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).

Source Papers

Brazilian legislation and the school inclusion of individuals with communication disorders

ABSTRACT Objective: to verify if the current Brazilian Legislation assures the effective school inclusion of individuals with communication disorders. Methods: the present study is an integrative review. Legislation related to the topic was searched on public databases, such as the website of the Planalto Palace (Brazilian Federal government headquarters), the website of the Culture and Education Ministry (Ministério de Educação e Cultura - MEC) the website of the National Education Council from Federal Government. Brazilian laws, ordinances and guidelines regarding special education of individuals with autism, intellectual disability, hearing impairment and dyslexia were consulted, since the descriptor "Communication Disorders" did not show any results. Results: twenty-one (21) identified norms met the inclusion criteria. Among these, thirteen (13) address disabilities in a generalized manner. The other eight (8) regulations are specific in relation to autism, intellectual disability, hearing impairment and dyslexia. Conclusion: despite the significant number of norms, the current Brazilian legislation does not allow for real school inclusion. Individuals with communication disorders do not have a specific legislation that could guide the peculiarities of each disorder, as well as their special educational needs. Thus, it was concluded that these individuals need legal support respecting their specificities, to allow their effective school inclusion.

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Open Access
Dismantling barriers and advancing disability-inclusive education: an examination of national laws and policies across 193 countries

ABSTRACT Disability-inclusive laws and policies – while not sufficient on their own to advance substantive equality – are an essential step that all countries can take to advance non-discrimination and equity in education for children and youth with disabilities. This is the first study to comprehensively review national law and policy guarantees in 193 countries to assess the extent to which countries have harmonized national laws and policies with international commitments to inclusive education articulated in the Convention on the Rights of Persons with Disabilities and the Sustainable Development Goals. While strong guarantees exist across diverse countries, we find that notable gaps remain. Forty-six percent of countries do not broadly prohibit disability-based discrimination through the completion of secondary education. Legislation in 35% of countries does not guarantee persons with disabilities access to integrated education in mainstream education environments along with necessary individualized accommodations through the completion of secondary school. Thirty-one percent of countries that make primary education compulsory do not pair compulsory education with guarantees to integration in mainstream education environments and individualized supports for students with disabilities. These findings can inform reforms in countries without national guarantees and bolster support for implementation in countries where strong legal guarantees to inclusive education already exist.

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