Abstract
This paper argues for a clear and unequivocal message from those who advocate Inclusive Education. It suggests that the compulsory segregation of children with 'special needs' will continue until the Law underwrites their right to an equal choice of education. The message to advocates is to make the affirmation of children's rights their primary goal, before resorting to detailed educational debates. It also highlights the plight of David McKibben and his family who have taken on the East Belfast Education Board to fight for David's right to attend his local mainstream high school. David experienced further discrimination and rejection by the independent special needs tribunals. David and his family have welcomed the opportunity to have their predicament highlighted in this paper, which asserts that the independent special needs tribunals and current United Kingdom education legislation are fundamentally at odds with the human rights of disabled and non-disabled children.
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