scholarly journals RIGHT TO INCLUSIVE EDUCATION FOR CHILDREN WITH DISABILITIES AT STAKE IN LITHUANIA /KLAUSIMAI IR IŠŠŪKIAI DĖL NEGALIĄ TURINČIŲ VAIKŲ TEISĖS MOKYTIS ĮTRAUKAUS UGDYMO SĄLYGOMIS LIETUVOJE

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>

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.


2021 ◽  
pp. 203195252110274
Author(s):  
Katja Karjalainen ◽  
Marjo Ylhäinen

The UN Convention on the Rights of Persons with Disabilities (UNCRPD) features interesting labour law related aspects. The goals of this article are to reconcile horizontal human rights and contract law in the context of reasonable accommodation in working life and to establish guidelines by which to assess the obligation to make accommodation, for example in relation to the EU Employment Equality Directive. This article utilises the framework of just social practice, which makes reference to welfarism in Nordic contract law. Just social practice creates a theoretical framework in which to investigate the rights and obligations attached to reasonable accommodation in working life, because it may be argued that its basic premises correspond to the ultimate justification of the accommodation rights provided for by the UNCRPD: the idea of social inclusion. The first part of the article seeks to identify common features between the UNCRPD and contract law. It sketches the theoretical framework of just social practice, in which contract law and human rights coincide within the context of employment. The second part of the article elaborates what the process of reasonable accommodation within the framework of just social practice constitutes and introduces specific steps that are followed when the right to accommodation is in question. The article also identifies the factors that have an influence on reasonableness evaluations as being either internal or external to the contractual relationship and exemplifies how contract law principles are to be applied when assessing reasonableness. The article argues that reconciliation of the goals of private law and human rights within the framework of just social practice makes it possible to argue that contract law principles can function as a tool for social inclusion.


2009 ◽  
Vol 29 (1) ◽  
Author(s):  
Dina Feldman

<!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <w:PunctuationKerning /> <w:ValidateAgainstSchemas /> <w:SaveIfXMLInvalid>false</w:SaveIfXMLInvalid> <w:IgnoreMixedContent>false</w:IgnoreMixedContent> <w:AlwaysShowPlaceholderText>false</w:AlwaysShowPlaceholderText> <w:Compatibility> <w:BreakWrappedTables /> <w:SnapToGridInCell /> <w:WrapTextWithPunct /> <w:UseAsianBreakRules /> <w:DontGrowAutofit /> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--><!--[if gte mso 9]><xml> <w:LatentStyles DefLockedState="false" LatentStyleCount="156"> </w:LatentStyles> </xml><![endif]--><!--[if !mso]><object classid="clsid:38481807-CA0E-42D2-BF39-B33AF135CC4D" id=ieooui></object> <style> st1\:*{behavior:url(#ieooui) } </style> <![endif]--> <!-- /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:"Times New Roman"; mso-fareast-font-family:"Times New Roman"; mso-bidi-language:HE;} @page Section1 {size:8.5in 11.0in; margin:1.0in 1.25in 1.0in 1.25in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} --> <!--[if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} </style> <![endif]--><span style="font-size: 12pt; font-family: Arial; color: black;">The UN Convention on the Rights of the Child, from 1989, and the UN Convention on the Rights of Persons with Disabilities, from 2007, define a vision in which party States ensure the welfare of children with disabilities and their right to enjoy a full and respected life in the community, with their families, in conditions which meet their basic needs and ensure their ability to actualize their potential, enjoy basic liberty, freedom of expression, active and inclusive participation in the community life, based on equal opportunities. Approximately 8.7% of the children in Israel cope with functional challenges, disabilities or chronic diseases requiring constant intervention through medical or non medical care. The aim of the current article is to outline the international vision defined by the Conventions and the situation in Israel regarding the rights of children with disabilities to life, life with family in the community, education, health and accessibility – as legislated and as actually implemented. The article shows that Israel is committed to the international conventions and has invested much in legislation, budget and services for ensuring the social rights of children with disabilities in all areas of life. However Israel still faces the challenges of carrying out the paradigm shift towards the human rights model of disability in practice, by ensuring equal opportunities; by abolishing the poverty and discrimination of the geographical and social periphery; and by implementing inclusive education and accessible public areas and services to all.</span>


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 5 ◽  
Author(s):  
Felix Steigmann

Inclusive education for persons with disabilities, although an internationally recognized human right, is far from being fully and adequately implemented. Since this crucial human right does not only apply to citizens, the lack of implementation holds true for refugees, too. Therefore, the present research elaborates on the extent to which the right to inclusive education is ensured for refugee children with disabilities in Berlin as well as on the obstacles and challenges with regard to access to this right. The theoretical basis of this research is formed by an outline and discussion of the manifold legal frameworks on different relevant levels of law and is contextualized by pertinent key concepts. Shedding light on the discrepancy between theory and practice, problem-centered expert interviews with six social workers in Berlin were conducted. These interviews were evaluated and analyzed according to the so-called Grounded Theory. It will be shown that apart from structural shortcomings and resource shortages, the parents' capacity is one of the decisive aspects on which the prospects of inclusive schooling depend on. Within this context, the research focuses on the parent's capacity in terms of, inter alia, knowledge about the education and support system and their personal conditions in either facilitating or constraining their children's access to inclusive education as well as on the importance of social worker's support and consultation measures which aim at strengthening the parent's capacity. Interestingly, this approach shifts away the focus from accusations on a structural level of policymaking to suggestions of improving low-threshold support systems.


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.


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.


What is inclusive education? It is a process of changing preschool, secondary and higher education that all our children with disabilities can use, assuming that this education can be adapted to their different needs. Inclusive education is based on an ideology that excludes any discrimination against children with disabilities, provides equal treatment for all, but creates the necessary conditions for children with special educational needs. The Constitution of the Republic of Uzbekistan guarantees the right to education for all. Our national legislation also provides for equal rights for persons with disabilities in the exercise of their potential. The state pays special attention to the home education of children with disabilities who are unable to attend school.


2020 ◽  
Vol 4 (4) ◽  
pp. 209-226
Author(s):  
GORDANA STANKOVSKA ◽  
IMRAN MEMEDI

A child is a member of a vulnerable group in societies. Children's rights are equal for all children and they cannot be denied, because they are a birthright. However, throughout the world, children with disabilities and their families constantly experience a barrier in regard to the enjoyment of their basic human rights and to their inclusion in society. Their abilities are overlooked, their capacities are underestimated and their needs are given low priority. The barriers they face are more frequently a result of the environment in which they live rather than a result of their impairment. The situation began to change only when requirements to include disabled children in the education system were introduced in legislation. Following the example of other countries worldwide, the Republic of North Macedonia introduced inclusion of children with disabilities in the mainstream educational process, because the right to education is a right for all children, including the ones with special educational needs. For this purpose, the Republic of North Macedonia implemented a series of changes in the educational system for successful inclusion of children with special educational needs. Hence, the main aim of our paper is to represent the actual situation in Macedonian schools regarding the problem of educational inclusion of students with disabilities in the regular school system. The research methods are based on document studies and case studies about changes in social and educational policies for students with disabilities and special educational needs who are included in primary and secondary education. At the same time we shall present some guidelines for teachers who work with these children and future directions for a proper inclusion system in the Republic of North Macedonia, because every child has a fundamental right to education and must be given the opportunity to achieve and reach an acceptable level of learning. In this frame, school societies try to support full participation of students with disabilities in areas of their lives on equal terms, conditions, social justice and basic human rights.


2020 ◽  
Vol 9 (5) ◽  
pp. 328-346
Author(s):  
Phil Lord

This article argues that Canada fails to meet its obligation under article 24 of the United Nations Convention on the Rights of Persons with Disabilities to provide students with autism with access to inclusive education. Moving beyond Canadian legislation, under which every province and territory recognises the right of all students to an inclusive education, it analyses Canada’s education system and the implementation of the goal of inclusive education. It points out the effect of five interrelated factors on the inclusiveness of the Canadian education system and its accessibility for students with autism: reductions in funding for education; the inadequacy of individual support measures and parent participation; the lack of education and training for teachers; the use of language indicative of the medical model of disability by governments; and "voluntary segregation" – the voluntary removal of children from the public education system by their parents. It concludes that Canada likely does not meet its obligations under the United Nations Convention on the Rights of Persons with Disabilities.


Sign in / Sign up

Export Citation Format

Share Document