CRPD/C/23/D/41/2017

United Nations

Convention on the Rights
of Persons with Disabilities

Distr.: General
30 September 2020
English
Original: Spanish

Committee on the Rights of Persons with Disabilities

Views adopted by the Committee under article 5 of the
Optional Protocol, concerning communication
No. 41/2017*, **
Communication submitted by:

Rubén Calleja Loma and Alejandro Calleja
Lucas

Alleged victims:

Rubén Calleja Loma and Alejandro Calleja
Lucas

State party:

Spain

Date of communication:

2 May 2017 (initial submission)

Document references:

Decision taken pursuant to rule 70 of the
Committee’s rules of procedure, transmitted to
the State party on 28 August 2020 (not issued in
document form)

Date of adoption of Views:

28 August 2020

Subject matter:

Right to inclusive education for a child with
Down syndrome

Procedural issues:

Admissibility; non-substantiation of claims

Substantive issues:

Right to inclusive education; discrimination and
cruel, inhuman or degrading treatment or
punishment on the basis of disability; respect for
home and the family

Articles of the Convention:

7, 13, 15, 17, 23 and 24, read in conjunction with
article 4

Articles of the Optional Protocol:

1 and 2

1.
The authors of the communication are Rubén Calleja Loma and Alejandro Calleja
Lucas, nationals of Spain who were born, respectively, on 25 August 1999 and 25 October
1962. At the time of the submission of the present communication, Rubén was a minor and
was challenging the State party’s administrative decision to enrol him in a special education
centre on account of his Down syndrome. The authors claim that they are the victims of
violations by the State party of their rights under articles 7, 13, 15, 17, 23 and 24, read in
* Adopted by the Committee at its twenty-third session (17 August–4 September 2020).
** The following members of the Committee participated in the examination of the communication:
Ahmad Alsaif, Danlami Umaru Basharu, Monthian Buntan, Imed Eddine Chaker, Gertrude Oforiwa
Fefoame, Mara Cristina Gabrilli, Amalia Gamio Ríos, Ishikawa Jun, Samuel Njuguna Kabue, Kim Mi
Yeon, Lászlo Gábor Lovászy, Robert George Martin, Dmitry Rebrov, Jonas Ruskus, Markus Schefer
and Risnawati Utami.

GE.20-12764 (E)

301020 301020

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