Are Students with Disabilities Denied Rights? Ombudsman Questions Ministry on Student Councils

The Polish Commissioner for Human Rights is investigating whether current regulations improperly exclude students with moderate or severe intellectual disabilities from participating in student self-government.

Investigation Into Student Council Exclusions

The Commissioner for Human Rights is conducting an inquiry into the potential exclusion of students with disabilities from student self-government. The issue concerns regulations specifying the types of schools and facilities where student councils are not formed. The Ombudsman’s office has asked the Ministry of National Education whether amendments to the current regulation are planned.

According to the regulation issued by the Minister of National Education on July 26, 2008, exempted facilities include special schools for children and youth with moderate or severe intellectual disabilities, special school-educational centers, special educational centers, and rehabilitation-educational centers.

Concerns Over Potential Exclusion

A submission to the Ombudsman argued that the current regulations may violate the rights of individuals with disabilities by depriving them of representation and the ability to co-decide on matters affecting them. The Ombudsman’s office emphasizes that student self-government is an essential element of participation in school life.

The topic resurfaced during public consultations on amendments to the Educational Law, the school education system act, and certain other acts designated as UD222. The Children’s Rights Ombudsman and non-governmental organizations raised objections, arguing that the regulations restrict the rights of students with disabilities to representation.

Ministry Response and Future Outlook

In response to consultation comments, the Ministry explained that the exclusion of specific types of schools from the obligation to form student councils is regulated by ministerial decree rather than primary legislation, and noted that the legislative amendment was primarily linguistic and stylistic.

The Deputy Director of the Equal Treatment Team at the Ombudsman’s office has formally asked Alina Sarneckka, Director of the Inclusive Education Department at the Ministry, whether the department plans to amend the regulation and how it addresses the obligation to uphold the UN Convention on the Rights of Persons with Disabilities.