scholarly journals The right to inclusive education: why is there so much opposition to its implementation?

2017 ◽  
Vol 14 (3) ◽  
pp. 396-415 ◽  
Author(s):  
Gauthier de Beco

AbstractAlthough the Convention on the Rights of Persons with Disabilities (CRPD) proclaims the right to inclusive education, and much attention is being given to the goal of inclusive education in debates on human rights, there are doubts as to whether this right has led to a new direction in policy-making. The under-researched question is: why is there so much opposition to the implementation of the right to inclusive education? This paper examines the question by distinguishing between both the concept and practice of inclusive education. Using a specific interdisciplinary approach in order to critically analyse a legal norm, the paper looks into the very meaning of inclusive education by utilising some central conclusions from disability studies to appraise the ideal of inclusive education, and seeks to resolve related challenges by drawing upon political philosophy to investigate pragmatic solutions to the obstacles to inclusive education. This paper claims that it is thereby possible to incorporate the element of actual achievability into such an ideal.

2019 ◽  
Vol 4 (2) ◽  
pp. 496-510
Author(s):  
Maria Aparecida Vieira de Melo

RESUMO: O presente artigo visa expor reflexões acerca da educação inclusiva nas escolas do campo, ainda é um dos temas na educação do campo pouco discutido, daí a importância de um aprofundamento acerca desta temática. A intenção neste trabalho é discutir a inclusão nas escolas do campo de crianças acometidas por deficiências de qualquer natureza. E mais especificamente dialogar com os autores com que vem tendo esta preocupação contribuindo para que uma atenção especial seja oferecida as crianças deficientes da comunidade rural, em particular do Sítio Luz – Canhotinho-PE, identificar na legislação vigente as especificidades que tratam da inclusão nos espaços educativos e, por fim perceber a importância de fazer valer os direitos humanos das pessoas com deficiência em ocuparem as carteiras escolares das escolas de sua comunidade rural. O problema que norteia esta discussão é: a educação em direitos humanos promove a educação inclusiva nas escolas do campo? Metodologicamente este trabalho desenvolve-se a partir de uma revisão de literatura, a luz de autores que defendem os direitos humanos, o marco legal da educação inclusiva e a especificidade da educação do campo. Diante do exposto, percebe-se que a legislação contribui com a discussão do direito a inclusão nos processos educativos, mas não são evidentes especificamente nas escolas do campo, de tal forma os educadores também não estão preparados para intervir pedagogicamente às pessoas que precisam do atendimento especializado no sistema regular de ensino.   PALAVRAS-CHAVE: Direitos Humanos, atendimento especializado, marco legal.   ABSTRACT: This article aims to expose reflections on inclusive education in schools in the field, it is still one of the subjects in the education of little discussed field, hence the importance of deepening about this topic. The intent of this paper is to discuss the inclusion in the kids camp schools affected by disabilities of any kind. And more specifically dialogue with the authors that has had this concern contributing to that special attention be offered disabled children of the rural community, particularly the Light Site - Canhotinho-PE to identify the current legislation the specifics that deal with the inclusion in spaces educational and finally realize the importance of enforcing the human rights of persons with disabilities occupy the desks of the schools in their rural community. The problem that guides this discussion is: a human rights education promotes inclusive education in schools in the field? Methodologically this work develops from a literature review, the light of authors who defend human rights, the legal framework of inclusive education and the specificity of rural education. Given the above, we can see that the law contributes to the discussion of the right to inclusion in the educational processes, but are not evident especially in schools of the field, so educators are also not prepared to intervene pedagogically people in need of care specializes in the regular school system.   KEYWORDS: Human Rights, specialized care, legal framework.


1970 ◽  
pp. 329-342
Author(s):  
Boubacar Sidi Diallo

This article examines the rights of persons with disabilities in the field of inclusive education based on fundamental human rights outlined in the Convention on the Rights of Persons with Disabilities. Inclusive education is essential to achieve universal respect for the right to education, including persons with disabilities. Only inclusive education systems can offer persons with disabilities both quality education and the opportunity to improve their social situation. Inclusive education is not just about placing students with disabilities in mainstream educational institutions; it also means making them feel welcome, respected and valued. The values that underlie the concept of inclusive education reinforce the capacity of everyone to achieve their goals and to conceive of diversity as a source of enrichment. Students with disabilities need appropriate support to participate in the education system on an equal basis with other students. Ordinary educational institutions must provide students with disabilities with a learning environment that maximizes academic progress and socialization.


2020 ◽  
Vol 1 (41) ◽  
pp. 10
Author(s):  
Jonas Ruškus

<p>Since 2010 Lithuania is a State Party of the Convention on the Rights of Persons with Disabilities of the United Nations. The development of education policy in Lithuania as concerns the right to inclusive education for children with disabilities is analysed as well as the factual trends of education of children with disabilities in segregated and regular educational settings. Author explores the assumption that intersection of the patterns of medical model of and neoliberal mindset in educational discourse impedes the implementation of human rights standards, reasonable accommodation particularly.</p><p>Nuo 2010 m. Lietuva yra Jungtinių Tautų Neįgaliųjų teisių konvencijos šalis narė. Analizuojama švietimo politikos plėtra Lietuvoje, atsižvelgiant į neįgalių vaikų teisę į įtraukųjį ugdymą, taip pat faktinės neįgalių vaikų ugdymo tendencijos segregacinėje ir įprastoje ugdymo aplinkoje. Autorius nagrinėja prielaidą, kad medicininio modelio ir neoliberalios mąstysenos struktūrų susikirtimas edukaciniame diskurse trukdo įgyvendinti žmogaus teisių standartus, ypač tinkamą sąlygų pritaikymą.</p>


2020 ◽  
Vol 8 (2) ◽  
pp. 102-108
Author(s):  
Oleksandr Mikhailovich Shevchuk ◽  
Sergii Mikhailovich Mokhonchuk ◽  
Oleksandr Volodimirovich Lysodyed ◽  
Valentyna Vasylivna Mamonova

Purpose: This article is devoted to the search for effective solutions to modern legal problems of the realization of human rights, including children, for inclusive education in Ukraine. Methodology: The method of integral analysis of legal regulation in the field of inclusive education in Ukraine has allowed us to consider it in development and interconnection to reveal the existing directions and patterns as a whole. The comparative method has come in handy in the study of legislation governing the right of people to inclusive education. Modeling, analysis, and synthesis methods have revealed the advantages and disadvantages of legal regulation in the field of inclusive education. Main findings: The article discusses the features of legal problems of the implementation of rights to inclusive education of humans with limited opportunities in Ukraine. Possible ways of improving the legal regulation of the implementation of human rights to inclusive education are proposed. According to the authors, one of such methods is the passing of separate legislative, legal norms regarding the development of inclusive education for children with various functional disorders, the development of inclusive education at higher educational institutions. The authors substantiate the conclusion that the human right to inclusive education at the international level is a legal human right that has great practical value for students with disabilities and should exclude any form of discrimination. Implications: This article can be used in the practical activities of lawyers, students, and teachers of law higher education, and is also recommended for review by persons with disabilities. Novelty: This study examined the problems of legal support of human rights to inclusive education in Ukraine and suggested ways to solve them.


2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.


2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Rachmadani Fatria Agung Gumelar ◽  
Martinus Sardi

Persons with disabilities still find it difficult to find and obtain work because they are considered less productive and incapable to work. However, every human being has human rights including the right to obtain work and to persons with disabilities. This study aims to understand the Indonesian government's role based on human rights instruments' concern for work opportunities. The research used a normative study with a descriptive qualitative analysis which is focused on library research and analysis of the compilation of written data. The author found that the role of government is through policies and realization on the program where the direction not only supervision within sanction to the employer but also develop quality and placement of disabilities workforce, open special labor market and promotion to all stakeholder for providing recruitment. Nonetheless, the national government role in the realization of obligation from the human rights legal instruments both international or national still not comprehensively comply with the provision because the specific regulation relates to employment still have discrimination provision, absence of government technical regulation about disabilities employment, lack of regulation and policy measures to encourage private sectors for hire persons with disabilities.


2020 ◽  
Vol 32 (2) ◽  
pp. 297-319
Author(s):  
Norita Azmi ◽  
◽  
Salawati Mat Basir

Issues related to the disabled right in the country continue to attract criticism and debate, as implementation is very slow and weak. The disabled have the right to live like other normal people, which includes protection in times of danger and emergency. One of the important mechanism for the care of the disabled is through legal means. The government has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as part of its efforts to empower and protect this minority group. As such, the government has taken the initiative to enact the Persons with Disabilities Act 2008 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010 as one of the government’s commitments in complying with international human rights conventions as long these do not against the Federal Constitution. This article aims to uncover and analyse the legal provisions in Malaysia relating to the disabled and their right to live, as stated in the Federal Constitution and relevant legal provisions. In essence, this shows that Malaysia, as a member of the UN, is bound to adopt international laws and treaties on human rights if these do not violate local norms and values. At the end of the discussion, some ideas are presented as solutions for the government to improve the issue of disabled persons so that in the eyes of the world, Malaysia will be recognized as one of the countries that cares for and defends its disabled, in line with the Convention on the Rights of Persons with Disabilities 2008.


Author(s):  
Oliver Lewis ◽  
Soumitra Pathare

This chapter sets out the connection between disability and human rights, examining how persons with disabilities (including those with physical disabilities, sensory disabilities, psychosocial or mental health disabilities, and intellectual disabilities) are particularly vulnerable to exclusion and discrimination, leading to human rights violations across the world. It has been a long global struggle to recognize the rights of people with disabilities and realize the highest attainable standard of physical, mental, and social well-being, a struggle evolving across countries and culminating in the 2006 adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The provisions of the CRPD relate to three specific rights that are of particular importance to people with disabilities: legal capacity, the right to health, and the right to independent living. Yet, national implementation challenges remain, including finding space for mental health and disability in policymaking and developing models of service delivery that advance human rights.


Author(s):  
Fiala-Butora János

This chapter examines Article 23 of the United Nations Convention on the Rights of Persons with Disabilities. The right to family life and its various components have long been recognized by international human rights law and in regional human rights instruments. Despite this long tradition of protecting the family in human rights law, persons with disabilities have long been subject to serious violations of their right to family life. The prevailing stereotype has considered persons with disabilities asexual, which has led to the denial of their sexual autonomy. The right to family life also encompasses all forms of relationships and parenthood. To be truly equal members of society, persons with disabilities must achieve equality of opportunity in these areas as well. This requires significant attitudinal change, empowerment, dismantling of barriers, and support to experience intimate relationships.


Author(s):  
Kovudhikulrungsri Lalin ◽  
Hendriks Aart

This chapter examines Article 20 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Personal mobility is a prerequisite for inclusion in a society. According to the European Court of Human Rights, to be mobile and to have access to transport, housing, cultural activities, and leisure is a precondition for the ‘right to establish and develop relations with other human beings’, ‘in professional or business contexts as in others’. The CRPD does not establish new rights for persons with disabilities. It is merely thought to identify specific actions that states and others must take to ensure the effectiveness and inclusiveness of all human rights and to protect against discrimination on the basis of disability. However, the fact that there is no equivalent of the right to personal mobility in any other human rights treaty makes it particularly interesting to examine the genesis and meaning of this provision.


Sign in / Sign up

Export Citation Format

Share Document