Mexico did not take measures for the access of a woman with disabilities to higher education

In 2014, a woman with intellectual disabilities applied for a Bachelor of Visual Arts at the Centro Morelense de las Artes, in the Mexican state of Morelos, but was not admitted because the exam and admission process were designed and conducted to candidates without disabilities.

The woman’s disability, identified as SMGV, is the product of brain damage caused by difficulty breathing and crying at the time of birth. Before the age of six, she was diagnosed with a motor, perceptual and language development disability, which interfered with her learning processes.

SMGV studied in regular private schools and satisfactorily completed his primary and secondary studies to obtain a certificate of professional technical studies in fashion design with an average grade of 7.5 out of 10.

He UN Committee on the Rights of Persons with Disabilities determined this Friday that Mexico did not adopt the necessary legislative and administrative measures, nor the required policies “in terms of reasonable adjustments and training of professionals in higher education centers”, to guarantee that the woman in question had access to an inclusive tertiary education.

It is not an isolated case

Likewise, it maintained that the case is not isolated and that highlights the structural challenges faced by people with intellectual disabilities in Mexico.

In its Opinion, the Committee stated that it had analyzed the complaint filed by SMGV, which alleged discrimination as necessary and appropriate accommodations were not provided to allow you to test on an equal footing with non-disabled applicants.

The Committee explained that although admission to a bachelor’s degree is contingent on candidates having the necessary knowledge and skills to enter tertiary education, the admission procedures must take into account the specific requirements of candidates with disabilities.

Marcus Schefer, one of the members of the Committee, explained that it is not a question of lowering admission standards, “but of introducing modifications and adequate adjustments in the evaluation of the applications of persons with disabilities during said process”.

SMGV sued the Morelense Center for the Arts and various authorities, including the governor and the Secretary of Education of the State of Morelos, arguing that the authorities did not implement measures and public policies to promote the inclusion of people with disabilities and guarantee their access to education. through inclusive programs.

The affected woman filed the first lawsuit after the rector of the Morelense center informed her that there was no budget to admit people with intellectual disabilities and that the study plans were not designed for people with disabilities.

Mexican courts dismissed the lawsuits

The claims were dismissed by the Mexican courts, so SMGV brought his case before the Committee, alleging that Mexico had violated its rights under the Convention on the Rights of Persons with Disabilities.

The Committee based its considerations on the information provided by the plaintiff and on the State party’s response and concluded that, at a general level, Mexico “did not guarantee the accessibility of the Bachelor of Visual Arts at the Centro Morelense de las Artes, including the accessibility of admission exams, information and communication tools, study plans, educational materials, teaching methods, and assessment and support services”.

In addition, he considered that the Morelense Center for the Arts should have spoken with SMGV to determine what reasonable accommodations were necessary so that he could participate in the admission tests common to all candidates, such as granting him extra time and providing him with the support of a specialized professional.

On the other hand, the Committee pointed out that Mexico did not protect the student from stereotypes and prejudices related to their disability in the field of education and recalled that the States Parties to the Convention must guarantee that the right of persons with disabilities to education is fulfilled through an inclusive educational system at all levels and for all students without discrimination.

Finally, the Committee recommended that Mexico provide SMGV with an effective remedy and guarantee their rights to tertiary education by ensuring the accessibility of the admission process in an educational institution of their choice and establishing complaint mechanisms for cases of violation of the right to education.