training; (b) Annex V: New agreements under the education grant agreements
system in the area of special education.
6.3
The State party indicates that the “Down León Amidown Amigos del Síndrome de
Down” centre appears in annex IV (new agreements under the education grant agreements
system in the area of vocational training). This shows that the centre has signed an
agreement to provide basic vocational training, not an agreement to provide special
education as in the case of the establishments listed in annexes III and IV. It adds that the
centre is listed in the Regional Ministry of Education directory of institutions as a private
specialized training centre.
6.4
On 19 September 2018, the authors submitted additional comments, stating that the
administrative services module taught at the Amidown private centre is not designed to be
inclusive: it is a basic vocational training programme for students with special educational
support needs. They reiterate that both Rubén’s family and the families of his classmates
are aware that their children are not receiving an inclusive education, but that they consider
it to be the “least worst option” offered by the State party in the absence of educational
institutions in the area offering opportunities for real and effective inclusion. They explain
that in the city of León there are two related modules on offer, the administrative services
programme at Ordoño II secondary school and the agriculture, gardening and botanical
studies programme at Juan del Enzina secondary school.
6.5
The fact that these modules are offered in mainstream public or private schools is
not a guarantee of their inclusivity, since they are taught in segregated classrooms for
students with special educational support needs. Moreover, “schooling in an educational
establishment of any kind cannot constitute high-quality inclusive education if, in reality,
the segregation [previously] experienced continues in practice”.
11
12
GE.20-12764
The Committee notes that these articles of the Convention were also mentioned in Rubén’s initial
complaint.
Order No. EDU/465/2017 of 13 June 2017 approving new agreements under the education grant
agreements system, the renewal of existing education grant agreements, and amendments for the
school years 2017/18 to 2022/23.
7