Prohibition of discrimination on grounds of disability in the light of the European right to education of children

Abstract

The concept of "education" necessarily implies "access" to education, and the possible separation of these co-existing and interdependent concepts would deprive European regulations of the goal of combating discrimination in education. The sources of the principle of non-discrimination in the European Union can be found in the common constitutional traditions of the Member States, as well as in universal human rights – in particular in the European Convention for the Protection of Human Rights and Fundamental Freedoms and in EU law itself. This right has been also protected in The Charter of The Fundamental Rights of EU. However, directive 2000/78/EC protects against discrimination on grounds of disability only in the field of employment. It does not include access to education. The UN Convention on the Rights of Persons with Disabilities dated in 2006 includes the right to education for children with disabilities and requires implementation of reasonable accommodation for all. It is based on the right to full participation in society as a human right. High-quality education is a prerequisite for successful integration into society. The purpose of education is proper preparation for employment. Therefore, the protection of the right of access to education for children with disabilities should not be inferior to the protection of people with disabilities in the field of employment.