317. Article 24(1) of the CRPD stipulates that:
States Parties recognize the right of persons with disabilities to education.
With a view to realizing this right without discrimination and on the basis of
equal opportunity, States Parties shall ensure an inclusive education system
at all levels and lifelong learning directed to:
a) The full development of human potential and sense of dignity and selfworth, and the strengthening of respect for human rights, fundamental
freedoms and human diversity;
b) The development by persons with disabilities of their personality,
talents and creativity, as well as their mental and physical abilities, to
their fullest potential;
c) Enabling persons with disabilities to participate effectively in a free
society.
318. Furthermore, Article 24(2) of the CRPD provides that:
…in realizing this right, States Parties shall ensure that: (a) Persons with
disabilities are not excluded from the general education system on the basis
of disability, and that children with disabilities are not excluded from free and
compulsory primary education, or from secondary education, on the basis of
disability; (b) Persons with disabilities can access an inclusive, quality and
free primary education and secondary education on an equal basis with
others in the communities in which they live; (c) Reasonable accommodation
of the individual’s requirements is provided.
319. As regards reasonableness in discharging State obligations pertaining to
the right to education, the Court finds it relevant to refer to RPD Committee’s
General Comment 4, (2016) which states that “[r]easonableness” is
understood as the result of an objective test that involves an analysis of the
availability of resources, as well as the relevance of the accommodation,
and the expected goal of countering discrimination.”91 What is reasonable
is determined on a case-by-case basis by weighing up a number of
91
Article 24 – CRPD, General comment No. 4 (2016).
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