Complaint by MDAC alleged a violation of the right to education of children living in homes for children with intellectual disabilities. This case includes a range of issues, including, provision of education based on availability, accessibility, acceptability and adaptability, and State obligation to progressively realize rights.
Following MDAC, Bulgaria passed Regulation No 1/2009 for the Education of Children and Pupils with Special Education Needs and/or Chronic Diseases. This provided education in mainstream schools and trained resource teachers. However, MDAC has stated in a 2010 report that the only real educational option for institutionalized children with intellectual disabilities was schooling within the institution. Citing an imprecise enrollment system and outdated teaching programs, organizations have emphasized that these children remained deprived of the right to mainstream education in 2011.
In January 2012, Bulgaria ratified the Convention on the Rights of Persons with Disabilities, though not its Optional Protocol. In 2014, Bulgaria stated it was working toward a goal of greater social inclusion, including deinstitutionalization of children with disabilities and integrated education, and that it has created both a biennial plan to implement the Convention on the Rights of Persons with Disabilities, and a unified management system to ensure greater integration of persons with disabilities.
The decision recognized that legislation or policies alone are insufficient. The Committee reiterated the international obligations related to the fulfillment of economic, social and cultural rights, which require States to take measures within a reasonable timeframe, show measureable progress and ensure financing consistent with the maximum use of available resources. Importantly, the Committee also reaffirmed that financial constraints cannot be used to justify the fact that children with intellectual disabilities in HMDCs do not have access to education. Further, this case demonstrated that the right to education in the context of children with intellectual disabilities requires inclusion within the mainstream educational system.
(Updated July 2015)
Mental Disability Advocacy Centre (MDAC)