Inclusive education

Why is inclusive education an MDAC human rights goal?

Although there are no reliable statistics, it is clear that a vastly disproportionate number of disabled children (including those with intellectual or psycho-social disabilities) have no formal education. Estimates currently suggest that of the 86% of children who now access primary education in developing countries, only some 1-3% are children with disabilities. In Europe, there remains a significant number of children with disabilities (particularly amongst those living in institutions) who do not have access to formal education. For children with intellectual disabilities who do attend school it is likely that they will attend special or segregated educational establishments which follow a different curriculum from that offered in mainstream schools and which are often acknowledged to offer a lesser standard of education. Further, these schools may be situated long distances away from the children’s families and therefore require them to board and live away from their communities. In both mainstream and segregated settings, there is evidence to suggest that appropriate reasonable accommodation is often not provided to children with disabilities and that necessary teacher training and classroom support are not in place.

‘Inclusive education’ is thus not a reality for a very significant proportion of children with psycho-social or intellectual disabilities in Africa or in Europe. Inclusive education is based on the idea that all children should learn together in mainstream environments within the same general education framework. Essential to it is the belief in the unique characteristics, interests, abilities and learning needs of each child (whether or not they have a disability). It requires States to respond positively to diversity and to ensure that appropriate support and reasonable accommodation is provided to children with disabilities within the mainstream school system so as to enrich the education of all.


How is inclusive education a human rights issue?

The right to education is enshrined in many human rights treaties. Until the UN Convention on the Rights of Persons with Disabilities, governments could argue that education for children with disabilities could be provided in segregated or “special” schools. Article 24 of the UN Convention on the Rights of Persons with Disabilities calls for inclusive education for people (including children) with disabilities, and obliges the State to provide reasonable accommodation in education systems. The provision calls for States to take measures which are directed to “the full development of human potential and sense of dignity and self-worth and the strengthening of respect for human rights, fundamental freedoms and human diversity” (Article 24(a)). This will result in “enabling persons with disabilities to participate in a free society” (Art. 24(c)). Given that education is generally seen as an economic and social right, it is subject to progressive realisation and will incur costs – it is an issue which engages the development community.

What MDAC is calling for?

• A legal right to inclusive education
• Children and youth with disabilities are educated in regular educational settings with support
• No segregated schooling for children with disabilities

What impact has MDAC achieved?

In 2008 the European Committee on Social Rights decided the case of MDAC v Bulgaria, in which it held that segregated education constitutes a violation of the right to education under Article 17 of the European Social Charter, and that this may constitute discrimination under Article E. MDAC has been working on inclusive education in Bulgaria since then, by holding a series of roundtables, including one in 2009 which was attended by Thomas Hammarberg, the Commissioner for Human Rights of the Council of Europe.