CRPD/C/23/D/41/2017
conjunction with article 4, of the Convention. Rubén is represented by his father, Mr.
Calleja Lucas.1 The Optional Protocol to the Convention entered into force for the State
party on 3 May 2008.
A.
Summary of the information and arguments submitted by the parties
The facts as submitted by the authors
2.1
In September 2009, Rubén, then aged 10, entered grade 4 of compulsory primary
education at the mainstream public school Antonio González de Lama de León, where he
had been studying in the preceding years with the support of a special education assistant.
Up to that point, his integration with his classmates and teachers at the school had been
going well. However, from the outset of grade 4, Rubén’s teacher, X, engaged in conduct
that signalled rejection of him on account of his disability and subjected him to
discrimination, neglect and abuse. In witness statements delivered on 23 January 2012
before Administrative Court No. 1 of León, the mothers of two of Rubén’s classmates
testified that the teacher had gone so far as to grab Rubén by the neck and threaten to throw
him out of a window and had also threatened to hit him with a chair. The teacher told
Rubén’s parents that he was “anti-social and dangerous”, and they were advised to have
him transferred to a special education centre. Rubén was also physically assaulted by
teacher Y, who slapped him several times. Although Rubén’s parents reported these
incidents to the Provincial Director of Education, no investigation was undertaken.
2.2
On 1 December 2009, a psychoeducational report was drawn up; it stated that Rubén
had “attention deficit and disruptive behaviour disorder” and it even alluded to a form of
“oppositional defiant disorder”. In January 2010, the school asked the behavioural support
team to intervene and a social worker began to work periodically with Rubén at school and
provide educational guidance to his family and the teaching staff.
2.3
In September 2010, Rubén entered grade 5 of compulsory primary education with
teacher Z. From the beginning of term up until 28 October 2010, Rubén received no support
from the special education assistant, unlike in previous years, because teacher Z did not
consider it necessary. Only after his parents had submitted complaints about the matter was
Rubén allowed to have the support of his assistant. However, the teacher displayed a
negative attitude and was uncooperative towards the assistant. The authors also state that on
19 January 2011 another teacher engaged in conduct that signalled rejection of Rubén and
asked his father to have him transferred to a special education centre. The neglect and abuse
by teaching staff continued, yet the school’s management failed to take any measures to
resolve the situation, in spite of the complaints submitted by Rubén’s parents to the
Provincial Directorate of Education.
2.4
On 13 December 2010, social worker B wrote a socioeducational report regarding
Rubén, in which she stated that, according to Rubén’s parents, in grade 4 of primary school
Rubén began to exhibit signs of difficulty in adapting to the school environment because of
a poor relationship with his teacher. The social worker made a positive assessment of
Rubén’s state in the areas of sensory processing, motor skills, personal autonomy,
communication and specific skills. She concluded, upon analysis of the school environment,
that “taking into account the complications that have arisen in the dynamics of the student’s
relationships with his teachers, other professionals and other students in the school, it seems
reasonable for Rubén to transfer to another school (albeit one with similar characteristics
and resources). It is not necessary to study the case in any great depth to arrive at the
conclusion that, here, the child is accustomed to giving inappropriate responses; moreover,
it is very difficult to alter such a complex and deep-rooted dynamic. These two factors
make the situation practically irreversible and very harmful for both parties, although
fundamentally for the child, who is the most vulnerable party (firstly, because he is still
developing as a person and, secondly, because he is “handicapped” (deficiente)). 2 The
social worker indicated that the management teams should define a process for Rubén’s
1
2
2
Rubén provided a power of attorney that he had signed, authorizing his father to represent him.
The Committee stresses that the term “handicapped” (deficiente) is not in accordance with the
principles of the Convention, since it likens disability to a handicap (deficiencia), which it is not. The
Committee calls upon States parties, their agents and the general population to use the term “persons
with disabilities”.
GE.20-12764