Fundación ProBono Colombia intervened in a lawsuit against certain regulations on education so that the education of people with disabilities in Colombia would be considered not as special, but as inclusive.

The initiative and initial demand was presented and built by Lucas Correa Montoya, an expert lawyer in human rights, but the document generated by the Foundation came about after lawyer Correa turned to the Foundation for support in strengthening the arguments of the demand.

To this end, the Foundation conducted a detailed review in two scenarios. On the one hand, the national spectrum was contemplated through the review of Constitutional Court decisions in specific cases that showed progress and actions that all organizations should have in the area of education. That is, we reviewed past experiences in relation to the issue of education for persons with disabilities that served as a model.

On the other hand, at the international level, we compiled the international treaties on human rights for people with disabilities, but we did not seek to find models, but rather tools and normative instruments that would shed light on how institutions in different countries should manage public policies on inclusive education.

After the national and international revision, the Foundation elaborated and presented a citizen intervention to the Constitutional Court, which issued sentence C-149/18 – M.P. in which, among other provisions, it supports the claims and recommendations given by the Foundation. The Foundation concluded that education for people with disabilities should not be understood as special education, even though it is included in each of the regulations demanded, but as inclusive education. In addition, public policies, in terms of education, should be oriented along the same lines.

It is necessary to emphasize that the previously established order is maintained, that is to say, it is not necessary to make changes in the form of the constitution, but it is necessary to clarify the need for the court to understand each and every law with this principle on education.

The Foundation thanks Correa for making us participants in this project and hopes to continue obtaining such satisfactory results. We always have the objective of supporting and leading this type of initiative, thinking of favouring access to justice for the most vulnerable.