1. ACCESS OF CHILDREN WITH DISABILITIES TO SCHOOLS PRESENTATION TO THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION 19 February 2014

2. PRESENTATION OUTLINE International and National Obligations with regards Access of Children with Disabilities to Schools DWCPD mandate Defining Disability External environment challenges impacting on Access of Children with Disabilities to Schools DWCPD Interventions, Progress and Impact Recommendations 2

3. INTERNATIONAL AND NATIONAL OBLIGATIONS ACCESS OF CHILDREN WITH DISABILITIES TO SCHOOLS Convention against Discrimination in Education The Convention on the Rights of the Child Article 23Children with Disabilities Article 28Education The Convention on the Rights of Persons with Disabilities Article 5: Equality and non-discrimination Article 7: Children with disabilities Article 9: Accessibility Article 19: Living independently and being included in the community Article 23: Respect for home and the family Article 24: Education MDGs  MDG I: Eradication of extreme poverty and hunger MDG 2: Achieve universal primary education Constitution of the Republic of South Africa, 1996 Section 9: The Right to Equality Section 28: The Rights of Children Section 29: The Right to Education 3

4. DWCPD MANDATE Champion and advocate for the effective mainstreaming of children’s rights and responsibilities (including the rights of children with disabilities) Coordinate development of cross-cutting legislation, policies and programmes that impact on the lives of children Monitor, (track statistical trends, analyse government performance) evaluate (testing impact of interventions with rights-holders) and report on progress being made in the realisation of the rights of children, including children with disabilities Support the implementation of cross-cutting legislation, policies and programmes that impact on the lives of children through service delivery improvement/turnaround plans Commission/Conduct evidence and rights-based research 4

5. DEFINING DISABILITY WITHIN A HUMAN RIGHTS CONTEXT Disability is imposed by society when a person with a long-term physical, psychosocial, cognitive and/or sensory impairment is denied access to full participation in all aspects of life, and when society fails to uphold the rights and specific needs of individuals with impairments Acquiring an impairment should therefore not necessarily lead to disability Being born with an impairment should not detract from having equal access to early childhood development opportunities and programmes Acquiring an impairment should not detract from equal access to schooling and/or post school education and training Acquiring an impairment should not detract from earning a living/working Acquiring an impairment should not lead to early retirement 5

6. EXTERNAL ENVIRONMENTAL CHALLENGES DETRACTING FROM ACCESS BY CHILDREN WITH DISABILITIES TO SCHOOLS Harmful and negative belief systems associated with disability; Lack of access to parenting and parent empowerment programmes; Lack of timeous access to relevant information; Lack of inclusive early childhood development opportunities; Additional burden of cost of disability to the family; Lack of community-based access to early identification and intervention programmes (health services); Weaknesses in referral systems between the health, social development and education sectors; Inaccessible public/scholar transport systems; Inaccessible built environment; Rights holders do not have easy access to recourse when their right to access to schooling have been violated; Lack of national Braille printing and Sign Language development capacity 6

7. DWCPD INTERVENTIONS, PROGRESS AND IMPACT MANDATEINTERVENTIONS/ ACTION PROGRESS/ IMPACT Coordinate development of cross- cutting legislation, policies and programmes National Plan of Action for Children (NPAC) National Disability Rights Policy (NDRP) National Disability Rights Legislation NPAC approved by Cabinet in 2013; official and child-friendly version printed. Draft White Paper on the NDRP will be taken through FOSAD clusters in March/April 2014. Target for Cabinet approval of final White Paper on NDRP is Nov 2014. National Disability Rights Legislation will be developed in 2015/16. 7

8. National Plan of Action for Children The right to access education is embedded in the NPAC: page 44-45 (copies available) The NPAC indicates clearly who is and what the lead department and what should be done by different departments. The role of the supporting departments’ is also clearly indicated The NPAC is a blue print to guide all government departments to address the rights of children. (e.g DSD to provide psychosocial services, DBE to provide curriculum adjustment, educational assistive devices etc) Implementation Monitoring Mechanism: DWCPD convenes and chairs quarterly meetings of the NPAC steering committee to monitor progress DWCPD tracks and analyses inclusion of NPAC deliverables in national outcomes and government-wide planning system 8

9. National Disability Rights Policy 9 Update the White Paper on an Integrated National Disability Strategy, Integrate: the obligations contained in the UN Convention on the Rights of Persons with Disabilities; the provisions of the Continental Plan of Action for the African Decade of Persons with Disabilities; South African legislation and policy frameworks; the National Development Plan 2030. It is therefore the first step towards domesticating the Convention and will inform a major legislative and policy review across all government departments and municipalities, as well as the development of transversal disability rights legislation. The NDRP will clearly communicate government’s prioritisation with regards implementation of the CRPD

10. 10 M&E strategy (indicators, tools etc) Development of Disability Data Management System Study on Economics and Cost of Disability Disability Responsive Budgeting Model National Disability Rights Policy Disability Disaggregation of National Development Plan

11. DWCPD INTERVENTIONS AND IMPACT MANDATEINTERVENTION/ ACTION PROGRESS/ IMPACT Champion and advocate for the effective mainstreaming of children’s rights and responsibilities (including the rights of children with disabilities) Campaigns National Disability Rights Awareness Month coordinated annually with strong focus on children with disabilities and their right to access to schools Strengthening sector legislation, policies and programmes Raising children’s rights and disability rights awareness in IGR platforms such as FOSAD, Outcome Implementation Forums, SALGA etc Facilitating NGO participation in key processes Access to Education for all Children Campaign -specific focus on children with disabilities in inclusive education settings (concept document developed and consulted; launched in Gauteng and in Limpopo in 2013) Impact: increased enrolment of children with disabilities (there are currently more children with disabilities in ordinary schools than in special schools) Disability sector (including parents organisations) mobilised to comment on education sector legislative and policy processes Impact: Right of children with disabilities to schooling mainstreamed in these documents 11

12. DWCPD Interventions and impact Strengthening sector legislation, policies and programmes – The DWCPD facilitated/are participating on the mainstreaming of disability considerations into the following education-related policies, among others: The ECD curricula; The SAHRC Education Charter The White Paper on Post School Education and Training Scholar Transport Policy (in progress) Child-friendly Communities Initiative In addition, the DWCPD participates in, among others the ECD Implementation Plan and the review of the ECD programme DSD Disability Social Services Bill Development Dept of Health Rehabilitation Policy Review DOC Disability and ICT Strategy and Implementation Plan 12

13. DWCPD INTERVENTIONS AND IMPACT MANDATEINTERVENTION/ACTIONPROGRESS/IMPACT Monitor, (track statistical trends, analyse government performance) evaluate (testing impact of interventions with rights-holders) and report Commission/ Conduct evidence and rights-based research Baseline Country Report on Implementation of the Convention on the Rights of Persons with Disabilities Periodic Reports to the Convention on the Rights of the Child as well as AU instruments First Periodic Report to the CRPD Survey of condition of teaching and learning and safety in special schools Case management – facilitating access to schooling when complaints are received by liaising with the DBE and provincial education departments Development of M&E Strategy Approved by Cabinet in pril 2013 Due for completion 2015 Draft Report compiled DBE Inter-Provincial Inclusive Education Forum working on response plan Integrated M&E Strategy for 3 sectors finalised; Children’s indicators populated in Lwazi Ngabantwana Database Disability rights indicators and tools being consulted 13

14. DWCPD Interventions and impact Recommendations contained in the draft Report on the Status of Learners with Disabilities in Special Schools DWCPD responsibilities Coordinate the development of exit strategies, including bridging programmes, for learners with disabilities at special schools who cannot progress to institutions of higher education. National Disability Rights Policy and its Implementation Guidelines Benchmarking good practice 14

15. DWCPD INTERVENTIONS AND IMPACT MANDATEINTERVENTION/ ACTION PROGRESS/ IMPACT Support the implementation of cross-cutting legislation, policies and programmes that impact on the lives of children through service delivery improvement/ turnaround plans Frontline service delivery improvement by mobilising relevant stakeholders in a coordinated plan of action to develop examples of good practice and strengthen delivery capacity Lepelle Nkumpi Khanyisa Special School Vukuhambe Special School Forest Town Vocational Training Centre (bridging programme attached to special school) MNet Naledi Children’s Literacy Project (Sive and Agape Special Schools) Phokeng Excellence in Education Inclusive ICT centre (Braille and Sign Language capacity) (Cell C partnership) 15

16. RECOMMENDATIONS Finalisation of transversal/cross-cutting policy and legislation (Enforceable minimum norms and standards for disability mainstreaming & strengthening of representative voice of persons with disabilities) Progressive roll-out of Rights-based Monitoring and Evaluation Strategy Strengthening interface with Outcomes Implementation Forums Strengthening disability responsive budgeting Strengthening research into priority areas for disability equity promotion Publication of thematic research 16

17. Working together we can do more to remove barriers and create an inclusive and accessible society for all. 17