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The following consists of a selection of abstracts and summaries of articles and reports on inclusive education:

A. General

1. Transition to Inclusive Education Systems, according to the Convention on the Rights of Persons with Disabilities (2016)

Article written by Gauthier De Beco and published in Nordic Journal of Human Rights (2016, Volume 34, Issue 1)

This article discusses the transition to inclusive education systems and concerns States which have built segregated education systems. Article 24 of the Convention on the Rights of Persons with Disabilities (CRPD) proclaims the right to inclusive education for disabled persons. States parties equipped with special schools face particular challenges in progressively realizing this right. Accordingly, this article examines the definition of ‘inclusive education’, steps which must be taken to achieve it, and tools which can be used to ensure that the transition to inclusive education systems complies with the CRPD. With regards to the obstacles to inclusive education, this article argues that inclusive education is a process which requires permanent changes to the general education system. Finally, the article considers the implementation of the right of disabled people to education through the adoption of national human rights action plans and the use of human rights indicators.

Citation: Gauthier De Beco, Transition to Inclusive Education Systems, According to the Convention on the Rights of Persons with Disabilities, (2016) Nordic Journal of Human Rights, 34:1, 40-59  

 

2. The Right to Inclusive Education According to Article 24 of the UN Convention on the Rights of Persons with Disabilities: Background, Requirements and (Remaining) Questions (2014)

Article written by Gauthier De Beco and published in Netherlands Quarterly of Human Rights (2014 Volume 32, Issue 3)

This article deals with the right to inclusive education. Article 24 of the UN Convention on the Rights of Persons with Disabilities (CRPD) provides not only that children with disabilities should not be discriminated against but also that they should be able to participate in the general education system. Children with disabilities should therefore be educated in mainstream schools. The article begins by examining the right to education under international human rights law. It continues with a general introduction to the CRPD. After discussing its drafting history, the article goes on to analyse Article 24 , considering the concept of inclusive education, duty to provide reasonable accommodation, and obligation to adopt support measures. The article also questions whether special schools should remain available.

Citation: Gauthier De Beco, The Right to Inclusive Education According to Article 24 of the UN Convention on the Rights of Persons with Disabilities: Background, Requirements and (Remaining) Questions, (2014) 32 Netherlands Quarterly of Human Rights 263, 272–274

 

3. Is Inclusive Education a Human Right (2013)

Article written by John-Stewart Gordon and published in Journal of Law, Medicine and Ethics (2013 Volume 41)

This article critiques the claim of the right to inclusive education (i.e. to teach all students in one class) as being a moral human right. It proposes a refined model of inclusive education that allows teaching both impaired and non-impaired students together in one school,  or even one class, where the impairment of the student does not rule out reasonable participation. The first part of this article contains preliminary remarks on the three models of disability (i.e. individual, social, and rights-based) and outlines the meaning of inclusive, integrative, and segregated education. It then provides an overview of  the nuances of human rights in education. The second part of this article sets out some of the most important pro and contra arguments for inclusive education. The third part of this article contains a detailed discussion on vital issues on justice in education and disability.

Citation: John-Stewart Gordon, Is Inclusive Education a Human Right, 41 J.L. Med. & Ethics 754 (2013)

 

4. A Disability Rights in Education Model for evaluating inclusive education (2005)

Article written by Susan Peters, C. Johnstone and P. Ferguson and published in International Journal of Inclusive Education (2005 Volume 9, Issue 2)

Current models for evaluating inclusive education programs tend only to examine surface-level structures of day-to-day practices in organizations and school operations. These programs also tend to lack significant input from disabled persons. In response to these deficiencies, the authors have developed a Disability Rights in Education (DRE) Model to explain and evaluate effective Inclusive Education. The DRE is derived from reports by international consumer organizations such as Disabled People’s International, Inclusion International, and the World Institute on Disability.

Citation: Susan Peters, C. Johnstone and P. Ferguson, A Disability Rights in Education Model for evaluating inclusive education, (2005) International Journal of Inclusive Education 9(2) 139-160

B. By region

a. Asia Pacific 

Asia Pacific – Comparative 

1. The Right to Inclusive Education of Persons with Disabilities: The Policy and Practice Implications (2011)

Article written by Payel Rai Chowdhury and published in Asia-Pacific Journal on Human Rights and the Law (2011 Volume 12, Issue 2)

Inclusion and participation are essential to human dignity and the enjoyment and exercise of human rights. In education, these rights are achieved through inclusive schools which serve all children within a community. This article primarily critiques international and regional initiatives on inclusive education. It also synthesizes relevant treaties and agreements as well as their implementation statuses within the educational systems under different regional contexts.

 

Citation: Payel Rai Chowdhury, The Right to Inclusive Education of Persons with Disabilities: The Policy and Practice Implications, (2011) Asia-Pacific Journal on Human Rights and the Law 12(2) 1-35

2. Inclusive Education and Conflict Resolution: Building a Model to Implement Article 24 of the Convention on the Rights of Persons with Disabilities in the Asia Pacific (2010)

Article written by Carole Petersen and published in Hong Kong Law Journal (2010 Volume 40, Part 2)

 

The Convention on the Rights of Persons with Disabilities (CRPD) came into force in 2008 and, as of the date of this article, has 87 states parties. Article 24 obligates States parties to provide inclusive education with appropriate accommodations. This obligation is challenging for many governments in Asia Pacific where school enrolment rates for children with disabilities remain low. States parties also have an obligation to provide effective implementation mechanisms, including conflict resolution mechanisms for disputes that may arise among education providers, students, and their parents. In order to illustrate a possible enforcement model, Part II of the article discusses the legal framework that has evolved in the United States, which requires an “individualized education program” (IEP) for every child with a disability. Part III analyses the primary conflict resolution mechanisms, including mediation, resolution conferences, and due process hearings. While mediation has many advantages, power imbalances may undermine a child’s right to an inclusive education. Thus, due process hearings continue to provide an important safeguard to children with disabilities in the United States. Part IV considers how these mechanisms might be adapted and improved upon in Asia Pacific, so as to develop a rights-based enforcement model that is true to the values of the CRPD but also retains the advantages of alternative dispute resolution. While it may be tempting for governments to rely upon general anti-discrimination legislation, Article 24 of the CRPD requires a more proactive and sustained approach to inclusive education.

Citation: Carole Peterson, Inclusive Education and Conflict Resolution: Building a Model to Implement Article 24 of the Convention on the Rights of Persons with Disabilities in the Asia Pacific, 40 Hong Kong Law Journal 481 (2010)

 

3. Making Good on the Promise of International Law: The Convention on the Rights of Persons with Disabilities and Inclusive Education in China and India (2008)

Article written by Vanessa Torres Hernandez and published in Pacific Rim Law and Policy Journal Association (2008 Volume 17, Issue 2)

The Convention on the Rights of Persons with Disabilities conceptualizes disability as a human rights issue and requires States parties to provide an inclusive education to all children with disabilities. However, China and India, the two most populous signatory countries, do not currently provide inclusive education (which is described by the CRPD as non-discriminatory access to general education, reasonable accommodation, and individualized support designed to fulfil the potential of individual children with disabilities). Although India and China both have enacted laws that encourage the education of children with disabilities, neither country’s laws mandate inclusive education; nor does either country currently provide universal education to children with disabilities. Furthermore, both countries lack the funding and teaching resources to enforce their existing laws or provide inclusive education. Assuming that India and China intend to comply with the CPRD, the United Nations must persuade China and India to change domestic laws and facilitate the involvement of non-governmental organizations to help increase and effectively apply the fiscal and human resources necessary to provide inclusive education to all students with disabilities.

Citation: Vanessa Torres Hernandez, Making Good on the Promise of International Law: The Convention on the Rights of Persons with Disabilities and Inclusive Education in China and India, (2008) 17 Pacific Rim Law & Policy Journal 497

China

1. Good Example of Parent Advocacy for Rights in Inclusive Education in China (2016)

Article written by Cui Fengying and published in Frontiers of Law in China (2016, Volume 11)

While children with disabilities experience exclusion and segregation in education in China, the involvement of parents has been limited. In an environment deeply influenced by the individual model of disability, and where attitudes toward disability are generally negative, parents must advocate for their children’s rights to inclusive education through collaborative and organized efforts. This article examines the barriers faced by both disabled children in pursuing inclusive education and their parents in advocating for their children. The article further examines the development of parental support. The author argues that equal and inclusive education has a broader social impact beyond disability rights by eliminating barriers and pursuing dignity for all persons. In doing so, the author reveals the structural inequalities confronted by inclusive education, encourages change, and provides a model for how parental advocacy can be a way to overcome disability discrimination such as segregation and exclusion in education. Recommendations include strategies for constructing a support network for parents which enables them to take on important roles in this regard.

 

Citation: Cui Fengying, Good Example of Parent Advocacy for Rights in Inclusive Education in China, 11 Frontiers L. China 323 (2016)

2. From Unconscious to Conscious Inclusion: Meeting Special Education Needs in West China (2007)

Article written by Meng Deng and Janet C. Holdsworth and published in Disability & Society (2007 Volume 22, Issue 5)

The authors map the endeavours of the Project Management Office of the Gansu Basic Education Project (GBEP) in Gansu Province China, in instituting measures to ensure good learning opportunities for children with special educational needs within four poor countries. The main purpose of GBEP is to increase school enrolment and retention in these poor minority areas so as to achieve universal education. In the beginning, there was little under=standing at the classroom and management levels of how to ensure access to learning and access to schools for special needs students. However, as general enrolment increased, so did enrolment for students with special needs. Further, the schools began unconsciously to respond to the educational needs of special needs students. The authors map out this road to change and analyse the methods undertaken to change practices at the management and classroom levels so as to generate lessons which may benefit inclusive education initiatives in China and elsewhere.

Citation: Deng Meng and Janet C. Holdsworth, From Unconscious to Conscious Inclusion: Meeting Special Education Needs in West China, (2007) Disability & Society 22(5) 507-522

3. The Chinese “Learning in a Regular Classroom” and Western Inclusive Education (2007)

Article written by Deng Meng and Zhu Zhiyong and published in Chinese Education and Society (2007 Volume 40, Issue 4)

This paper examines the definition of “learning in a regular classroom” (LRC), compares LRC with inclusive education, and assesses the foundation of LRC. The article concludes that LRC is a pragmatic model for inclusion that has evolved out of a compromise between the Western concept of inclusion and practical considerations of Chinese social and educational conditions.

Citation: Deng Meng and Zhu Zhiyong, The Chinese “Learning in a Regular Classroom” and Western Inclusive Education, (2007) Chinese Education and Society 40(4) 21–32

4. The Beginnings of Inclusion in the People’s Republic of China (2003)

Article written by Helen McCabe and published in Research and Practice for Persons with Severe Disabilities (2003 Volume 28, Issue 1)

Education for children with disabilities in the People’s Republic of China has experienced significant growth and reform since 1978, the beginning of the period of Reform and Opening (gaige kaifang). Since then, models of special education have gradually evolved to include educating children with disabilities in general education classrooms. This article describes special education and early inclusion efforts in China such as national projects and local examples of including children with disabilities (i.e. children with autism) in public schools and educating them in general education classrooms. Implications for inclusive practices, focusing on the importance of parental efforts, are discussed.

Citation: Helen McCabe, The Beginnings of Inclusion in the People’s Republic of China (2003), Research and Practice for Persons with Severe Disabilities March 2003 vol. 28 no. 1 16-22

Australia

1. National and international disability rights legislation: a qualitative account of its enactment in Australia (2015)

Article written by Ben Whitburn and published in the International Journal of Inclusive Education (2015, Volume 19, Issue 5)

A detailed analysis based on the experiences of the study participants and researcher (all with vision impairments) in education, post-school, and employment search periods. The policy discourses on disability legislation, at both the national and international levels, are explored with reference to their enactments in Australia. The analysis focuses on collective indifference as evidenced by the linguistic construction of people with disabilities at the United Nations. These elements reflect how neoliberal principles cast a shadow over disability policy discourse.

Citation: Ben Whitburn, National and international disability rights legislation: a qualitative account of its enactment in Australia, (2015) International Journal of inclusive education 19(5) 518-529

2. Disability Standards for Education 2005 (CTH): Sword or Shield for Australian Students with Disability (2014)

Article written by Elizabeth Dickson and published in International Journal of Law and Education (2014, Volume 19 Issue 1)

This article explains the scope and effect of the Disability Standards for Education 2005 (Cth) ( ‘Standards’) and considers whether they operate as a legislative sword or shield in respect of the battle to protect the education rights of people with disabilities in Australia. Evidence suggests that the Standards would be more effective if there were greater understanding of how they oblige education providers to make reasonable adjustments to their policies and practices to support access for and participation by students with disabilities.

Citation: Elizabeth Dickson, Disability Standards for Education 2005 (CTH): Sword or Shield for Australian Students with Disability, (2014) Int’l J. L. & Educ. 19(1)

3. Disability Standards for Education and the Obligation of Reasonable Adjustment (2006)

Article written by Elizabeth Dickson and published in Australia and New Zealand Journal of Law & Education (2006, Volume 11 Issue 2)

The Disability Discrimination Act 1992 (Cth) allows for the formulation of disability standards. These standards set benchmarks which must be met by institutions operating in a particular protected area. The Disability Standards for Education 2005 came into force in August 2005. An important ramification of the Education Standards is that education institutions are now obliged to make ‘reasonable adjustments’ to the way they operate in order that students with disabilities may be accommodated. These adjustments must be made in to enrolment, participation, curriculum development, accreditation and delivery, student support services, and harassment and victimisation. Education authorities and providers and students with disabilities have a legitimate interest in how the ‘reasonableness’ of proposed adjustment will be determined. The scope of the required adjustment affects the scope of the right to inclusion in mainstream education institutions for students with disabilities. This article examines existing case law to give insight into how courts and tribunals may handle this reasonableness enquiry. The article examines decisions where reasonableness has been at issue: cases where an implied duty of reasonable accommodation was applied to the facts; and cases involving indirect discrimination where the reasonableness of the discrimination was to be determined.

Citation: Elizabeth Dickson, Disability Standards for Education and the Obligation of Reasonable Adjustment, Australia and New Zealand Journal of Law & Education Vol 11, no 2, pp. 23–42

4. ‘Asking for the moon’? a critical assessment of Australian disability discrimination laws in promoting inclusion for students with disabilities (2004)

Article written by Katherine Lindsay and published in the International Journal of Inclusive Education (2004, Volume 8, Issue 4)

The aim of this article is to critique the dichotomy between the legal regulation of disability discrimination in Australia, particularly in the State of New South Wales, and inclusion policy as espoused by public education authorities. It is argued that the law and inclusion policy strive towards different outcomes. The legal regulations in New South Wales undermine the human rights of individuals with disabilities by restricting their access to ‘mainstream’ education. The article is novel as it relies upon extracts from a variety of sources so as to enable the voices of students, parents, carers, advocates, teachers and members of the judiciary to be heard.

Citation: Katherine Lindsay, ‘Asking for the moon’? a critical assessment of Australian disability discrimination laws in promoting inclusion for students with disabilities, (2004) International Journal of Inclusive Education 8(4) 373-390

5. The Impact of the Disability Discrimination Act on School Students with a Disability in Australia (2003)

Article written by Ian Dempsey and published in Australian and New Zealand Journal of Law and Education (2003, Volume 8)

This paper examines the relationship between the Commonwealth Disability Discrimination Act and recent educational policy, enrolment, and educational outcomes for students with a disability in Australia. Particular attention is paid to recent trends and initiatives in New South Wales. The conclusion reached is that while educational policy for students with disabilities is similar across the states and territories (and while these policies are broadly consistent with the principles espoused in the DDA), there is little evidence that the DDA has had a significant impact on enrolment patterns. Further, students with disabilities continue to be excluded from significant aspects of education reform in Australia. Parental choice, lack of education standards to supplement the DDA, professional development for teachers, and political expediency are discussed as potential reasons for the ongoing exclusion of students with disabilities from the education reform agenda and more inclusive settings.

Citation: Ian Dempsey, The Impact of the Disability Discrimination Act on School Students with a Disability in Australia, 8 Austl. & N.Z. J.L. & Educ. 35 (2003)

India 

1. Inclusive Education in India: International concept, national interpretation (2005)

Article written by Nindhi Singal and published in International Journal of Disability, Development and Education (2005, Volume 53, Issue 3)

This article examines education of children belonging to marginalised groups, with particular reference to children with disabilities, within the Indian context. Based on an analysis of post‐independence Government documents, various educational provisions made available for children with disabilities are discussed. The article explores the Indian Government’s focus on the development of special schools, its efforts towards integration, and the more recent emphasis on inclusive education. Furthermore, it attempts to elucidate “inclusive education” as understood in various official documents. The article concludes by arguing for a need to develop a contextual understanding of inclusive education that is reflective of current educational concerns in India.

Citation: Nindhi Singal, Inclusive Education in India: International concept, national interpretation, (2005) International Journal of Disability, Development and Education 53(3) 351-369

Hong Kong

1. Equality and Inclusion in Education for Persons with Disabilities: Article 24 of the Convention on the Rights of Persons with Disabilities and its Implementation in Hong Kong (2010)

Article written by Kelley Loper and published in Hong Kong Law Journal (2010 Volume 40, Part 2)

This article considers the extent to which a legal right to equality and non- discrimination – as it has been expressed and developed in international law, domestic legislation and constitutional provisions – can support inclusion in education for persons with disabilities. Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and other relevant human rights standards serve as reference points for this discussion. The article explores the concepts of disability (based on the social model), substantive equality, and inclusion and argues that these notions combine to form a theoretical foundation for a strong legal framework that requires transformative measures. It considers how these concepts are reflected in international human rights law and how they have been applied in Hong Kong domestic law. It concludes that legal reforms are necessary for Hong Kong to fully implement its obligations to ensure inclusive education and substantive equality under the CRPD.

Citation: Kelley Loper, Equality and Inclusion in Education for Persons with Disabilities: Article 24 of the Convention on the Rights of Persons with Disabilities and its Implementation in Hong Kong, 40 Hong Kong Law Journal 419 (2010)

2. The Sustainable Development of Inclusive Education (2007)

Article written by Leslie Nai-kwai Lo and published in Chinese Education and Society (2007 Volume 40, Issue 4)

The advent of inclusive education has quietly changed the ecology of Hong Kong’s educational system. Inclusive education is a product of education in the developed Western nations and has spread at the instigation of international organizations. As a blueprint for educational development, inclusive education is based on the concepts of human rights and peace and stresses respect for differences. However, as a means of managing schools, it is easier to comprehend than execute. This paper attempts to explain the basic concepts of inclusive education, describe its operative elements, and discuss its practical problems. Drawing on research findings and developmental experience gained abroad and locally, the author makes suggestions for the sustained development of inclusive education.

Citation: Leslie Nai-kwai Lo, The Sustainable Development of Inclusive Education, (2007) Chinese Education and Society, 2007 Volume 40, Issue 4, pp. 44-62

South Korea

1. The Diffusion of Disability Rights Policy: A Focus on Special Education in South Korea (2014)

Article written by Joan P. Yoo and Elizabeth Palley and published in International Journal of Disability, Development and Education (2014, Volume 61, Issue 4)

 

This article examines the development of South Korean special education policy and suggests that different strategies of policy diffusion influenced the design of the policy at various times. Historically, South Korea was impacted by external pressures and influences, and particularly drew upon US law and UN guidelines, to develop its human rights law (including laws on special education). This article suggests that development of democratic infrastructure in South Korea led to improvements in the legislative development processes on special education law; in turn, this led to legislation which better identifies and addresses the needs of children with disabilities.

 

Citation: Joan P. Yoo and Elizabeth Palley, The Diffusion of Disability Rights Policy: A Focus on Special Education in South Korea, (2014) International Journal of Disability, Development and Education 61(4) 362-376

b. Europe

Europe- general 

1. The EU Rights Based Approach to Disability: Strategies for Shaping an Inclusive Society (2005)

Article written by Anna Lawson and published in International Journal of Discrimination and Law (2005, Volume 6)

 

The article begins by examining the traditional approach towards disability. It then sets out the fundamentals of the emerging rights-based approach before proceeding to explain how the rights-based approach is shaping EU law and policy. In the final section, the author suggests a number of strategies which may assist disability organizations and other disability rights advocates in their efforts to ensure that disabled people are able to play a full role in the life of their communities and that they are respected and valued in the same way as other citizens.

 

Citation: Anna Lawson, The EU Rights Based Approach to Disability: Strategies for Shaping an Inclusive Society, 6 Int’l J. Discrimination & L 269 (2003-2005)

United Kingdom

1. Inclusive special education: development of a new theory for the education of children with special educational needs and disabilities (2015)

Article written by Garry Hornby and published in British Journal of Special Education (2015, Volume 42, Issue 3)

Inclusive education and special education are based on different philosophies and provide alternative views of education for children with special educational needs and disabilities. They are increasingly regarded as diametrically opposed in their approaches. This article presents a theory of inclusive special education that comprises a synthesis of the philosophy, values, and practices of inclusive education with the interventions, strategies and procedures of special education. The development of inclusive special education aims to provide a vision and guidelines for policies, procedures, and teaching strategies that facilitate the provision of effective education for all children with special educational needs and disabilities.

Citation: Garry Hornby, Inclusive special education: development of a new theory for the education of children with special educational needs and disabilities, (2015) British Journal of Special Education, 42(3), 234-256

2. Illusionary inclusion – what went wrong with New Labour’s landmark educational policy? (2012)

Article written by Alan Hodkinson and published in British Journal of Special Education (2012, Volume 39, Issue 1)

This article examines the emergence and evolution of New Labour’s landmark inclusion education policy. The author sets outs his conceptual difficulties in defining inclusion and inclusive education during the latter part of the twentieth century and first decade of the twenty-first century. This article observes and defines inclusive education in England through critically analysing discourse of teachers and examining the vocabulary of inclusion. The article’s contextual precept is that, rather than creating a brave new world for equality and social justice, inclusive education was rendered illusionary by competing policy initiatives and the practicalities of educational settings.

Citation: Alan Hodkinson, Illusionary inclusion – what went wrong with New Labour’s landmark educational policy?, (2012) British Journal of Special Education, 39(1) 4–11

3. Dilemmas in the quest for inclusion (2005)

Article written by Klaus Wedell and published in British Journal of Special Education (2005, Volume 32 Issue 1)

The article explores the systemic rigidities that create barriers to inclusion. It offers creative ideas for approaching the challenges of inclusion and argues persuasively for greater flexibility to facilitate change, development, and innovation. Building on these themes, the article summarizes a series of implications for policy and practice which concern teaching and learning, staffing and professional expertise, and grouping and locations for learning. In conclusion, the article calls on the Government to consider in-depth the issues raised by moves towards inclusion (particularly those issues concerning the individual learner in relation to shared curriculum). This article recognizes tensions in the movement towards inclusion.

 

Citation: Klaus Wedell, Dilemmas in the quest for inclusion, (2005) British Journal of Special Education 32(1) 3-11

4. Devolution and Disability Equality Legislation: The Implementation of Part 4 of the Disability Discrimination Act 1995 in England and Scotland (2003)

Article written by Shiela Riddell and published in British Journal of Special Education (2003, Volume 30, Issue 2)

Part 4 of the Disability Discrimination Act 1995 (as amended) came into force in September 2002. While the Act covers Great Britain,  it is implemented through different special educational needs legislation in schools throughout England and Scotland. This article by Sheila Riddell, Professor of Social Policy (Disability Studies) at Glasgow University and Director of the Strathclyde Centre for Disability Research, explores the key differences in legal frameworks and discusses their implications for delivering consistent anti-discrimination policies north and south of the border. Professor Riddell argues that there is a need for close monitoring of the implementation of Part 4 of the Act in English and Scottish schools. If major differences in implementation of the legislation emerge over time, there may be a need to consider devolving responsibility for equal opportunities to the Holyrood Parliament or amending national education legislation to make implementation more consistent.

Citation: Shiela Riddell, Devolution and Disability Equality Legislation: The Implementation of Part 4 of the Disability Discrimination Act 1995 in England and Scotland, (2003) British Journal of Special Education 30(2) 63-69

5. Inclusive education: a critical perspective (2003)

Article written by Geoff Lindsay and published in the British Journal of Special Education (2003, Volume 30, Issue 1)

The Gulliford Lecture 2002 was given by Professor Geoff Lindsay, Director of the Centre for Educational Development, Appraisal and Research (CEDAR) at the University of Warwick. Professor Lindsay’s lecture, upon which this paper is based, addresses a number of key topics, including: the development of inclusion and inclusive practices, models of special educational needs and disability, and the values that underpin our views on these matters. Based on the research evidence, the article provides a searching critique of prevailing notions about inclusion and current approaches to research.

 

Citation: Geoff Lindsay, Inclusive education: a critical perspective, (2003) British Journal of Special Education 30(1) 3–12

c. America

Canada 

1. Canada’s Implementation of the Right to Education for Students with Disabilities (2010)

Article written by Seema Shah and published in International Journal of Disability, Development and Education (2010, Volume 57, Issue 1)

This article analyses the content and legal implementation of the right to education as a human right in Canada. It seeks to expose the extent to which Canadian legislative mechanisms have succeeded in protecting the right to education of students with disabilities by using students with epilepsy as a test case. To that end, the article examines the barriers faced by students with epilepsy in realizing their right to education. It explores the content of the right to education in international law so as to provide an ideal against which the legal implementation of the right to education = can be measured. In examining the degree to which legal implementation of the right to education for students with disabilities lives up to the ideals espoused in international law, the article analyses the effectiveness of the legal mechanisms that implement the right to education for students with epilepsy in addressing the three types of barriers faced by such students. The revelation of where students with epilepsy fall through the cracks serves as a reflection of the limits of current legal mechanisms in protecting the right to education for students with disabilities.

 

Citation: Seema Shah, Canada’s Implementation of the Right to Education for Students with Disabilities, (2010) International Journal of Disability, Development and Education 57(1) pp. 5-20

 

d. Africa

 

South Africa

1. Inclusive Basic Education in South Africa: Issues in Its Conceptualisation and Implementation (2015)

Article written by L.N. Murungi and published in Potchefstroom Electronic Law Journal (2015, Volume 18)

 

This article considers how “inclusive education” may be construed in accordance with the South African Constitution. In particular, it assesses the existing approaches to inclusive education as compared to the right to “a basic education” provided under section 29 of the Constitution. Thereafter, the conceptualisation of inclusive basic education in South Africa is compared to the conceptualisation of inclusive education in international legal instruments. The provisions of the CRPD, which South Africa ratified on 30 November 2007, are particularly instructive. The article begins by setting out the background to the right to basic education and inclusive education in international law and South African laws and policies.

Citation: L.N. Murungi, Inclusive Basic Education in South Africa: Issues in Its Conceptualisation and Implementation, 18 Potchefstroom Elec. L.J. 3159 (2015)

2. Human Right to Inclusive Education: Exploring a Double Discourse of Inclusive Education Using South Africa as a Case Study (2013)

Article written by Charles Ngwena and published in Netherlands Quarterly in Human Rights (2013, Volume 31)

The Western Cape Forum for Intellectual Disability demonstrates State ambivalence towards inclusive education. More generally, the article highlights the dangers of an embedded double discourse of inclusive education: State rhetoric and praxis that are outwardly committed to inclusive education (but are inwardly exclusionary) perpetuates the historical exclusion of disabled learners.

Citation: Charles Ngwena, Human Right to Inclusive Education: Exploring a Double Discourse of Inclusive Education Using South Africa as a Case Study, 31 Neth. Q. Hum. Rts. 473 (2013)

3. Legislation and Policies: Progress towards the Right to Inclusive Education (2013)

Article written by Pierre du Plessis and published in De Jure (2013, Volume 46)

Inclusive education can be successful if education is recognized to be the joint responsibility of parents, teachers, curriculum advisors, and the community. A community-based approach to inclusion is a central feature of inclusive schools. Belonging and support (which are basic human rights)  are being construed as rights to be earned. Inclusive education for all as enshrined in policies and legislation runs the risk of becoming exclusive for many in South Africa, especially the poor. If the emphasis is on testing and benchmarking schools, there is little room for partnerships and inclusion. Social and educational transformation is not delivered through democratic elections and policy visions alone but must be achieved through complex and concerted engagement with social,  political, and economic forces.

Citation: Pierre du Plessis, Legislation and Policies: Progress towards the Right to Inclusive Education, 46 De Jure 76 (2013)

4. Western Cape Forum for Intellectual Disability v. Government of the Republic of South Africa: A Case Study of Contradictions in Inclusive Education (2013)

Article written by Charles Ngwena and published in African Disability Rights Year Book (2013, Volume 1)

Despite having an enabling constitutional environment, South Africa has been ambivalent about fulfilling its obligations under the CRPD. On one hand, South Africa has made significant strides in fostering a legal and policy environment conducive to the attainment of inclusive education. Mainly as part of post-apartheid transformation, it made significant strides in developing equality jurisprudence that comports not only the notion of inclusive education, but inclusive citizenship generally. On the other hand, the policy background of the Western Cape Forum for Intellectual Disability demonstrates poignant contradictions in the implementation of inclusive education by the State. The facts reveal a contradiction in State policy that is outwardly embracing of inclusive education but inwardly exclusionary.

Citation: Charles Ngwena, Western Cape Forum for Intellectual Disability v. Government of the Republic of South Africa: A Case Study of Contradictions in Inclusive Education, 1 Afr. Disability Rts. Y.B. 139 (2013)

Botswana 

1. The Right to Inclusive Education in Botswana: Present Challenges and Future Prospects (2014)

Article written by Obonye Jones and published in African Disability Rights Yearbook (2014, Volume 2)

This article proceeds on the assumption that equipping children with disabilities with necessary education and skills through inclusive education will go a long way in ensuring both personal and socio-economic development. It argues that the delivery of inclusive education to learners will be more effective if carried out through a human rights model.  Through a rights-based model, the inherent equality of all persons is recognized regardless of differences, abilities, or disabilities. The article argues that even though inclusive education has gained immeasurable currency in modern pedagogy, Botswana’s efforts are insufficient to meet the education needs of children with disabilities and address the challenges they face.

Citation: Obonye Jonas, The Right to Inclusive Education in Botswana: Present Challenges and Future Prospects, 2 Afr. Disability Rts. Y.B. 3 (2014)

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