Thread by @AllMeansAllAus

While we have great respect for Prof McCallum and his legacy and appreciate this is research paper is an ambitious task of incredibly broad scope, we are surprised by assertions made about Article 24 #CRPD #DisabilityRC @DRC_AU

https://twitter.com/DRC_AU/status/1313978499741495296

Prof McCallum’s #DisabilityRC paper seeks to provide an overview of complex subject matter requiring deep knowledge of all articles of #CRPD & treaty body jurisprudence that has clarified and elaborated on their meaning in the 15 years since the 2006 adoption of the CRPD @DRC_AU

This statement on p.119 is, in our view, incorrect. It is inconsistent with General Comments No.4 & No. 6, Australian CRPD review Concluding Observations in 2013 & 2019, evidence by @UN experts at #DisabilityRC and another @DRC_AU research paper by @RosemaryKayess @therese_sands

‘Specialist classrooms in separate classrooms’ for students with disabilities ARE ‘segregation’ in accordance with the definitions provided by the CRPD Committee in General Comment No.4 (para 11) #DisabilityRC @DRC_AU

We also note the use of the word ‘integration’ as a synonym for ‘inclusion’ is incorrect. Again, as per definitions in #CRPD Committee’s General Comment No.4 – these are understood as distinct concepts #DisabilityRC @DRC_AU

‘Integration’ as defined by General Comment No.4 (as opposed to ‘inclusion’) is not a disability human rights goal and is not ‘beneficial for all children’ #DisabilityRC @DRC_AU

Segregated education for students with disabilities (aka ‘special’ schools/'special' units/'special' classes) breaches Articles 5 and 24 of the CRPD #DisabilityRC @DRC_AU

The #CRPD Committee has been consistently critical of segregation in 'special' units and 'special' classes, in addition to special schools as far back as the 2013 Concluding Observations at the first CRPD review of Australia #DisabilityRC @DRC_AU

The point is separation on the basis of disability in ‘special’ places IS SEGREGATION - and separate classrooms for students with disabilities are no less ‘segregation’ than separate buildings or separate schools for them #DisabilityRC @DRC_AU

The @IDA_CRPD_Forum 2020 Report on Inclusive Education actually explains ‘special classes’ as one of several common form of segregation in middle and high-income countries #DisabilityRC @DRC_AU

'Special classes’ for students with disabilities are a rapidly growing model of segregation in Australia - e.g. current NSW policy is to increase them in proportion to enrolment growth. This breaches #CRPD = impermissible retrogression #DisabilityRC @DRC_AU

The leading academic expert on Article 24 is @RosemaryKayess, current #CRPD Committee Vice President who also had a key role as the person appointed by the Ad Hoc Committee during the drafting of #CRPD, to facilitate drafting Article 24 – she has written:

@RosemaryKayess also wrote a #DisabilityRC @DRC_AU research paper with @therese_sands that stands in contrast with this paper - it characterises ‘special classes’ as discrimination:

Catalina Devandas Aguilar gave evidence at the #DisabilityRC @DRC_AU in her capacity as @UN Special Rapporteur @SR_Disability and clearly stated that segregated education is against the #CRPD:

Important to note segregation is a core & cross cutting issue under #CRPD & it's not possible to ‘cherry pick’ between disability segregated models and say ‘special schools’ are not ok but ‘special classes’ are fine or ‘institutions’ are not ok but ‘group homes’ are ok @DRC_AU

The statement on p. 119 of #DisabilityRC @DRC_AU research paper that: ‘children with disabilities in mainstream schools also attend some special classes or programs, for example teaching braille or sign language, this would be compatible with article 24’ - is also not accurate

While linguistic and communication rights are recognised in the #CRPD including Art 24.3(c), CRPD Committee has stated in General Comment No.4 that ‘any support measures provided must be compliant with the goal of inclusion (para 33) … #DisabilityRC @DRC_AU

- … and that progressive realisation of an inclusive education system is not compatible with maintaining segregated ‘special’ education (para 40, GC4) #DisabilityRC @DRC_AU

We note @IDA_CRPD_Forum report led by IDA’s Inclusive Education Task Team, that included the World Federation of the Deaf and World Blind Union, discusses how teaching braille and sign language can be provided within inclusive education settings #DisabilityRC @DRC_AU

That report can be accessed here: internationaldisabilityalliance.org/ida-inclusive-…

Finally, assertions in Prof McCallum’s @DRC_AU #DisabilityRC paper about ‘the advantages of special education’ and the suggestion that children in part-time segregated settings ‘get the best of both worlds’ are also unexpected

The research evidence does not support segregated 'special' education - even on a ‘part of the day/week’ basis #DisabilityRC @DRC_AU

Prof McCallum is a highly respected disabled academic and his research paper makes an important contribution to the work of the #DisabilityRC @DRC_AU. However, we could not overlook his conclusions on Article 24 #CRPD

Prof McCallum’s @DRC_AU #DisabilityRC paper diverges from the jurisprudence of CRPD C'ttee & other @UN treaty bodies that have refined & explained the normative content of Article 24 #CRPD – and from the cross disability consensus position in @IDA_CRPD_Forum inclusive ed report

Segregated ‘special’ classrooms for students with disabilities are NOT compatible with Article 24 #CRPD, are NOT supported by international human rights law and jurisprudence and are NOT supported by 40+ years of research evidence #DisabilityRC @DRC_AU