PA: Class action ruling: Ministry of Education prevents CRPD-compliant access to inclusive education

Monitoring committee criticizes the precarious situation of students with disabilities in Austria

The Monitoring Committee greatly welcomes the trend-setting association lawsuit ruling and congratulates the Litigation Association on the first association lawsuit under the Equal Opportunities for Persons with Disabilities Act. It shows examples of the legal shortcomings and omissions in the field of inclusive education. The verdict found discrimination in access to education for students with disabilities at federal schools. Personal assistance is only available to some students in federal schools, not all groups of students with disabilities. This clearly violates the UN Convention on the Rights of Persons with Disabilities. With Article 24 of the UN Convention on the Rights of Persons with Disabilities, Austria commits itself to ensuring that all children with disabilities can learn on an equal footing with children without disabilities.

The verdict shows that we are still far too far away from the goal of inclusive education. Inclusive education must become the law and not at the mercy or goodwill of the educational administration. The fact that the Ministry of Education recognizes the judgment and will implement it is positive. But it is just one piece of the puzzle for the bigger picture of inclusive education. It cannot be that people with disabilities and their families have to sue to get the support they need to participate in education., says Tobias Buchner (Chairman of the Independent Monitoring Committee). However, the topic of assistance dealt with by the class action lawsuit is only one of many problems in the implementation of inclusive education, In Austria, the binding requirements of Article 24 are continuously and blatantly neglected. This affects many important areas where little effort is being made according to Buchner. According to the committee, these include:

• The measures for the nationwide expansion of inclusive education are insufficient.
• The separating special school system is maintained and even expanded.
• Accessibility in schools is hardly available.
• Pupils with disabilities are not included in the planning and implementation of measures.
• Access to studies and teacher training is more difficult for people with disabilities.

The association lawsuit judgment should be a warning foretaste of the UN state examination for the Ministry of Education and to encourage far-reaching measures. The road to inclusive education in Austria and thus to the implementation of the UN-CRPD is still alarmingly long, as the monitoring committee will show in detail shortly with a special report on inclusive education and as part of the UN state examination in the summerexplains Daniela Rammel (chair team of the Independent Monitoring Committee).

Media coverage:

Comment of the others by Tobias Buchner in the print standard and on Standard.at

APA Science, 27.04.2023, Reform calls for personal assistance from students

Salzburg News, SN.at, April 27, 2023, Reform calls for personal assistance from students

Burgenländische Volkszeitung, BVZ.at, 04/27/2023, Reform calls for personal assistance from students

Lower Austrian news, NOEN.at, April 27, 2023, Reform calls for personal assistance from students

ORF.at, 27.04.2023, Call for reform in personal assistance for students

Volksgruppen.ORF.at, 27.04.2023, Calls for reform in personal assistance to students

Vorarlberger Nachrichten, Vol.at, 04/27/2023, Reform calls for personal assistance from students

Salzburg News, SN.at, April 27, 2023, Reform calls for personal assistance from students