According to (Articles 53 and 55 CoK ) the state has a responsibility to ensure that the youth (between the ages 18 and 35) have access to relevant education and training). When you want to get education, you have equal rights as others to attend school. This means that you have the right to free primary education as a child (until the age 18). Therefore, nobody is allowed to deny you access to education; teachers at school and care takers need to give support for a young person’s attendance at school.
While the primary education is free for children, you may have to pay for Secondary education and other forms of schooling. The Kenyan Government is obligated to ensure that the required costs don’t hinder your access to education. Schools are required to give equal chances to attend classes to all children and youth. This means that they are not allowed to deny anyone admission because of their epilepsy. However, when teachers feel someone needs extra assistance in their education, they may refer them to a special school.
When you are hindered in your day-to-day activities due to your epilepsy, you have the right to access educational institutions and facilities that are integrated into society with your interests (Article 54 CoK). This means that the Kenyan Government has a responsibility to provide you with the chance to attend a school where they can give you the right assistance during seizures, and also where you have the chance to get good education.
Let’s take a look at Evans who knows that he has the right to education:
Evans wants to go to school, but his father wants him to stay home because of his seizures.
Dad: Evans, you had better not go to school, you may get a seizure again. People will gossip about the wrongdoings of our family.
Evans: But I need to go to school to learn, otherwise I won’t pass the exams.
Dad: No! It would be an embarrassment if you get a seizure and everyone watches.
Evans: But it’s my right to go to school, and it’s my teachers’ duty to give me first aid when I get my seizure at school. I don’t think my epilepsy is an embarrassment, it’s not our choice and it’s not our wrongdoing, it can happen to anyone.
Dad: Yes, but it’s also your right to be protected from harm. It’s too much of a risk to you when you go to school while you can get a seizure. You’re not sure if people will assist you during the seizure.
Evans: We can speak with the teacher, and inform them how they can assist me during the seizure. I can go to school together with my friend Sam, if I get a seizure we know that he will help me.
Dad: Well, let’s see what the teacher has to say. Let’s consult them next week to find the best solution where we do not take too many risks.