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

Abstract

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 studying the right to education in international human rights law (Section 2). It continues with a general introduction to the CRPD (Section 3). After discussing its drafting history, the article goes on to analyse Article 24 of the CRPD, examining the concept of inclusive education, the duty to provide reasonable accommodation and the obligation to adopt support measures and asking the question whether special schools should still be available (Section 3).