The UK government is preparing to ratify (bring into UK law) the United Nations Convention on the Rights of Persons with Disabilities. Governments can either ratify a Convention in full or express one or more reservations or interpretive declarations, to clarify their intentions and/or indicate which parts of the Convention they do not plan to implement. The UK government is considering placing four reservations (more than the total reservations placed by 47 other countries that have already ratified this convention) and, alarmingly, is considering a reservation on Article 24 (Education). CSIE urges all inclusion supporters to act now and help make the voice for inclusion heard.
The facts
The Convention
A landmark international treaty, the Convention sets out in detail all disabled people’s rights and a code of implementation. A key document of the 21st century, all the more significant because it marks a paradigm shift in perceptions of disability. Article 24 stipulates an inclusive education system at all levels and specifies that disabled learners should not be excluded from the general educational system. The Convention has been written in collaboration with disabled people and spells out what should be in place in every country, so that disabled people can enjoy full and effective participation and inclusion in society. It was certainly not intended to offer a list of rights for governments to choose which ones to uphold and which not.
For more information on the Convention see the United Nations’ Enable website.
The DCSF’s position on Article 24
The UK can provide inclusive education in special schools, thinks Ed Balls; he wants to issue an interpretive declaration to say that special schools are part of a range of provision that makes up the country’s general education system. The UK would then be free to continue systematically discriminating on the grounds of disability. But this is not all. Article 24 (para 2b) requires disabled pupils to access an inclusive, quality and free education on an equal basis with others in the communities in which they live. The DCSF want to place a reservation here, so that disabled children can continue to be placed in day or residential special schools miles away from their home. Parents have to be offered the choice of special schooling, says the DCSF, and if this is miles from home then so be it. Such a reservation would perpetuate the long-established cruel system of educational apartheid.
CSIE’s position on these issues
The DCSF’s insistence to contravene children’s basic human right in the name of parental choice is unacceptable. The Department does not allow parents the choice of physically attacking their children or of subjecting them to conditions of child labour. Why allow them to breach their child’s right to education without discrimination? In any case, parents formulate their choices within an existing context, not in a vacuum; in the current educational context many mainstream schools still feel ill-equipped to educate disabled learners. As more mainstream schools become willing and able to include all learners, parental choice for special schools is likely to diminish.
Special schools were established at a time when disabled people were not part of mainstream society. Our thinking has moved on and so should our educational practice. The imperative for inclusive education for all has not yet been fully understood; wider awareness of the social model of disability is needed. In assessing some children’s “needs” many processionals still focus on physical, sensory or mental impairments and place children in institutions alongside others with similar impairments. No adult would choose their workplace by these criteria. It is unethical to deprive disabled children of the opportunity to grow up and learn alongside their non-disabled peers, and vice versa. The moral argument for inclusion is strong and remains undisputed. On the other hand there is a strong lobby of parents and professionals, many of whom have a vested interest in a particular school, insisting that special schools are necessary because they offer specialized provision not available in mainstream schools. We must not let the mistakes of the past shape our future. What is missing is consistency in the capacity of mainstream to respond to today’s inclusive values. With the current emphasis on personalized learning, there is no reason why “specialized provision” cannot be made available in mainstream. Indeed, in many places, it is.
The government cannot pick and choose which rights to uphold — this is unethical and an insult to the dignity of disabled people. Speak up now!
What you can do
- a) Write to your MP
Every message helps. Whether you spell out your detailed thoughts or drop a quick line to ask for ratification of the Convention WITHOUT RESERVATIONS, your voice counts.
To do this, go to the they work for you website, enter your postcode and, on your MP’s page, click on the option to send a message. It’s as simple as that and it needn’t take more than a few minutes.
- b) Write to the Prime Minister
Many others are writing to him about this. The more letters he receives, the more likely he is to listen. Help him understand why a reservation on Article 24 is unethical or simply tell him how appalled you are that his government is considering this reservation.
To do this, address your letter to “Dear Mr Brown” or “Dear Prime Minister” and post to: The Rt Hon Gordon Brown MP, 10 Downing Street, London SW1A 2AA or fax it to 020 7925 0918. Emailing Gordon Brown may soon become possible; you can find out on the Number 10 website.
- c) Ask your family, friends and colleagues to do the same.
Do all three and give yourself a pat on the back. The sooner you do this the better; the government is still considering its position but may announce its decision in March.
Thank you in anticipation of your action. Every voice counts – united we are stronger!
