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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