considerations
against
the
right
to
equitable
education
without
discrimination.
320. The Court observes as submitted by the amici that in order for children with
disabilities to ‘access education’, it requires them to be reasonably
accommodated including being provided with: Large print learning
materials, assistive devices including glasses, extra time during exams and
ensuring that teachers are trained on albinism.
321. Furthermore, their security should be guaranteed to and from school. In this
regard, the Court notes the Respondent State’s submission which is
buttressed by the report of the Independent Expert on the Enjoyment of
Human Rights by Persons with Albinism that, it has provided some assistive
devices to children with albinism.
322. The Court, however, notes that some children with albinism have been
denied the opportunity to attend mainstream schools and are therefore
forced to learn braille. The Court also notes that the Respondent State has
not discharged its obligation as regards providing of assistive devices.
323. The Court is alive to the fact that the right to education is a social, economic
and cultural right which requires adequate finances but that does not excuse
the Respondent State from reasonably accommodating children with
albinism, who are already marginalised and anxiously face death threats on
a daily basis. The Court therefore concludes that the education is not
available or accessible to the children with albinism.
324. The education system especially in the shelters is also not acceptable or
adaptable, as discussed above, due to the overcrowding, the lack of training
of the teachers and the lack of provision of assistive devices.
325. In the circumstances, the Court finds that the Respondent State has violated
the right to education under Article 17(1) of the Charter and Article 11 of the
73