THE PROBLEMS OF ENSURING OF REASONABLE ACCOMMODATION REQUIREMENT IN EDUCATION ACCORDING TO UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
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Abstract
The author of this article revealed the difficulties of entrenching of reasonable accommodation as a legal requirement and the problematic aspects of realization of this accommodation in the Member States of United Nations Convention on the Rights of Persons with Disabilities according to 24 article of this Convention. The author formulated recommendations how to increase possibilities for disabled persons and persons with special needs in education to access the right to education in line with natural abilities of these persons.
The generalisation of especially the practice of Committee on the Rights of Persons with Disabilities related to ensuring of reasonable accommodation implementing 24 article of the Convention paved the way for identifying the problems of entrenching of reasonable accommodation as a legal requirement in the Convention Member States and some problematic aspects of practical guaranties of this accommodation.
The author payed attention to problems and recommendations prepared by Ombudsperson for Children’s Rights of the Republic of Lithuania in the field of education of disabled persons and persons with special needs in education on the scarcity of resources necessary to implement legal acts, the lack of specialists or insufficient competence of them, the lack of services and the lack of expansion of such services. Taking into account that denial of reasonable accommodation is qualified as discrimination the author while analysing the jurisprudence of entrenching of reasonable accommodation as a legal requirement and explanation of application of this requirement gets the chance to suggest the recommendations for increasing possibilities for disabled persons and persons with special needs in education to access the right to education in line with the natural abilities of these persons. Lithuania needs to allocate sufficient resources in order to develop an inclusive education system to all persons with disabilities and to persons with special needs in education. It is recommended that the greater efforts should be made to provide reasonable accommodation to those persons according to their needs, to ensure that they have the required support in the mainstream education system, continuing to provide training for teachers and all other educational staff to enable them to work in inclusive educational settings. It is recognized that appropriate ensuring of these measures could enable changes of public attitudes towards people with disabilities, persons with special needs in education.
The generalisation of especially the practice of Committee on the Rights of Persons with Disabilities related to ensuring of reasonable accommodation implementing 24 article of the Convention paved the way for identifying the problems of entrenching of reasonable accommodation as a legal requirement in the Convention Member States and some problematic aspects of practical guaranties of this accommodation.
The author payed attention to problems and recommendations prepared by Ombudsperson for Children’s Rights of the Republic of Lithuania in the field of education of disabled persons and persons with special needs in education on the scarcity of resources necessary to implement legal acts, the lack of specialists or insufficient competence of them, the lack of services and the lack of expansion of such services. Taking into account that denial of reasonable accommodation is qualified as discrimination the author while analysing the jurisprudence of entrenching of reasonable accommodation as a legal requirement and explanation of application of this requirement gets the chance to suggest the recommendations for increasing possibilities for disabled persons and persons with special needs in education to access the right to education in line with the natural abilities of these persons. Lithuania needs to allocate sufficient resources in order to develop an inclusive education system to all persons with disabilities and to persons with special needs in education. It is recommended that the greater efforts should be made to provide reasonable accommodation to those persons according to their needs, to ensure that they have the required support in the mainstream education system, continuing to provide training for teachers and all other educational staff to enable them to work in inclusive educational settings. It is recognized that appropriate ensuring of these measures could enable changes of public attitudes towards people with disabilities, persons with special needs in education.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
