School of Law Reasonable Accommodation Education Lecturer: Shivaun Quinlivan

Paradigm Shift A change from one of way of thinking to another: –Medical model –Disability model School Institute Name to go here

Medical Model v. Social Model Apply the medical model to this image. Apply the social model to this image. School Institute Name to go here

CRPD Persons with disabilities include those who have long- term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. School Institute Name to go here

Purpose of CRPD – Equality! The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. School Institute Name to go here

CRPD - Structure Divided into three parts: Part 1 – Articles cross-cutting articles Part 2 – Articles – substantive articles Part 3 – – Implementation and Monitoring School Institute Name to go here

“Legal roadmap for change” respect for inherent dignity and individual autonomy including freedom to make one’s own choices; the principle of non-discrimination; a commitment to equality of opportunity; accessibility and a duty to respect the evolving capacities of children with disabilities and their right to preserve their identities. School Institute Name to go here

Article 5 ‘persons are equal before and under the law’ entitled to ‘equal protection and equal benefit of the law.’ States Parties must provide ‘effective legal protection against discrimination.’ In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. School Institute Name to go here

Discrimination on the basis of disability … means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation; School Institute Name to go here

Reasonable Accommodation means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms; Remember EU have ratified this convention. School Institute Name to go here

What is reasonable accommodation? Is it a form of positive or affirmative action? Is it a form of charity? No it’s a positive non-discrimination measure. School Institute Name to go here

Article 24 Inclusive education –Directed towards full development of human potential –Development of … abilities to their fullest potential –Participation in society. To realize this right –No exclusion from general system –Access on an equal basis with others –Reasonable accommodation –Supports School Institute Name to go here

Examples Irish Law – Equal Status Acts prohibit discrimination on nine grounds including disability. The prohibition of discrimination includes a prohibition on discrimination in education and includes the duty to provide reasonable accommodation. Cases: –Presumption in favour of inclusion –Knowledge, engagement, limits to the duty. School Institute Name to go here

Inclusive examples … School Institute Name to go here

Centre for Disability Law and Policy Questions?