scholarly journals Analysis of Barriers to Inclusive Schools in Germany: Why Special Education Is Necessary and Not Evil

2020 ◽  
Vol 10 (12) ◽  
pp. 358
Author(s):  
Bernd Ahrbeck ◽  
Marion Felder

Over the past decade, ever since the ratification of the United Nations Convention on the Rights of People with Disabilities (UN-CRPD) in Germany, a morally charged debate has taken place about inclusive and special education. Special schools are under considerable attack and even special education is deemed responsible for the difficulties in implementing full inclusion in schools. The gravest accusation is that special education and special schools are even today a close connection to the Nazi era between 1933 and 1945, when children with disabilities were sterilized and murdered. Special education is seen as a symbol and guarantor of separation and exclusion and therefore incompatible with the idea of inclusion. This article will outline and analyze this claim and present other more compelling reasons why full inclusion has been difficult to implement in Germany. Following the analysis, we will describe a possible way forward for inclusion and special education.

Author(s):  
Caroline Fleay

Throughout the past forty years various leaders from both major political parties in Australia have categorized the arrival by boat of people seeking asylum as a “crisis” and the people themselves as “illegal.” This is despite Australia being a signatory to the United Nations Convention Relating to the Status of Refugees, and receiving relatively few people who seek asylum compared with many other countries. Punitive government policies and processes have further reinforced these representations, such that “crisis” and “illegal” can now be understood as both categories of analysis and practice. The repeated use of such categories may be helping to produce and reproduce prejudice and racism and obscure the needs and experiences of people seeking asylum.


2021 ◽  
Vol 11 (6) ◽  
pp. 304
Author(s):  
Garry Hornby

The main goal of both special education and inclusive education for young people with learning or behavioral difficulties is their maximum inclusion in the community as adults. The question of which of these two approaches is more likely to achieve this goal is addressed by considering the findings of three outcome studies of young people with moderate to severe levels of learning or behavioral difficulties who experienced either option, or some combination of the two. The overall findings indicate that students who left school from a special education setting had better outcomes than those who completed their education in mainstream schools. This is considered to be due to the vocational curriculum and work experience they gained in their final years of special education, which those in mainstream schools did not receive. This suggests that a policy of full inclusion, with the closure of special classes and special schools, will result in less inclusion in their communities post-school for young people with moderate to severe levels of learning or behavioral difficulties.


Author(s):  
Bantekas Ilias

This chapter examines Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The first instrument to specifically address the rights of children with disabilities was the 1989 Convention on the Rights of the Child (CRC).The CRC recognizes four key guiding principles that permeate our understanding and construction of all pertinent rights related to children. These principles are: a) the best interests of the child (Article 3 CRC); b) respect for the views of the child (Article 12 CRC); c) the right to life, survival, and development (Article 6 CRC); and d) non-discrimination (Article 2 CRC). The CRC was also the first instrument specifically to address the rights of children with disabilities, particularly in Article 2(1) (non-discrimination) and Article 23 (general welfare for disabled children). However, Article 7 CRPD and other children-related rights in the CRPD (eg Article 23) constitute a significant improvement to Article 23 CRC.


2019 ◽  
Vol 29 (Supplement_4) ◽  
Author(s):  
M Cuenot ◽  
W Sherlaw

Abstract The ParticipaTIC Erasmus+ project led by the EHESP School of Public Health in partnership with disability organizations and associations from France, Belgium, Switzerland, and Romania has co-designed an accessible digital platform. In line with the 2010-2020 European strategy and the United Nations Convention on the rights of disabled persons we aim to strengthen the competences of the leaders of disabled persons’ organizations to defend the rights of disabled people, and to develop participation. ParticipaTIC offers 4 modules on ‘What is disability?’, ‘Competencies for disability organization leaders’, ‘the United Nations Convention’ and ‘How to carry out a local accessibility analysis’. Different contrasts, font size, speech synthesis, captioned videos and content summaries in ‘Easy to read and understand’ French are available together with a cloned platform in Romanian and English. Two guides have also been produced on 1) on-line accessibility and 2) co-constructing an on-line accessible platform. Beyond the deliverables, adapting on-line instruction to the different capacities of people with disabilities raises many issues. New competencies for accessible design are needed. Tradeoffs between content, pedagogical style and accessibility seem inevitable. On-line activities need adaptations but these may be complex and costly. Taken-for-granted assumptions about what is attractive, and well-designed are called into question when designing for people with visual, auditory, and intellectual impairments. Lessons from ParticipaTIC are remarkably similar to those of participatory thinking design: advance in small steps, evaluating successive design phases with people with disabilities for fitness of purpose. Ultimately trainers need to redesign themselves to take into account unsuspected worlds, those of our fellow citizens with different capacities. Important lessons beyond the world of on-line instruction for the building of a truly inclusive society have emerged.


2014 ◽  
Vol 10 (1) ◽  
pp. 81-104 ◽  
Author(s):  
Eilionoir Flynn ◽  
Anna Arstein-Kerslake

AbstractThis paper examines the regulation of ‘personhood’ through the granting or denying of legal capacity. It explores the development of the concept of personhood through the lens of moral and political philosophy. It highlights the problem of upholding cognition as a prerequisite for personhood or the granting of legal capacity because it results in the exclusion of people with cognitive disabilities (intellectual, psycho-social, mental disabilities, and others). The United Nations Convention on the Rights of Persons with Disabilities (CRPD) challenges this notion by guaranteeing respect for the right to legal capacity for people with disabilities on an equal basis with others and in all areas of life (Article 12). The paper uses the CRPD to argue for a conception of personhood that is divorced from cognition and a corresponding recognition of legal capacity as a universal attribute that all persons possess. Finally, a support model for the exercise of legal capacity is proposed as a possible alternative to the existing models of substituted decision-making that deny legal capacity and impose outside decision-makers.


2015 ◽  
Vol 4 (3) ◽  
pp. 103
Author(s):  
Russell Whiting ◽  
Sándor Gurbai

This article considers spiritual rights in relation to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It notes that unlike in other legally binding UN treaties spiritual rights is not a term covered in this convention. The purpose of the article is to explore how that exclusion happened, what it means, what lies behind it and also to suggest one way of considering how the convention might have been enriched by explicitly including spiritual rights. Firstly, the article discusses the use of the term spiritual rights. It goes on to analyse how spiritual rights are recognized in some UN treaties and not others. The article then examines the travaux préparatoires of the convention and studies how spiritual rights were excluded after an extended period of debate between delegates. The article challenges the view of some delegates that if spiritual rights is included in other conventions that should be sufficient. It uses the Christian doctrine of incarnation to explore what might be distinctive about spiritual rights for people with disabilities. Boros and Vanier’s interpretations of the doctrine are briefly considered before a fuller exploration of the “Disabled God” incarnationalism of the theologian Nancy Eiesland, who was in fact involved in the drafting of UNCRPD. The idea of the Disabled God is also shown to be meaningful outside of a Christian context with an example from Shintoism. The article concludes that whilst spiritual rights is certainly a contested term, its omission from the UNCRPD is to be lamented. 


Societies ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 44
Author(s):  
Lyusyena Kirakosyan

This article examines the discourses about Sport for All (SFA) and their evolution over the past four decades in Brazil and analyzes the implications of those discourses for social inclusion of Brazilians with impairments in sport and leisure. It provides an overview of four political milestones in the development of sport participation in Brazil: the launch of the SFA program under the military dictatorship; the adoption of the 1988 Constitution; the ratification of the United Nations Convention on the Rights of Persons with Disabilities; and the Rio 2016 Paralympics. Foucault’s archaeological-genealogical approach has been used to explain how the principle of social inclusion has been practised and enacted through the SFA discourses in Brazil and to discuss the implications of sport and leisure policies for the population with impairments.


2021 ◽  
Vol LXXXII (2) ◽  
pp. 140-147
Author(s):  
Hanna Grzesiak

The aim of this article is to analyze the history of the educational system for people with disabilities in Japan, which has changed enormously over the centuries. At first, it was the responsibility of the family to care for a child with a disability, who was often stigmatized and deprived of any form of education, as was the family itself, which was often stigmatized for the mere fact of having a child with special needs. The situation changed only at the end of the 19th century due to establishing foreign contacts with other countries. It was thanks to them that Japan started implementing education for children with disabilities. At first special schools for blind and deaf children were established. At the very end, children with intellectual disabilities were included in special education. Starting from 2006, mainly thanks to education reform, children with disabilities are to integrated with peers and placed in mainstream schools. Statistical data, government documents, legislative documents and school curricula will be used in this article.


2016 ◽  
Vol 25 (1) ◽  
pp. 275-297
Author(s):  
Leonardo Borlini

The past twenty years have seen unprecedented international initiatives aimed at combatting corrupt practices. Over the same period, Italy has ratified and implemented within its legal system five international anti-corruption treaties and amended its domestic legislation on different occasions. However, despite considerable efforts, corruption remains a serious challenge in the country. With particular reference to the aforementioned conventions, this article explores the main international rules on criminalisation and prevention of corruption in order to assess achievements and limits of the Italian legislation in light of such provisions. The article is thus divided into two main sections. The first considers the development of the regional and other anti-corruption initiatives which culminated in the United Nations Convention against Corruption; the second examines the main achievements and shortcomings of the Italian anti-corruption legislation in light of the outcomes of the monitoring procedures set by the international instruments ratified by Italy.


2012 ◽  
Vol 27 (4) ◽  
pp. 723-732 ◽  
Author(s):  
Clive Schofield

Abstract Baselines are crucial to the definition of maritime claims and the delimitation of maritime boundaries. The United Nations Convention on the Law of the Sea (LOSC) provides for several distinct types of baseline. These various baselines are discussed relative to their practical application over the past three decades. While some LOSC baseline provisions have proved to be well drafted and have led to broad compliance, the loose language contained in other baselines Articles has resulted in their being interpreted liberally. Contemporary and emerging trends and challenges are also highlighted.


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