The Right to Inclusive Education in International Human Rights Law

This volume studies the implications of the right to inclusive education in human rights law for disability law, policy and practice.

Gauthier de Beco (Edited by), Shivaun Quinlivan (Edited by), Janet E. Lord (Edited by)

9781107548510, Cambridge University Press

Paperback / softback, published 19 May 2022

732 pages
22.9 x 15.1 x 3.8 cm, 1.065 kg

Education is a fundamental human right that is recognised as essential for the attainment of all civil, political, economic, social and cultural rights. It was not until 2006, on the adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD), that the right to inclusive education was codified. This volume fills a major gap in the literature on the right of disabled people to education. It examines the theoretical foundations and core content of the right to inclusive education in international human rights law, and explores the various ways of implementing this right through an exploration of legal strategies and mechanisms. With contributions by leaders in the field, this volume advances scholarship on the core content of the right to inclusive education by examining the content and practice of the right at the national, regional and international levels.

1. Introduction
2. The right to inclusive education for students with disabilities under international human rights law Arlene S. Kanter
3. Comprehensive legal analysis of Article 24 of the Convention on the Rights of Persons with Disabilities Gauthier de Beco
4. Moving towards schools for all: examining the concept of educational inclusion for disabled children and young people Michael Shevlin
5. Drafting Article 24 education of the Convention on the Rights of Persons with Disabilities Rosemary Kayess
6. The Expressive Dimension of Article 24 of the UN Convention on the Rights of Persons with Disabilities Sarah Arduin
7. Reasonable accommodation: an integral part of the right to education for persons with disabilities Shivaun Quinlivan
8. Progressive realisation and the right to inclusive education Gauthier de Beco
9. Financing inclusive education – lessons from developing countries János Fiala-ButoraI
10. Strategic litigation and inclusive education Peter Barnett and Michael Ashley Stein
11. Advocacy for inclusive education: a European approach Carla Bonino Covas and Miguel Ángel Cabra de Luna
12. Advancing the right to inclusive education in development cooperation Janet E. Lord
13. Harnessing technology to realize the right to inclusive education Cambridge Right to Education Volume Deepti S. Raja and G. Anthony Giannoumis
14. Indigenous-knowledge-driven education reform as a means of achieving inclusive education in indigenous communities in Canada Anna Gilmer
15. Inclusive education: perspectives from the UN Committee on the Rights of Persons with Disabilities María Soledad Cisternas Reyes
16. Emerging trends in the jurisprudence of the European Court of Human Rights: the right to education for persons with disabilities Andrea Broderick
17. Emerging jurisprudence on inclusive education under the European Social Charter Shivaun Quinlivan
18. The scope of recognition and protection of the right to inclusive education in the African human rights system Japhet Biegon
19. Litigating the right to inclusive education under Irish law Gerry Whyte
20. Inclusive education in Flanders, Belgium: a country with a long history of segregation Elisabeth De Schauwer
21. The implementation of the right to inclusive education in Germany Thomas Bernhard
22. The Past, Present and future of the right to inclusive education in Italy Delia Ferri
23. Inclusive education in China Zhijun Fu, Bo Chen and Ni Zhen
24. Legislating inclusive education in the era of the CRPD: The case of Kenya Elizabeth Kamundia
25. Implementation of the human right to inclusive education in Japan Yoshikazu Ikehara
26. Charting a legal course towards the inclusion of children with disabilities in Tajikistan Kate Lapham
27. The right to inclusive education in Argentina Ana Laura Aiello.

Subject Areas: Disability & the law [LNTQ], Education & the law [LNTD], Social law [LNT], International human rights law [LBBR], Law & society [LAQ], Law [L]