ACCESS OF CHILDREN WITH DISABILITIES TO SCHOOLS

PRESENTATION TO THE PORTFOLIO COMMITTEE ON PUBLIC

SERVICE AND ADMINISTRATION 19 February 2014

PRESENTATION OUTLINEInternational 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

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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 23 Children with Disabilities Article 28 Education

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

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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

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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

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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

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DWCPD INTERVENTIONS, PROGRESS AND IMPACT

MANDATE INTERVENTIONS/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.

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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

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National Disability Rights Policy

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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

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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

National Disability Rights Policy

Disability Disaggregation of

National Development Plan

DWCPD INTERVENTIONS AND IMPACT

MANDATE INTERVENTION/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

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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 CharterThe White Paper on Post School Education and TrainingScholar Transport Policy (in progress)Child-friendly Communities Initiative

In addition, the DWCPD participates in, among others theECD Implementation Plan and the review of the ECD programme DSD Disability Social Services Bill DevelopmentDept of Health Rehabilitation Policy ReviewDOC Disability and ICT Strategy and Implementation Plan

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DWCPD INTERVENTIONS AND IMPACTMANDATE INTERVENTION/ACTION PROGRESS/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

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DWCPD Interventions and impact

Recommendations contained in the draft Report on the Status of Learners with Disabilities in Special Schools

DWCPD responsibilitiesCoordinate 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

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DWCPD INTERVENTIONS AND IMPACT

MANDATE INTERVENTION/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)

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RECOMMENDATIONSFinalisation 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 budgetingStrengthening research into priority areas for disability

equity promotionPublication of thematic research

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Working together we can do more to

remove barriers and create

an inclusive and accessible

society for all.

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