CRPD/C/23/D/41/2017 3.4 The authors further claim that a violation of article 13 of the Convention has occurred, since none of the rulings, decisions or decrees issued by the authorities of the State party during the domestic proceedings has referred to the Convention or the right to inclusive education, whereas the authors have referred to both in every document that they have submitted. 3.5 The authors maintain that Rubén is the victim of a violation of article 15 read in conjunction with article 17 on account of the rejection, discrimination, neglect and abuse that he suffered during the academic years 2009/10 and 2010/11 at Antonio González de Lama de León mainstream public school. They add that the mistreatment that Rubén suffered at the hands of teaching staff endangered his physical integrity. They claim that the León provisional prosecution service, which was twice informed of the events that had occurred, never offered to meet with Rubén’s parents, ignored the witness evidence and did not take any action to protect Rubén’s rights. 3.6 Lastly, the authors claim that they are the victims of a violation of article 4 of the Convention, since the State party has not yet adopted a legislative framework, an education policy or administrative measures that could ensure the full realization of Rubén’s human rights to inclusive education, despite the fact that the Convention entered into force for the State party on 3 May 2008. State party’s observations on admissibility 4.1 On 26 December 2017, the State party submitted its observations on the admissibility of the communication. It requested that the communication should be shelved or declared inadmissible. 4.2 The State party recalls that, in their complaint, the authors requested, as a remedy, that “Rubén [be allowed to] study a module of adapted basic vocational training for administrative assistants and that, on completion of this module, he [be able to] certify the studies he has completed”. In this regard, the State party provides a report from the León regional government office attesting to the fact that, in the 2017/18 school year, Rubén was admitted to grade 1 of basic vocational training in administrative services at the publicly subsidized private educational centre “Down León Amidown Amigos del Síndrome de Down”.10 4.3 The State party concludes that since the authors’ requested remedy has been provided, they no longer have an interest in proceeding with the communication and it is therefore no longer appropriate to “make claims regarding the admissibility and merits” of the communication. Authors’ comments on the State party’s observations 5.1 On 1 February 2018, the authors submitted their comments on the State party’s observations. They confirm that Rubén is enrolled in the 2017/18 school year at the publicly subsidized private educational centre “Down León Amidown Amigos del Síndrome de Down”. However, contrary to the assertions made by the State party, this does not mean that their request for action to be taken in compliance with article 24 of the Convention regarding the right to inclusive education has been met. They assert that the centre where Rubén studies is “fundamentally a special centre” for persons with Down syndrome. It is not a mainstream educational establishment. There are six students enrolled in the course and they are all persons with intellectual disabilities and special educational needs. The authors contend that Rubén’s right to inclusive education cannot be said to have been realized. They disagree with the State party’s assertion that they no longer have an interest in pursuing the request submitted to the Committee, an assertion which they claim is unfounded. 5.2 They reiterate that their intention is to ensure the recognition of Rubén’s right to undertake basic vocational training in delivery of administrative services within the mainstream education system, with the necessary adaptations being made according to his special educational needs, and to ensure that at the end of his studies he obtains an official certificate attesting to the studies he has completed. 10 6 The State party also provided a definitive list of all students over the age of 17 who are enrolled in basic vocational training, in which Rubén’s name features. GE.20-12764