What are the national and international rules, laws, and legislations on the education of persons with disabilities and vulnerabilities?
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National and international frameworks play a crucial role in shaping the education of persons with disabilities and vulnerabilities. Internationally, the Convention on the Rights of Persons with Disabilities (CRPD) and the Sustainable Development Goals (SDGs) set forth commitments to inclusive education (Godoy et al., 2019). The CRPD is a key instrument that has influenced national legislation, aiming to ensure full integration and equal opportunities for persons with disabilities (Vorapanya & Dunlap, 2012). Additionally, international legislation and policies promote inclusive education and provide recommendations to governments to support the social integration of persons with disabilities through various stages of education (Когут et al., 2017).
However, there is a notable lack of harmonization between international standards and national legal norms, which can hinder the effective protection and inclusion of persons with disabilities (Vorapanya & Dunlap, 2012). For instance, in Brazil, despite significant progress since the 1988 Constitution, there are still barriers in education and employment that need to be addressed through public policies and increased social awareness (Tshering et al., 2023). Similarly, the implementation of Article 14 of the CRPD presents challenges for States Parties, especially concerning the rights of persons with psychosocial disabilities (Elder, 2015).
In the case of Brazil, the current legislation does not assure effective school inclusion for individuals with communication disorders, indicating a need for legal support that respects the specificities of each disorder (Luis, 2016). Spain's journey towards inclusive education reflects a shift from segregation to inclusion, with a high percentage of students with special educational needs enrolled in mainstream schools, highlighting the importance of training in attitudinal approaches towards disability (Asilbekovna, 2023).
Globally, inclusive education is recognized as a significant reform, with countries like Bhutan evolving their education systems to better address social, political, and economic developments through inclusive practices (Waisath et al., 2022). Thailand's legislation mandates inclusive education, but implementation faces challenges such as cultural perceptions and policy issues (Sá et al., 2024). Kenya's inclusive education system is in its early stages, with barriers like poverty and natural disasters impeding progress; the country is encouraged to develop a more robust inclusive education system in line with the CRPD (Škorić & Gagro, 2020).
In summary, while international instruments like the CRPD provide a foundation for inclusive education, national laws and policies vary in their alignment and effectiveness. The disparities and challenges in implementation across different countries underscore the need for harmonization, capacity-building, and attitudinal change to ensure that persons with disabilities and vulnerabilities receive equitable education opportunities (Asilbekovna, 2023; Elder, 2015; Godoy et al., 2019; Luis, 2016; Sá et al., 2024; Škorić & Gagro, 2020; Tshering et al., 2023; Vorapanya & Dunlap, 2012; Waisath et al., 2022).
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