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Thursday, June 9, 2011
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Nature of the Case

Writ for protection of constitutional rights against the Mayor’s Office of Montería requesting the appointment of a sign language interpreter to enable students with hearing disabilities to continue their studies; Right to education; right to equality and non-discrimination; obligation to provide an inclusive educational system.

Enforcement of the Decision and Outcomes

The Constitutional Court issued decision T-051 to confirm the terms of decision T-974 regarding the state’s obligations related to inclusive education. Since this decision, Colombia became the 100th State to ratify the Convention on the Rights of Persons with Disabilities on 10 May 2011.   The decision was communicated to organizations and centers working with ESCR and to the civil society organizations focusing on disability rights involved in the case following a request by the Constitutional Court. The decision will be used by them moving forward in their litigation and political advocacy efforts. An update on enforcement will be added when available.

Significance of the Case

This case led to a review of public policy regarding inclusive education in Colombia. The Court found that the applicable regulations included requirements that, when implemented, had a disproportionate impact on persons with disabilities. Therefore, the Court ordered public authorities to adopt general measures aimed at correcting policies and designing effective mechanisms to ensure inclusive education for students with disabilities.