IHC complaint to Human Rights Commission

What’s New with IHC’s education complaint to the Human Rights Commission


December 2009

As you already know, on 31 July 2008 IHC lodged a complaint to the Human Rights Commission about Government practices which result in discrimination for children with an intellectual disability in their local school.

The Human Rights Commission has formally notified the Ministry of Education of the complaint and this means the formal complaints process is underway.

Within the last 6 weeks Crown Law has made an initial response to the complaint and we will be meeting with them and the Human Rights Commission in late January 2010 to discuss the parameters within which mediation can take place. IHC’s complaint alleges that the discrimination experienced by disabled children occurs as a result of a mix of factors including education law, policies adopted by the Ministry of Education, practices both at the Ministry and at individual school level and the omission to take coordinating steps to achieve acceptable outcomes for all school students, regardless of disability.

In the interim IHC welcomes the Ministry’s active role in resolving individual difficulties. In addition they have established a complaint register and have developed new information on the rights and responsibilities of parents and schools. Parents and caregivers should contact Nicholas Pole, Deputy Secretary, Special Education directly about any difficulties experienced at the local school or being unable to access resources to meet their child’s needs.

Nicholas Pole
Deputy Secretary Special Education
Ministry of Education

Review of Special Education

IHC has invited many other disability organisations to discuss a co-ordinated approach to submitting responses to the Government’s review of Special Education. The Review Consultation papers are expected to be released soon. Please encourage your local school and other organisations to make submissions to this important review.

Add your story to strengthen our complaint

There is still time for you to get involved. If you have a story to tell regarding the exclusionary issues within the mainstream education for children with an intellectual disability, please contact IHC.

You can now complete your affidavit in your own time by downloading the affidavit template from the Advocacy website.

For more information about participating, or for assistance with developing written accounts of your experiences, please contact:

Laura O’ Donovan
IHC Advocate
PO Box 4155
Wellington
Tel: (04) 439 4782
laura.o’donovan@ihc.org.nz

What you can do to support IHC’s Strategy for Inclusive Education

1. Writing a letter of support for IHC’s complaint (updates available) and strategy for Inclusive Education to your local or national media outlets will encourage the discussion in New Zealand.
2. Support, reference and promote IHC’s Hot Issues articles regarding inclusive education, the current special education review and other policy issues relating to education.
3. Take the Learning Better Together resources (research and DVD’s) to local schools and community groups. These resources emphasise how inclusive education can work and how it works.
4. Promote the Learning Better Together resources which are free and available from IHC (www.ihc.org.nz and from Larna Mills on (04) 471 5732).
5. Make an appointment to meet with the principal and/or Board of Trustees and ask how this school demonstrates inclusion and if they would be willing to pilot an inclusive school (IHC can help).
6. Ensure that Inclusive Education has a regular slot in school and community meetings- discuss IHC research and best practice DVD’s, the IHC Education complaint and the new Global Report Better Education For All – When we are Included too, which quotes New Zealand & IHC (http://www.inclusion-international.org/en/news/111.html).
7. Encourage parents to discuss inclusive education and how they would promote this global strategy in their school and community.
8. Make an appointment with electorate MP to hand over research and question re party policy.
9. Write letters of support for IHC’s Education complaint and the Inclusive Education strategy to your local MP.
10. Join the Inclusive Education Action Group at www.ieag.org.nz

A sample letter to editor/MP/representative supporting IHC’s complaint and the inclusive education strategy could include the following;

• Discrimination is being experienced by children with a disability and it should not be happening.
• Reference to Articles 2 (non-discrimination), 23 (rights of children with a disability) and 28 & 29 (right to education) in the United Nations Convention on the Rights of the Child (UNCROC);

Disabled children have a right to education, and schools have a responsibility to educate all children. However the priority needs of disabled children are not special, they are basic.
• Inclusive education will improve the education system (structures, systems and methodologies) for students of all abilities, not just children with a disability.
• Make link between inclusive school settings and inclusive communities that welcome minority groups and celebrate diversity.

We hope that you will join us to address what has become a serious human rights issue for one of the most vulnerable groups in New Zealand.

Yours sincerely

Trish Grant
Director of Advocacy