Abstract

This report considers the extent to which a legal right to equality and nondiscrimination – as it has been expressed and developed in international law, domestic legislation and constitutional provisions – can achieve or support inclusion in education for persons with disabilities. It explores the concept of equality and argues that when understood in its substantive sense – beyond a formal notion of equal treatment – equality has the potential to transform barriers to inclusion and achieve full participation and the equal enjoyment of rights, including the right to education.

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