Supreme Court recognises the right of people with intellectual disabilities to get adequate education in Spain

People with intellectual disabilities have the right to go to school with other children. Public schools should give support to children with intellectual disabilities. A court in Spain said that children with intellectual disabilities have the right to get support at school.

The sentence comes after a complaint by the parents of an autistic child against the regional government of Valencia for neglecting the educational needs of their son in a public school.

Our Spanish member FEAPS considers the Supreme Court’s ruling as a step forward in the struggle for good inclusive education in public schools. This sentence provides a legal framework to claim for improvements at regional a level. In Spain, regional governments are the competent authority on the implementation of educational laws.

The sentence acknowledges that the lack of educational support goes against the fundamental rights of these children. The right to education in the Spanish Constitution is reinforced by a legal provision establishing the removal of all barriers preventing citizens with disabilities to exercise their rights in an equal basis with others.

Social sectors in Spain that have recently been warning about the increasingly difficult situation of education of children with special needs due to budgetary cuts and lack of support services.

Education should be understood as a means to develop skills and abilities and a first step to achieve personal independence. Inclusive education allows people with disabilities to study with other children and feel part of society and children without disabilities to overcome prejudices regarding their peers with disabilities.

Inclusion Europe welcomes this sentence by the Spain’s Supreme Court, as it sets a legal precedent to claim for further improvements on the right to education of children with intellectual disabilities in Spain.