HUMAN RIGHT TO INCLUSIVE EDUCATION

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The human right to education is a fundamental right of all human beings that allows us to acquire knowledge, in order to achieve a full social life. By exercising this human right, it becomes the means to achieve the effective exercise of other human rights, thus achieving the economic, social and cultural development of societies.

Nowadays it is known that some children or young people are prevented from accessing or remaining in an educational institution, only because they stigmatize the student as problematic, without considering that the behavior of the student or possible student is due to a disability, such as it is the Attention Deficit Hyperactivity Disorder (ADHD), violating the human right that assists them to receive an Inclusive Education.

The National Council to Prevent Discrimination (CONAPRED), has pointed out that ADHD “being a neurobiological affectation that translates into difficulties to pay attention and control impulses, can have a chronic impact on daily life in various areas of adolescent life, causing the lack of understanding of the aforementioned disorder to generate social barriers that impede the exercise of their rights under equal conditions, including the right to education”; thus, CONAPRED considered ADHD as a disability, which often makes it difficult to study and learn at the same pace as other students and/or classmates. This is why the importance of educational institutions becoming aware of the great diversity and plurality that exists in society, and in turn, adjusting their actions to the observance of non-discrimination human rights, as well as access of people with disabilities to education.

In this sense, the right to inclusive education is expressly recognized in Article 24, Paragraph 1, of the Convention on Rights for Persons with Disabilities, according to which States must ensure that persons with disabilities can exercise their rights. Right to education through an inclusive education system at all levels, without discrimination and on equal terms with others. Therefore, in a general manner, it can be understood as the right of all (children, adolescents and adults), regardless of their conditions or differences, to learn together according to the educational level that corresponds to them, given the premise that all we are different, that is why each person has characteristics, interests, abilities and needs of particular learning.

Under this order of ideas, the National Supreme Court of Justice when resolving the Constitutional Claim (Juicio de Amparo Directo) 31/2018, on its November 14th, 2018 session, determined the human right of people with ADHD to receive a “normal” education in any educational institution, so that these, for full respect of the human right of inclusive education, must provide the necessary elements, in addition to implementing the relevant actions (which may include formulation and monitoring of psychopedagogical strategy under the teacher`s responsibility, specialized psychology staff and of the own directive personnel, with the collaboration of the parents), inclusively, they will have to provide extra help to the student so that he can learn well and with the necessary comfort in class. So people with ADHD, by that fact alone does not mean that they have to study in a special-needs school.

 

Note: This communication is a summary for purposes of disclosure only. For any comments regarding the same, please contact Raoul Chollet at r.chollet@consulbaja.com.mx

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