Year: 2011 (Date of Decision: 4 February, 2011)
Forum, Country: Constitutional Court; Colombia
Standards, Rights: Non-discrimination and equal protection of the law; Right to education; Persons with disabilities
Summary Background: Issue at stake in this case: whether the right to education was violated by denial of availability of a sign interpreter in College due to less than ten hearing impaired students in class. The complainant was a student with hearing disabilities who was adversely affected by the aforementioned denial.
Holding: Referencing elements of the UN and regional human rights law framework (including General Comment 5 by the Committee on Economic, Social and Cultural Rights, the Inter-American Convention of Elimination of all forms of Discrimination Against Person with Disabilities, article
In addition, the Court concluded that the law that decreed appointing sign language interpreters only in the case of minimum enrolment of hearing-impaired students was unconstitutional, as the mandated requirements were discriminatory and served to deepen the stigmatization and exclusion of students with hearing disabilities [para. V].
The Court required Monteria to make appropriate amendments to the budgets, planning, curricula and organization of its educational institutions to effectively realize the right to education for people with hearing disabilities [para. V]
Link to Full Case: http://www.corteconstitucional.gov.co/relatoria/2011/t-051-11.htm