BackThe Commissioner for Administration and the Protection of Human Rights (Ombudsman) presents a report on discriminatory policy towards children with disabilities.
Despite the fact that on May 19, 2020, the parents and guardians of children with disabilities, along with all other parents and guardians, received a relevant Guide on the Return of Children to School, following an Announcement dated May 20, 2020, by the competent Minister, they were informed that, for their children, separate conditions and procedures will apply in terms of their return to schools.
The said Announcement by the Ministry of Education, Culture, Sport and Youth (MECSY) stipulated that:
“Taking into account that the reopening of Primary Schools and Gymnasiums and that the attendance of students in the classrooms is related to the implementation of Health Protocols, in particular with regards to the health safety of children attending the School Special Units, or who have serious health and adjustment problems, which are met by school assistants/escorts, special or enhanced protective measures should be taken before these students return to schools for their studies."
In light of the facts of the case, it is clear that there was discriminatory treatment and therefore, a violation of both the state obligations arising from the UN Convention on the Rights of Persons with Disabilities and the Persons with Disabilities Law, in conjunction with the Combating of Racism and Other Discrimination (Commissioner) Law. Not only because no individualized support measures were provided in time in order for children with disabilities to return to school, but also because these children were treated in a less favorable terms compared to other children in a comparable situation. At the same time, they faced additional hurdles that related to all the conditions that had to be fulfilled in order to return to school.
Consequently, the Commissioner for Administration and the Protection of Human Rights suggests that the Ministry’s Announcement dated 20 May 2020, and the requirements it stipulates relating to the return of children with disabilities back to school, be immediately re-examined and that any decisions made must include a more favourable treatment of children with disabilities, must ensure no further delays and provide for the access of all students to education, without any discrimination.
This report is submitted to the Minister of Education, Culture, Sports and Youth, in order to take appropriate action.
Source: Office of the Commissioner for Administration and Protection of Human Rights
