CEU Electronic Theses and Dissertations, 2019
| Author | Környei, Kristóf |
|---|---|
| Title | Understanding Inclusive Education: Taking the Rights of Children with Profound and Multiple Disabilities Seriously |
| Summary | The legally binding right to inclusive education, as stipulated by the CRPD, is a recent development in the catalogue of human rights. The CRPD elaborates upon disability-specific hardships on the exercise of rights already protected by former human rights instruments. Following Article 26 of the UDHR, Article 24 of the CRPD explicitly brings persons with profound and multiple disabilities (PMD) within the scope of the right to inclusive education. There is some clarity today on how the CRPD Committee envisages inclusive education systems (General Comment No. 4). Yet, for many governments such vision cannot be more than a flagship command. Is the standard of Article 24 unrealistically high then? The central puzzle of my paper revolves around the tension of including children with PMD in the mainstream education system. Their right to inclusive education is understood in the context of domestic legal standards and their marginalized social status within the education system. The point of departure for comparing domestic legal frameworks of Ireland, Hungary and South Africa is the CRPD Committee’s understanding of inclusive education. The comparative analysis is conducted for two purposes: Firstly, taking account of the historical context current legislation and case law are analyzed to identify the aptitude of domestic legal systems with regards to the educational rights of children with PMD. Secondly, in light of the comparative analysis it is presented how the ambitious standard of Article 24 can be implemented for children with high support needs on the ground. |
| Supervisor | János Fiala-Butora |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2019/kornyei_kristof.pdf |
Visit the CEU Library.
© 2007-2021, Central European University