Abstract
Legal Aspect of Inclusive Education for Persons with Disabilities in Indonesia
Highlights
Article 24 of the UN Convention on the Rights of Persons with Disabilities (CRPD) protects the right to education of persons with disabilities
Draft Article 17 (3) of the CRPD provided that ‘where the general education system does not adequately meet the needs of persons with disabilities special and alternative forms of learning should be made available’. Any such forms should: a) reflect the same standards and objectives provided in the general education system; b) be provided in such a manner to allow children with disabilities to participate in the general education system to the maximum extent possible; c) allow a free and informed choice between general and special systems; d) in no way limit the duty of States Parties to continue to strive to meet the needs of students with disabilities in the general education system.[35]
To China it recommended that the State ‘reallocate resources from the special education system to promote the inclusive education in mainstream schools, so as to ensure that more children with disabilities can attend mainstream education’
Summary
Article 24 of the UN Convention on the Rights of Persons with Disabilities (CRPD) protects the right to education of persons with disabilities. Nor is it to examine how inclusive education can be achieved in practice Instead, it aims to examine how international human rights law protects the right to education of people with disabilities, considering that codification is the most novel development regarding inclusive education. Using the CRPD as reference point, the paper studies the different aspects of the right to inclusive education It provides guidance in the interpretation of Article 24 of the CRPD taking into account the Vienna Convention on the Law of Treaties (VCLT). It turns to the definition of inclusive education and examines the duty to provide reasonable accommodation and the obligation to adopt support measures in order to achieve inclusive education It addresses the question whether special schools should still be available. Kanter, ‘The Right to Inclusive Education for Students with Disabilities under International Law’ [forthcoming], 33–36, on file with the author
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