A young man with an intellectual disability filed a protective action on amparo after the regular school he had attended and the Ministry of Education of the City of Buenos Aires refused to grant him a diploma certifying the completion of his secondary studies. The case focuses on the violation of the right to obtain an equal degree as an essential component of the right to inclusive education.
During the execution stage of the ruling, following the decision of the Court of Appeals to uphold the decision of the court of first instance, discussions arose as to how the diploma should be drafted, since the Ministry of Education of the City of Buenos Aires had drafted a diploma with specific wording reflecting the provisions under which it was issued (made after he had graduated), wording which was not contained in the diplomas awarded to his classmates. As a result, it was requested that a new diploma be issued without such references. On December 4, 2017, the Court of First Instance ruled that “it is clear that the petitioner’s diploma has not been issued in the same conditions as that of his fellow 2013 graduates,” noting that any mention that has the sole purpose of arbitrarily differentiating certain persons or circumstances constituted discrimination in the issuance of the diploma. Consequently, it ruled that the City Government issue a new diploma, in compliance with the request of the petitioning party.
In December 2017, R., C. A. received his high school diploma.
In this case, a first ruling was achieved that positions the right to an equal degree as a central element of the right to inclusive education, and that sets robust standards for understanding the scope of State obligations in this area. The wide public exposure it received and the judicial solution adopted were fundamental in making visible the barriers persons with disabilities face in exercising their right to education. In addition, it helped to promote regulatory reforms in terms of the evaluation and certification of students with disabilities who attend school with assistance and support.
