Another international document, that lead the way for the Convention, is the Convention on the Rights of the Child (“CRC”).  Article 28 of the CRC requires free, compulsory, primary education for all.  Article 28 also requires that different forms of secondary education available and accessible to all.  Additionally, article 29 of the CRC requires the full development of the child’s personality and his or her talents and abilities to their full potential.  The right to education is universal and must extend to all children, youth, and adults with disabilities.  This right is further addressed in several significant, internationally approved declarations, including the World Declaration for Education for All (1990), the Standard Rules on the Equalization of Opportunities for Persons with Disability (1993), the UNESCO Salamanca Statement and Framework for Action (1994), and the Dakar Framework for Action (2000).

The Convetion offers more benefits and protections than the previous international documents.  Article 12 of the Convention recognizes equal recognition before the law for persons with disabilities.  Article 12 requires that countries ensure the equal right of persons with disabilities. Article 7 of the Convention requires that the best interests of the child be the primary consideration and due weight in accordance with their age and maturity.   Article 24 of the Convention ensures the right to education for persons with disabilities, which requires that all countries to have an inclusive education system.  The inclusive education system provides equal opportunity without discrimination at all levels of education for all types of learning. Article 24 states that an inclusive education system enhances the development of persons with disabilities in their emotional, physical, and mental abilities. Article 24 states that with greater access to education, persons with disabilities will likely more fully participate in their respective societies.

Article 24 requires an “inclusive education system.”  Article 24 of the Convention requires countries to ensure opportunities for persons with disabilities by not excluding them from the general education system due to their disability.  Article 24 requires that the general education system be free and compulsory at the primary education level on an equal basis with others in their own country.   Article 24 also requires countries to ensure secondary, tertiary, and life-long learning opportunities, for persons with disabilities, on equal with others in their own country. Additionally, article 24 requires countries to provide reasonable accommodation to persons with disabilities, so that they may receive an effective education. Article 24 states that reasonable accommodation includes effective individualized support to maximize academic and social development. Article 2 of the Convention defines “reasonable accommodation” as the “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.”

The Convention is not a limitation on country laws to protect persons with disabilities, but sets out a minimum standard for all countries to ensure equal opportunity for persons with disabilities.  Additionally, the Convention allows countries to enact higher standards to give more protections for persons with disabilities to effectuate equality.