the second Chamber of the Supreme Court of Justice (SCJN) was determined on Wednesday that children with disabilities should be integrated into the educational system in schools» ordinary’, by which if a school rejects them because of their status shall be guilty of an act of discrimination.
When resolving the amparo 714/2017, Ministers spoke out regarding the constitutionality of articles 33 fraction IV bis and 41 of the General Law of education, as well as article 10 fractions IX and X of the General Law for the care and protection to people with the with condition of the autism spectrum, which refer to the «special education», and argued that the Mexican State cannot be conceived the existence of two educational systems, one regular and one for people with disabilities.
The exclusion of students with disabilities in the general education system is discriminatory and, therefore, unconstitutional: second room: https://t.co/JpkLBCCW09 – Supreme Court (@SCJN) October 4, 2018 this amparo, explained political Animal Clinic Director Legal action of the program University of human rights of the UNAM, María Fernanda Pinkus, benefits only 137 persons with disabilities that promoted it, so, if they deny them the right to attend a school «regular» because of his condition, the institutions would incur an «unconstitutional and discriminatory» Act.
Dr. Pinkus noted that the Court’s decision will allow these people «be included in regular schools, and determined that all the times that in the General Education Act and the Act for people with the condition of the autism spectrum is mentioned the concept» special education»must be a conforming interpretation of it, not as an educational system for people with disabilities, but as a tool so that they can be included in the regular».
We welcome the progress the criteria issued by the second Chamber of the @SCJN so that all children and adolescents with disabilities have access to the same educational system. #SupremaCorteInclusiva #DiscapacidadyDerechos https://t.co/vgt2ub2PuK pic.twitter.com/swHXZWuajW – La Clinica PUDH-UNAM (@ClinicaPUDH) October 4, 2018 without however, the specialist said that «the exercise of conforming interpretation leaves doubts about how it will to» operate the inclusion of persons with disabilities in the ordinary education system, because at present this is not intended to include human diversity».
For this reason, Pinkus considered that this is only a first precedent in the protection and guarantee of the right to education for persons with disabilities.
Maria Fernanda explained that the trial of amparo filed took three years to resolve; However, said that they have confidence that more people seek shelter so that judges can sit jurisprudence on the matter, which would be achieved once five given statements in favour of the complainants.
The resolution issued by the Supreme Court determined that policies and resources to formulate inclusive practices must prevail over those that tend to the separation of persons with disabilities, by what reasonable adjustments must be taken of training of teachers and classrooms adapted to the different needs of teachers and students.