scholarly journals Autism and the right to education in the EU: policy mapping and scoping review of Nordic countries Denmark, Finland, and Sweden

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Robin van Kessel ◽  
Sebastian Walsh ◽  
Amber N. V. Ruigrok ◽  
Rosemary Holt ◽  
Anneli Yliherva ◽  
...  
Keyword(s):  
Special Education ◽  
Human Rights ◽  
Universal Declaration ◽  
Education Systems ◽  
Right To Education ◽  
Persons With Disabilities ◽  
Special Education Needs ◽  
Education Needs ◽  
The Right ◽  
Policy Mapping

Abstract Introduction The universal right to education for people with disabilities has been highlighted by the Universal Declaration on Human Rights and the Convention on the Rights of Persons with Disabilities. In this paper, we mapped policies addressing the right to education and special education needs of autistic children in Denmark, Sweden, and Finland. Methods A policy path analysis was carried out using a scoping review as an underlying framework for data gathering. Policy mapping was performed independently by both lead authors to increase reliability. Results and discussion The values of the Universal Declaration of Human Rights and the Convention on the Rights of Persons with Disabilities have been closely translated into the respective education systems of the countries under study, offering special education needs services and support in mainstream education with the aim of including as many children into mainstream education as possible. Even though the education systems are comparable, the approaches between the countries under study are slightly different. Denmark and Sweden have passed several policies specifically geared towards special education needs, while Finland incorporates this more in general education policy. Conclusion All countries under study have incorporated the values of the Universal Declaration of Human Rights and the Convention on the Rights of Persons with Disabilities in their respective education systems while emphasising the need to include as many children in the mainstream system as possible.

scholarly journals Autism and family involvement in the right to education in the EU: policy mapping in the Netherlands, Belgium and Germany

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Robin van Kessel ◽  
Andres Roman-Urrestarazu ◽  
Amber Ruigrok ◽  
Rosemary Holt ◽  
Matt Commers ◽  
...  
Keyword(s):  
Special Education ◽  
Human Rights ◽  
The Netherlands ◽  
Special Needs ◽  
Universal Declaration ◽  
Education For All ◽  
Right To Education ◽  
Special Education Needs ◽  
Education Needs ◽  
The Right

Abstract Introduction In recent years, the universal right to education has been emphasised by the Universal Declaration on Human Rights and the Convention on the Rights of Persons with Disabilities. In this paper, we mapped policies relevant to special education needs and parental involvement of children with autism at an international level and in the Netherlands, Germany and Belgium. Methods A policy path analysis was performed using a scoping review as an underlying methodological framework. This allowed for a rapid gathering of available data from which a timeline of adopted policies was derived. Results and discussion Internationally, the universal right to education has been reinforced repeatedly and the values of the Universal Declaration of Human Rights have been reiterated with every reinforcement. Also, the additional support that a child with special education needs requires is acknowledged and measures are taken to facilitate access to any education for all children. There are slight cross-country differences between the countries under study, attributable to differences in national regulation of education. However, all countries have progressed to a state where the right to education for all children is integrated on a policy level and measures are taken to enable children with special needs to participate in education. Recently, an attempt to implement a form of inclusive education was made as a form of special needs provision. Nevertheless, nowhere has this been implemented successfully yet. Conclusion The Universal Declaration of Human Rights was a critical juncture in international policy and created an environment where the universal right to education has been implemented for all children in the countries under study.

scholarly journals Autism and education—international policy in small EU states: policy mapping in Malta, Cyprus, Luxembourg and Slovenia

2020 ◽  
Vol 30 (6) ◽  
pp. 1078-1083 ◽  
Author(s):  
Robin van Kessel ◽  
Rok Hrzic ◽  
Katarzyna Czabanowska ◽  
Aurélie Baranger ◽  
Natasha Azzopardi-Muscat ◽  
...  
Keyword(s):  
Special Education ◽  
Education System ◽  
Children With Autism ◽  
Small States ◽  
Education Systems ◽  
International Policy ◽  
Guiding Principle ◽  
Special Education Needs ◽  
Education Needs ◽  
Policy Mapping

Abstract Background Special education provides an array of support that can advantageously meet special education needs (SEN) of children with autism. This report maps autism and SEN policies, and tension of international legislation in Malta, Cyprus, Luxembourg and Slovenia. Methods A policy path analysis was performed using a scoping review as fundamental methodological framework. Results Education for children with SEN developed from limited education towards segregation, and further to integration, and inclusion in mainstream education. International policy has greatly influenced the education systems under study. The rights to education and to have SEN addressed have been adopted in all countries. Inclusion is seen to be gradually incorporated by Malta, Cyprus and Luxembourg—closely following values of international documents through concise SEN policies. Slovenia’s education system remains segregated, indicating potential tension. Conclusions It appears that mainstream schools offer SEN services until no longer feasible for the child in the majority of investigated countries. Inclusion has become a guiding principle for most education systems under study. Finally, small states either commit to the implementation of inclusion or delay it and attempt to improve the education system for children with SEN in different ways.

scholarly journals The context of special pedagogy: practical inclusive education or simulated inclusive education?

2019 ◽  
Author(s):  
Krystyna Barłóg
Keyword(s):  
Special Education ◽  
Inclusive Education ◽  
Special Educators ◽  
Equal Rights ◽  
Right To Education ◽  
Special Education Needs ◽  
Future Challenges ◽  
Municipal Schools ◽  
Education Needs ◽  
The Right

Krystyna Barłóg, The centex of special pedagogy: implementedinclusive education or simulated inclusive education? Interdisciplinary Contexts of Special Pedagogy, no. 26, Poznań 2019. Pp. 125–142. Adam Mickiewicz University Press. ISSN 2300-391X. e-ISSN 2658-283X. DOI: https://doi.org/10.14746/ikps.2019.26.06 In many contexts of contemporary special education, its main present and future challenges are the implementation of effective inclusive education, the preparation of the required conditions, space and relations of safe functioning of a child with disabilities or special education needs together with healthy, able-bodied peers. Are the long-standing dreams of parents and many special educators regarding the equal rights of all people with disabilities, and in particular the right to education closest to the child’s place of residence, genuinely achieved nowadays? The diagnosis of selected municipal schools shows the real situation of the implementation of inclusive education. Are these successes already being achieved today? Or is it still a educational reality?

scholarly journals The Right to Inclusive Education in the Light of the Convention on the Rights of Persons with Disabilities

1970 ◽  
pp. 329-342
Author(s):  
Boubacar Sidi Diallo
Keyword(s):  
Human Rights ◽  
Students With Disabilities ◽  
Inclusive Education ◽  
Academic Progress ◽  
Social Situation ◽  
Quality Education ◽  
Educational Institutions ◽  
Right To Education ◽  
Persons With Disabilities ◽  
The Right

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.

The Right to Education of Persons with Disabilities: Disabled in Interpretation and Application

2003 ◽  
Vol 21 (1) ◽  
pp. 7-37
Author(s):  
Claire Breen
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Primary Education ◽  
Disabled Persons ◽  
Right To Education ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Free Primary Education ◽  
International Human ◽  
The Right

In July 2001, the Irish Supreme Court decided that the right to a free primary education as contained in the Irish Constitution could not be extended to a 23-year-old autistic man, Jamie Sinnott. Much of the Supreme Court judgment is an exercise in statutory interpretation. The Court considered the meaning of both ‘primary’ and ‘education’ in the context in which it appeared in the Constitution – that of the rights of parents regarding the education of their children. Whilst it was happy to find that the type of on-going care and support required by Jamie Sinnott could be classified as education, nevertheless, the majority of the Irish Supreme Court limited the meaning of ‘primary’ education to that required by children and thereby excluding the care and support, which it recognised as ‘education’, required by profoundly handicapped adults. The impact of the Court's exercise in statutory interpretation is that, in Ireland, the right to free primary education is to be defined with regard to age and not needs. This paper examines the decision of the Irish Supreme Court against the background of the general right to education as provided for in international human rights law in an effort to ascertain the extent to which the Supreme Court decision, as it reflects Irish domestic law regarding the provision of free primary education, correlates with Ireland's international human rights obligations. In so doing, it will reveal the limited extent to which the rights of disabled person have been ‘integrated’ into the general right to education. To that end, Part 1 of this article will focus upon the Sinnott Case as it provides an effective summary of domestic law regarding primary education as contained in the Constitution, statute and case law as well as being the benchmark for the rights of disabled persons to education in Ireland. Part 2 will consider the provisions of international human rights law regarding that pertain to the rights of disabled persons. Part 3 will consider the right to education as provided for in international human rights treaties by comparing the provisions regarding the general right to education, provisions regarding primary education, and provisions regarding persons with disabilities. Part 4 concludes this article by drawing together the right to education and the rights of disabled individuals in an analysis of language and interpretation in an effort to determine the extent to which the rights of individuals, such as Jamie Sinnott are protected by both national and international law.

Inclusive Education: A Hidden Priority

2021 ◽  
pp. 109-126
Author(s):  
Gauthier de Beco
Keyword(s):  
Human Rights ◽  
Inclusive Education ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Education Systems ◽  
Right To Education ◽  
International Human Rights ◽  
International Human ◽  
The Right

This chapter examines the right to inclusive education. It explains how the CRPD has incorporated the goal of inclusive education into international human rights law and what it expects from States Parties for the realisation of the right to inclusive education. It subsequently explores the Convention’s new emphasis on the right to education while looking at the measures to be adopted in order to achieve inclusive education. It continues by examining the renewed commitment to inclusiveness with regard to education in the field of international human rights law. The chapter upholds that inclusive education is universal and that the right to inclusive education applies to all children alike even if it has disability-specific aspects. It finally investigates what this right actually means for education systems as well as the remaining challenges in its implementation.

Art.28 Adequate Standard of Living and Social Protection

2018 ◽  
Author(s):  
Cremin Kevin
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Human Dignity ◽  
Social Protection ◽  
Universal Declaration ◽  
Standard Of Living ◽  
Persons With Disabilities ◽  
Cultural Rights ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 28 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the rights that persons with disabilities have to an adequate standard of living and to social protection. The Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights both recognize the right to an adequate standard of living. Similarly, Article 23 of the UDHR recognizes ‘the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection’. Evidence indicates, however, that these rights have not been effectively implemented for persons with disabilities. Article 28 aims to combat this injustice.

Art.24 Education

2018 ◽  
Author(s):  
Anastasiou Dimitris ◽  
Gregory Michael ◽  
Kauffman James M
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Lifelong Learning ◽  
Economic Justice ◽  
Educational Opportunities ◽  
Right To Education ◽  
Persons With Disabilities ◽  
Human Rights Treaties ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which recognizes the right of persons with disabilities (PWD) to education and lifelong learning, specifying obligations of states parties that are necessary for realizing this right. Consistent with the CRPD as a whole and with other human rights treaties, it seeks to eliminate discrimination against and equalize educational opportunities for PWD. Nevertheless, it is argued that several tensions and ambiguities embodied in Article 24 raise questions about its efficacy for ultimately achieving its important vision. Despite its categorization as an ‘economic, social, and cultural right’, Article 24 appears to operate in practice primarily as an anti-discrimination measure, which inhibits its potential for securing socio-economic justice for all PWD. In this regard, it diverges from the paradigm that has characterized other international statements on the right to education.

scholarly journals HAK PENDIDIKAN BAGI PENYANDANG DISABILITAS DALAM PERSPEKTIF HUKUM PERDATA DAN HAK ASASI MANUSIA

Asy-Syari ah ◽  
2020 ◽  
Vol 21 (2) ◽  
pp. 245-256
Author(s):  
Ikbar Maulana Malik
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Descriptive Analysis ◽  
Civil Law ◽  
Disabled People ◽  
Right To Education ◽  
Persons With Disabilities ◽  
The Rule Of Law ◽  
Data Source ◽  
The Right

Abstract: Law regulates all aspects of life, one of which is education rights. Education is given to humans not only for non-disabled people (normal) but disability has the right of education because this indicates that there is justice and in order to achieve the objectives of the rule of law, namely to educate the life of the nation. However, there are several issues or cases that still seem to ignore the right of education for persons with disabilities. This study uses a method in the form of Descriptive Analysis, the type of data carried out is qualitative. Then the data source used is primary. Furthermore, in the technique of data collection is done by searching in books, articles, journals and other literacy. Then analyze the data by understanding and formulating conclusions on the problems used in the formulation of the problem. The results of this study are that there are still several factors that make the cause of not fulfilling the right to education for persons with disabilities then in the review of civil law and human rights very supportive for the implementation of the right to education for persons with disabilities given fully and thoroughly.Abstrak: Hukum mengatur segala aspek kehidupan salah satunya hak pendidikan. Pendidik­an diberikan kepada manusia bukan hanya bagi non disabilitas (normal) tetapi disabilitaspun mempunyai hak pendidikan sebab hal ini menandakan ada keadilan dan demi mencapai tujuan Negara hukum yaitu mencerdaskan kehidupan bangsa. Namun ada beberapa isu atau kasus yang masih terkesan tidak memperdulikan hak pendidikan bagi penyandang disabilitas. Penelitian ini menggunakan metode berupa Deskriptif Analisis, Jenis data yang dilakukan bersifat kualitatif. Kemudian Sumber data yang di pakai yaitu primer Selanjutnya dalam tehnik pengumpulan data dilakukan dengan cara mencari dalam buku-buku, artikel, jurnal dan literasi lainnya. Kemudian dilakukan analisis data dengan memahami dan merumuskan kesimpulan terhadap masalah yang dijadikan dalam perumusan masalah. Hasil dari penelitian ini adalah masih ada beberapa faktor yang menjadikan sebab tidak terpenuhinya secara efektif tentang hak pendidikan bagi penyandang disabilitas kemudian dalam tinjauan hukum perdata dan Hak Asasi Manusia sangat mendukung atas implementasi hak pendidikan bagi penyandang disabilitas diberikan secara penuh dan menyeluruh. 

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