Prepared by Galina Skorochod
Central European University
Legal Studies Department
Human Rights L.L.M student
April 6, 2007
Human Rights in Practice
OSI – Educational Support Programme
Contact person: Mrs. Gordana Miljevic
TOWARDS NON-DISCRIMINATION OF CHILDREN WITH INTELLECTUAL
DISABILITIES IN THE EDUCATIONAL SYSTEM, THEIR INTEGRATION AND
INCLUSION INTO MAINSTREAM SCHOOLS IN LITHUANIA
Photo available at www.tautinemokykla.lt
TABLE OF CONTENTS
1. Introduction…………………………………………………………………………….3
2. Legal framework……………………………………………………………………….4
3. Facts……………………………………………………………………………………7
4. Observations and findings……………………………………………………………...9
5. Issues to be considered………………………………………………………………..11
6. Recommendations…………………………………………………………………….13
7. Bibliography…………………………………………………………………………..15
8. Appendix 1……………………………………………………………………………16
2
1.
Introduction
Under the United Nations Convention on the Rights of the Child 1 and Law on the
Fundamentals of Protection of the Rights of the Child of the Republic of Lithuania,2
the children with disabilities, including children with intellectual disabilities, shall have
equal rights with other children to develop and acquire an education befitting their physical
and mental potential and desires and shall have the right to an education, which would
develop their general cultural knowledge, intellect, abilities, views, moral and social
responsibility, and would create conditions for development of their personality.
Although during the last few years the educational opportunities for children with intellectual
disabilities have been improving and number of children integrated into mainstream schools
has been increasing3, in 2005-2006 the number of children fully integrated into mainstream
schools decreased in comparison with the previous years and made up 9,6 % of the total
number of the pupils (in 2003-2004 and 2004-2005 it was 9,7 %).4 Moreover, the number of
disabled children living and being educated in special educational institutions is quite
substantive. Therefore, the equal access to education is still not fully warranted to children
with intellectual disabilities in Lithuania and their integration and inclusion into mainstream
schools is insufficient.
1
Adopted by General Assembly resolution 44/25 of 20 November 1989, G.A. res. 44/25, annex, 44 U.N. GAOR
Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2 1990, ratified by Lithuania on 1
March, 1992, Articles 23, 27, 28.
2
Parliamentary Record, 1996, No. I – 1234, as amended by 1999, No. VIII–1315; 2006, No. X-672,
available at http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=279424, last accessed April 5, 2007
(hereinafter referred to as Law no Fundamentals of Protection), Articles 28, 34.
3
Rights of People with Intellectual Disabilities: Access to Education and Employment, Summary Reports,
Lithuania, available at: http://www.eumap.org/topics/inteldis/reports (Last accessed April 3, 2007).
4
Lietuvos Respublikos vaiko teisių apsaugos kontrolieriaus 2006 metų veiklos ataskaita, (translation by the
author: Report on the Activities of the Controller for the Protection of the Rights of the Child of the Republic of
Lithuania), available at http://vaikams.lrs.lt/informaciniai2006/Ataskaita2006.doc, last accessed April 3, 2007.
3
The purpose of this paper is to address the lack of protection of right of the children with
intellectual disabilities to get secondary education (from age 6-7 to 18) on equal basis with
other children as well as problems of their integration and inclusion in the mainstream schools
and to recommend possible means for the improvement of the situation. Firstly, relevant
legislation, including both universal international instruments and national legal acts,
establishing the rights of children with intellectual disabilities and ensuring their
protection, will be overviewed. Secondly, statistical data considering integration of
children with intellectual disabilities into mainstream schools and the environment for
studying will be introduced. Furthermore, the paper will critically analyze the factors
which influence the current situation of unequal treatment of children with intellectual
disabilities and their insufficient social integration and inclusion. Finally, the possible
solutions of the problems will be presented.
2.
Legal framework
Lithuania is a Member State of the many international human rights conventions,
treaties, declarations, including those concerning protection of the rights of children
with intellectual disabilities. The most important are the following:
 United Nations Convention on the Rights of the Child (hereinafter referred to as CRC),
which points out that State Parties shall take all appropriate legislative, administrative,
social and educational measures to protect the child from all forms5 of physical or
mental violence, injury or abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of parents or legal guardians.
 Newly adopted United Nations Convention on the Rights of Persons with Disabilities
(December 13, 2006)6, signed by Minister of Social Security and Labour of behalf of
the Republic of Lithuania on March 30, 2007, which purpose is encouragement,
protection and security of the full and equal enjoyment of all human rights and
fundamental freedoms by persons with disabilities as well as promotion of respect of
the dignity of these persons. Under Article 7 it establishes rights of children with
disabilities, under Article 24 - the right of persons with disabilities to education.
5
Cit. op., 1.
Available at http://www.un.org/esa/socdev/enable/rights/ahcfinalrepe.htm, last accessed April 4, 2007
(hereinafter referred to as the Convention on the Rights of Persons with Disabilities).
6
4
 Treaty on European Union7 in Article 13 prohibits discrimination based on sex, racial
or ethnic origin, religion or belief, disability, age or sexual orientation (emphasis
added).
 Charter of Fundamental Rights of the European Union8 establishes accordingly rights
of the child and although the Charter is not binding, it is of significant importance in
respect of prohibition of discrimination of people, including persons with disabilities
(Article 21), ensuring the rights of child (Article 24.2) and recognition of right of
persons with disabilities to integration in the community (Article 26).
The essential national legal instruments are:
 The Constitution of the Republic of Lithuania, 9 according to which the Seimas
(Parliament) and the President define the state policy on children rights
protection and the Government ensures implementation of the policy. The
Ministry of Social Security and Labour as well as Ministry of Health are
responsible for managing the protection of rights of children with intellectual
disabilities. Moreover, under paragraph 2 of the Article 38 of the Constitution there
is obligation of state to protect family, motherhood, paternity and childhood.
 Law on the Fundamentals of Protection of the Rights of the Child of the
Republic of Lithuania 10 , which in order to implement CRC establishes the
fundamental rights and freedoms of the child, including children with
intellectual disabilities right to education (Chapters IV-V), and guarantees their
protection.
 Law on Education of the Republic of Lithuania 11 in Article 15 is declaring main
principles of special education, in Article 22 is defining special-pedagogical
assistance and special assistance and in Article 34 is establishing accessibility
of education to people with special needs.
7
OJ 1992, C 224, 1, available at http://europa.eu.int/eur-lex/en/treaties/dat/C_2002325EN.003301.html, last
accessed April 6, 2007 (hereinafter referred to as EC Treaty).
8
OJ 2000, C 364, 01, Available online http://www.europarl.europa.eu/charter/pdf/text_en.pdf, last accessed
March 30, 2007).
9
Adopted by citizens of the Republic of Lithuania in the Referendum of 25 October 1992, No. I-1390, as
amended by 2006, No. X-572, available at http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=275302,
last accessed April 5, 2007, (hereinafter referred to as the Constitution).
10
Cit. op., 2.
11
Parliamentary Record, 1991, No. I-1489, as amended by 1998, No. VIII–854; 2006, No. X-689,
available at http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=281043, last accessed April 5, 2007.
5
 Law on Special Education of the Republic of Lithuania 12, which establishes the
structure of the system of special education as well as administration and
management of, inter alia, general education of persons with special needs
(Article 12), and its’ forms that include full integration, partial integration,
education at institution of Special Education and education at home (Article
16), and indicates as purpose of Special Education institutions education of
persons with severe and profound Special Educational needs.
 Law on the Social Integration of the Disabled of the Republic of Lithuania
13
provides a systemic approach to meeting the special needs by using special
assistance measures, which are, inter alia, the measures aimed at meeting the
special need and ensure equal opportunities for the disabled for education.
 Law on Equal Opportunities of the Republic of Lithuania,14 adopted on November
18, 2003, prohibits any direct or indirect discrimination based upon age, sexual
orientation, disability, racial or ethnic origin, religion or beliefs.
 Law on the Controller for the Protection of the Rights of the Child of the Republic of
Lithuania 15 of May 25, 2000 ensures realization of the principles set forth in the CRC
and other legal acts related to the protection of the rights of the child, as well as
control the observance of these principles in Lithuania, control activities of state,
municipalities, non-governmental institutions and organizations, and private persons
that could violate the rights and rightful interests of the child.
12
Parliamentary Record, 1998, No. VIII-969, available at
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=93743, last accessed April 5, 2007.
13
Parliamentary Record, 1991, No. I-2044, as amended by 2005, No. X-373, available at
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=24732 (old edition),
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=264550&p_query=&p_tr2= (new edition), last
accessed April 5, 2007.
14
Parliamentary Record, 2003, No. IX-1826, available at
http://www3.lrs.lt/pls/inter2/dokpaieska.showdoc_l?p_id=245120, last accessed April 6, 2007.
15
Parliamentary record, 2000, VIII-1708, as amended by 2005, No. X-443, available
http://www3.lrs.lt/pls/inter2/dokpaieska.showdoc_l?p_id=268026, last accessed April 6, 2007.
6
at
3.
Facts
The United Nations Committee on the Rights of the Child (CRC) in its concluding
observations on the II Report of the Republic of Lithuania on implementation of the CRC
criticised Lithuania for the lack of protection of the children rights in different spheres and for
non-relevant financial support of the services provided to the children.16 Committee expressed
its concern that non-discrimination principle is not completely implemented, inter alia, in
respect of the disabled children, especially in regard of their right to get appropriate education.
According to Committee, lots of the children with disabilities are facing
institutionalism, shame, segregation and discrimination.
According to the data provided by the administrations of municipalities, in 2005-2006 there
were 15667 children with disabilities in Lithuania (2,7 % of all Lithuanian children). In 20052006 in mainstream schools were studying 51,1 thousands of children with disabilities, 6 % of
which were children with intellectual disabilities.17 However, 317 children with disabilities do
not attend schools and do not study.
16
According to the Report on the Activities of the Controller for the Protection of the Rights of the Child of the
Republic of Lithuania (translation by the author), Lietuvos Respublikos vaiko teisių apsaugos kontrolieriaus
2006 metų veiklos ataskaita, available at http://vaikams.lrs.lt/informaciniai2006/Ataskaita2006.doc, last accessed
April 3, 2007.
17
Data publicized by the Department of Statistics under the Government of the Republic of Lithuania as stated in
Report on the Activities of the Controller for the Protection of the Rights of the Child of the Republic of
Lithuania, Cit. op., 4.
7
Department of Statistics of the Republic of Lithuania announced that in the beginning of the
2005–2006 school year in special education institutions (special (boarding) schools and
educational centres) were studying 4968 pupils (under 21 years of age), 3119 of which were
children with disabilities that made 66 % of all pupils. Special schools for children with
intellectual disabilities were educating 3700 children or 71 % of the total number of the pupils
of the special schools. There were studying 2000 children with intellectual disabilities that
made 64 % of all disabled children, studying in the special education institutions. Of all
children studying in special education institutions 35,7 % of children had mild level of
intellectual disability (51 % of total with intellectual disability), 24,4 % had moderate level of
intellectual disability (35 % of total with intellectual disability), 6,2 had severe level of
intellectual disability (9 % of total with intellectual disability), 3,1 % had profound level of
intellectual disability (5 % of total with intellectual disability).18
In 2005-2006 in the mainstream schools 265 teachers assistants were assisting about 1076
children, however, the real demand for teachers assistants was 380.
Since Lithuania is moving forward in implementing National Programme on Social Inclusion
of Persons with Disabilities 2003 - 201219, the following comments on access to education of
children with intellectual disabilities in Lithuania are aimed to be of use in the implementation
of it in order to diminish discrimination of the children with intellectual disabilities and
encourage process of their social integration and inclusion.
18
Ibid., see also Appendix 1.
Translation by the author, 2002 m. birželio 7 d. Lietuvos Respublikos Vyriausybes nutarimo Nr. 850 2006
liepos 3 d. pakeitimu Nr. 633 patvirtinta Nacionalinės žmonių su negalia socialinės integracijos 2003–2012 metų
programos
nauja
redakcija,
2006,
No.
57-2335,
available
at
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=279741, last accessed April 4, 2007.
19
8
4.
Observations and findings
According to Article 4 of the Law on Equal Opportunities, educational institutions must
ensure equal conditions for persons regardless of their age, sexual orientation, disability,
racial or ethnic origin, religion or beliefs (emphasis added) when admitting, inter alia, to
schools of general education. This Law establishes the definitions of the direct and indirect
discrimination as follows:

Direct discrimination shall be taken to occur when on the basis of a person’s age, sexual
orientation, disability, racial or ethnic origin, religion or beliefs, one person is treated less
favorably than another is, has been or would be treated in an comparable situation, except
for the cases provided for by the laws;

Indirect discrimination shall be taken to occur where an action or inaction, legal norm or
value criterion, visibly neutral provision or practice, which are formally equal, however in
implementing or adapting them, an actual restriction of the use of rights or the providing of
privileges, priority or advantage for persons of a certain age, certain sexual orientation,
disability, racial or ethnic origin, religion or beliefs can, do, or might emerge.20
The Lithuanian Government has acknowledged the problems faced by persons with
disabilities in Lithuania, including children with intellectual disabilities, by adopting the
National Programme on Social Inclusion of Persons with Disabilities of 2003 – 2012,21 which
states (Chapter III, paragraph 21) that persons with disabilities are not fully integrated into
Lithuanian society. Moreover, their integration is slowed down because of the nonsatisfaction of special needs appeared as the result of disability, absence of the adapted
environment of the educational institutions, and, in particular concerning children with
intellectual disabilities, as a result of the lack of the adapted educational programmes in the
mainstream schools, non-provision of special measures, services, technical support and
assistance of the specialists.22
20
Cit. op., 14, Article 2.
Cit. op., 19 (hereinafter referred to as the Programme).
22
Ibid., Chapter III, paragraph 22.12.
21
9
Furthermore, there is the lack of statistical data on children with disabilities, especially
disaggregated
data
on
children
with
intellectual
disabilities.
Therefore,
various
intergovernmental monitoring bodies are stressing the importance of gathering disaggregated
data on vulnerable groups such as children with intellectual disabilities. For instance, the
United Nations Committee on the Rights of the Child, in its Concluding Observations on
Lithuania23, expressed concern about the fact that the principle of non-discrimination is not
being fully implemented for children with disabilities in particular with regard to their access
to adequate educational facilities. The Committee recommended that Lithuanian authorities
“collect disaggregated data and other information in order to identify discrimination against
children, in particular those belonging to the above-mentioned vulnerable groups, with a view
to developing comprehensive strategies aimed at ending all forms of discrimination”.
Because of the above mentioned reasons, children with intellectual disabilities have to attend
special educational institutions instead of being integrated into mainstream schools. Moreover,
the qualification of a significant number of pedagogues in the special institutions is not
satisfactory. Therefore, it can be concluded that the education of the children with intellectual
disabilities in the special educational institutions’ is of the lower level in comparison to the
one accessed by children in the mainstream schools. Summing up, there is discrimination in
the educational system towards children with intellectual disabilities as well as lack of their
integration and inclusion into mainstream schools, and these problems should be strongly
addressed by the competent institutions.
23
Concluding Observations of the Committee on the Rights of the Child: Lithuania, U.N. Doc.
CRC/C/15/Add.146 (2001), available at http://www1.umn.edu/humanrts/crc/lithuania2001.html, last accessed
April 5, 2007.
10
5.
Issues to be considered
1. In Lithuania, children with intellectual disabilities are not integrated in the mainstream
schools yet. Some of the reasons are: the lack of teachers with the necessary
qualifications to assist with their integration, lack of assistants’ teachers, lack of
special educational premises, lack of transportation services and because educational
institutions were not adapted to the needs of the children with intellectual disabilities.
2. According to statistics, in 2005-2006 qualification of 81 pedagogues working in
special educational institutions did not satisfy the established requirements and in
general their level of professional preparation is insufficient.24 Moreover, pedagogues
specializing in particular subject in the mainstream schools were not ready (did not
have necessary competence) to work with children with disabilities. Furthermore,
pedagogues themselves emphasised that the most serious problems arise within the
process of integrative education of children with intellectual disabilities.25
3. There is consistent lack of positive attitude towards children with intellectual
disabilities within society, including pedagogues in mainstream schools, other
children and their parents.26
4. Since children with intellectual disabilities do not have access to quality education and
fully adapted to their needs vocational training courses, they cannot get access to
employment and majority of them after age of 18 are dependant on State benefits.
Therefore, annually the state spends a fair amount to support people with intellectual
disabilities while there are many other areas which require state’s financial support.
24
Cit. op., 17.
Problems of Integration of children with special needs. Report to the Ministry of Education and Science
(translation by the author). Specialiųjų poreikių vaikų integravimo problemos. Ataskaita Švietimo ir mokslo
ministerijai, 2003.
26
Ibid, for more on the lack of positive attitude of the pedagogues see also Report on Research “Evaluation of
the professional competence of pedagogues in the aspect (of development of education) of children with special
needs” on request of the Ministry of Education and Science. Siauliai University Scientific Centre of Special
Education (translation by the author). Švietimo ir mokslo ministerijos užsakymu atlikto tyrimo “Pedagogų
profesinės kompetencijos vertinimas specialiųjų poreikių vaikų (ugdymo plėtros) aspektu“ ataskaita. Šiaulių
universiteto Specialiojo ugdymo mokslinis centras, 2004.
25
11
5. Although the number of children with intellectual disabilities being educated in
special schools for children with intellectual disabilities is decreasing (for example, in
2004 there were 57 % pupils, in 2005 – 47 %), it is still high enough, even though
most of children studying in these schools – 86 % of all children with intellectual
disabilities having mild and moderate levels of intellectual disabilities – could be
successfully integrated and educated in the mainstream schools.
6. There are barriers to the inclusive education of children with intellectual disabilities:
financial system which does not promote the inclusion, existing traditions of
supporting segregated institutions, lack of organizational resources for inclusive
education inside the mainstream schools, overloaded classes, etc.27
7. There is the current lack of disaggregated data on the situation of children with
intellectual disabilities within the total number of children with mental disorders
which need to be redressed in order to implement the Programme on effective policy
measures diminishing the social exclusion of children with intellectual disabilities.
27
Cit. op., 25.
12
6.
Recommendations
1. The cooperation between municipal institutions, children with intellectual
disabilities foster institutions, special schools and special education centres and
parents should be encouraged in order to ensure access of children with
intellectual disabilities to education on the non-discriminatory basis and their
integration into mainstream schools and society.
2. The integration and inclusion of children with intellectual disabilities should
start from assuring and providing for their access to pre-school education. This
measure would also contribute to building more positive attitude of other
children and their parents towards children with intellectual disabilities.
3. In order to guarantee consistent social integration and inclusion of children with
intellectual disabilities, there must be ensured their access to quality education
meeting their needs and maximum possible inclusion into mainstream schools.
Thus, children with intellectual disabilities would become capable to acquire
professional qualifications and, consequently, access to employment. Moreover,
all children studying together learn to live together. Furthermore, through the
process of inclusive education the teacher also learns to appreciate differences
of the people, becomes more democratic, learns to individualize education,
acquires cooperation skills, and avoids monotony. 28
4.
Programmes, considering education of the public, including pedagogical staff, parents
of children with intellectual disabilities and non-disabled children and children by
themselves on the issues of the necessity of social integration of children with
intellectual disabilities and their inclusion into mainstream schools, and also
programmes of the raising of the tolerance and the positive approach of the society
towards persons (children) with intellectual disabilities should be pursued.
28
Ibid.
13
5. There should be organized in-service courses for the teachers working with
children with intellectual disabilities in order to improve their qualification and
learn about new methods for the work with children with intellectual disabilities at
schools.
6. There should be ensured the right of children with intellectual disabilities to
special support, i.e. the number of the teachers’ assistants should be increased
to meet the demands.
7. In order to implement the Convention on the Rights of Persons with Disabilities in
Lithuania, within the reasonable period of time must be prepared relevant
legislation, which will ensure that children with disabilities, including children with
intellectual disabilities, are not excluded from inclusive, quality, free and compulsory
primary education, or from secondary education, on the basis of disability and that
they could receive the support required, within the general education system, to
facilitate their effective education as well as effective individualized support measures
that will maximize academic and social development, consistent with the goal of full
inclusion. Signing this Convention obliges Lithuania to take appropriate measures to
employ teachers, including teachers with disabilities, and to train professionals and
staff who work at all levels of education. Such training shall incorporate disability
awareness and the use of appropriate augmentative and alternative modes, means and
formats of communication, educational techniques and materials to support persons
with disabilities.29
29
Cit. op., , Article 24.
14
BIBLIOGRAPHY
1) Rights of People with Intellectual Disabilities: Access to Education and Employment,
Summary Reports, Lithuania, available at: http://www.eumap.org/topics/inteldis/reports, last
accessed April 4, 2007.
2) Lietuvos Respublikos vaiko teisių apsaugos kontrolieriaus 2006 metų veiklos ataskaita
(translation by the author: Report on the Activities of the Controller for the Protection of the
Rights
of
the
Child
of
the
Republic
of
Lithuania),
available
at
http://vaikams.lrs.lt/informaciniai2006/Ataskaita2006.doc, last accessed April 3, 2007.
3) Concluding Observations of the Committee on the Rights of the Child: Lithuania, U.N.
Doc. CRC/C/15/Add.146 (2001), available at http://www1.umn.edu/humanrts/crc/lithuania2001.html,
last accessed April 5, 2007.
4) Specialiųjų poreikių vaikų integravimo problemos. Ataskaita Švietimo ir mokslo
ministerijai (translation by the author: Problems of Integration of children with special needs.
Report to the Ministry of Education and Science), 2003.
WebPages
1) http://www.smm.lt, http://www.smm.lt/svietimo_bukle/tyrimai.htm
2) http://www.sppc.lt
3) http://vaikams.lrs.lt
4) www.viltis.lt
15
APPENDIX 1
STATISTICS ON INTEGRATION OF CHILDREN WITH DISABILITIES IN 200530
Table 1. Special (boarding) schools, special educating centres and pupils with special needs
In the beginning of the school year
2002–2003
2003–2004 2004–2005 2005–2006
Number of the special (boarding) schools and educating centres
67
67
63
61
Number of pupils studying there
5990
5877
5600
5193
From which having following disabilities:
hearing
544
549
521
527
speaking
335
322
308
319
vision
327
307
129
292
intellectual
4487
4409
4378
3667
physical and mobility
297
290
264
388
Number of pupils living in the special (boarding) schools and
educating centres
3551
3515
3214
2438
Table 2. Pupils with special needs integrated into mainstream schools classes (full integration)
In the beginning of the school year
2002–
2003–
2004–
2003
2004
2005
Total number of integrated pupils
49989
54240
51970
From which having following disabilities:
hearing
437
414
414
speaking and communication
29464
29377
26520
vision
808
501
766
intellectual
7095
3834
3110
physical and mobility
989
1213
1516
specific cognition
11196
7286
7190
emotions, behaviour and social development
...
901
725
inveterate somatic and neurological
...
3501
3281
complex
...
4318
4747
other development impairments
...
2895
3701
30
2005–2006
51103
574
24681
674
3209
1706
7108
886
3051
5113
4101
Report of the Department of Statistics to the Government of the Republic of Lithuania of July 28, 2006,
“Social integration of the disabled in 2005” (translation by the author). Statistikos departamento prie Lietuvos
Respublikos Vyriausybės 2006 m. liepos 28 d. pranešimas "Neįgaliųjų socialinė integracija 2005 m.", available
at http://www.ndt.lt/files/File/statistika/statistika_2005.doc, last accessed April 5, 2007.
16