Academic Articles

The following are a selection of abstracts or summaries of articles and reports concerning inclusive education:

A. General

1. Transition to Inclusive Education Systems, According to the Convention on the Rights of Persons with Disabilities (2016)

Article written by Gauthier De Beco and published in Nordic Journal of Human Rights (2016, Volume 34, Issue 1)

This article deals with the transition to inclusive education systems and therefore concerns states that have built segregated education systems. Article 24 of the Convention on the Rights of Persons with Disabilities (CRPD) proclaims the right to inclusive education for disabled people. State parties that are equipped with special schools,  however,  face  particular  challenges  in  progressively realising the right in question. This article therefore examines what ‘inclusive education’ truly means, what steps must be taken to achieve it, and what tools can be used to ensure the transition to inclusive education systems so as to comply with the CRPD. Considering the obstacles to inclusive education, the article argues that inclusive education is a process that needs permanent efforts  to  adapt  the  general  education  system  to  disabled children. It also considers the implementation of the right of disabled people to education through the adoption of national human rights action plans and the use of human rights indicators.

Citation: Gauthier De Beco, Transition to Inclusive Education Systems, According to the Convention on the Rights of Persons with Disabilities, (2016) Nordic Journal of Human Rights, 34:1, 40-59  

2. The Right to Inclusive Education According to Article 24 of the UN Convention on the Rights of Persons with Disabilities: Background, Requirements and (Remaining) Questions (2014)

Article written by Gauthier De Beco and published in Netherlands Quarterly of Human Rights (2014 Volume 32, Issue 3)

This article deals with the right to inclusive education. Article 24 of the UN Convention on the Rights of Persons with Disabilities (CRPD) provides not only that children with disabilities should not be discriminated against but also that they should be able to participate in the general education system. Children with disabilities should therefore be educated in mainstream schools. The article begins by studying the right to education in international human rights law. It continues with a general introduction to the CRPD. After discussing its drafting history, the article goes on to analyse Article 24 of the CRPD, examining the concept of inclusive education, the duty to provide reasonable accommodation and the obligation to adopt support measures and asking the question whether special schools should still be available.

Citation: Gauthier De Beco, The Right to Inclusive Education According to Article 24 of the UN Convention on the Rights of Persons with Disabilities: Background, Requirements and (Remaining) Questions, (2014) 32 Netherlands Quarterly of Human Rights 263, 272–274

3. Is Inclusive Education a Human Right (2013)

Article written by John-Stewart Gordon and published in Journal of Law, Medicine and Ethics (2013 Volume 41)

This article questions the claim that the right to inclusive education, i.e. to teach all students in one class, is a moral human right. It instead proposes a refined model of inclusive education that allows teaching both impaired and non-impaired students in one school and even in one class if the impairment of the student does not rule our reasonable participation. The first part of this article contains some preliminary remarks about three different models of disability, i.e. individual, social and human rights, and outlines the meanings of inclusive, integrative and segregated education. It then gives a detailed overview of the different layers of the idea of human rights in education. The second part lays out some of the most important pro and contra arguments for inclusive education. The third part contains detailed discussion on some vital issues in the context of justice in education and disability.

Citation: John-Stewart Gordon, Is Inclusive Education a Human Right, 41 J.L. Med. & Ethics 754 (2013)

4. A Disability Rights in Education Model for evaluating inclusive education (2005)

Article written by Susan Peters, C. Johnstone and P. Ferguson and published in International Journal of Inclusive Education (2005 Volume 9, Issue 2)

Current models for evaluating inclusive education programs tend to examine surface-level structure of day-to-day practices in the organization and operation of schools and also lack significant input from disabled people. In response, the authors in this article have developed a Disability Rights in Education (DRE) Model to understand and evaluate effective Inclusive Education that is derived from reports of international consumer organizations such as Disabled People’s International, Inclusion International, and the World Institute on Disability.

Citation: Susan Peters, C. Johnstone and P. Ferguson, A Disability Rights in Education Model for evaluating inclusive education, (2005) International Journal of Inclusive Education 9(2) 139-160

B. By region

a. Asia Pacific 

Asia Pacific – Comparative 

1. The Right to Inclusive Education of Persons with Disabilities: The Policy and Practice Implications (2011)

Article written by Payel Rai Chowdhury and published in Asia-Pacific Journal on Human Rights and the Law (2011 Volume 12, Issue 2)

Inclusion and participation are essential to human dignity and to the enjoyment and exercise of human rights. In education, this is achieved within inclusive schools that serve all children within a community. This article is primarily devoted to a critical study of the international and regional initiatives in this regard, along with providing a synthesis of these treaties and agreements and their implementation status in the educational system in different regional contexts.

Citation: Payel Rai Chowdhury, The Right to Inclusive Education of Persons with Disabilities: The Policy and Practice Implications, (2011) Asia-Pacific Journal on Human Rights and the Law 12(2) 1-35

2. Inclusive Education and Conflict Resolution: Building a Model to Implement Article 24 of the Convention on the Rights of Persons with Disabilities in the Asia Pacific (2010)

Article written by Carole Petersen and published in Hong Kong Law Journal (2010 Volume 40, Part 2)

The Convention on the Rights of Persons with Disabilities (CRPD) came into force in 2008 and now has 87 states parties. Article 24 obligates states parties to provide an inclusive education with appropriate accommodations. This will be challenging for many governments in the Asia Pacific, where school enrolment rates for children with disabilities remain low. States parties also have an obligation to provide effective implementation mechanisms, including procedures to resolve disputes that may arise among education providers, students and their parents. In order to illustrate the elements of a possible enforcement model, Part II of the article discusses the legal framework that has evolved in the United States, which requires an “individualized education program” (IEP) for every child with a disability. Part III analyses the primary conflict resolution mechanisms, including mediation, resolution conferences, and due process hearings. While mediation has many advantages, power imbalances may undermine a child’s right to an inclusive education. Thus, due process hearings continue to provide an important safeguard in the United States. Part IV considers how these mechanisms might be adapted and improved upon in the Asia Pacific, in order to develop a rights-based enforcement model that is true to the values of the CRPD but retains the advantages of alternative dispute resolution. While it may be tempting for governments to rely upon general anti-discrimination legislation, Article 24 of the CRPD requires a more proactive and sustained approach to inclusive education.

Citation: Carole Peterson, Inclusive Education and Conflict Resolution: Building a Model to Implement Article 24 of the Convention on the Rights of Persons with Disabilities in the Asia Pacific, 40 Hong Kong Law Journal 481 (2010)

3. Making Good on the Promise of International Law: The Convention on the Rights of Persons with Disabilities and Inclusive Education in China and India (2008)

Article written by Vanessa Torres Hernandez and published in Pacific Rim Law and Policy Journal Association (2008 Volume 17, Issue 2)

The Convention on the Rights of Persons with Disabilities conceptualizes disability as a human rights issue and requires state parties to provide an inclusive education to all children with disabilities. However, China and India, the two most populous signatory countries, do not currently provide inclusive education—described by the Convention as nondiscriminatory access to general education, reasonable accommodation of disability, and individualized supports designed to fulfill the potential of individual children with disabilities. Though both India and China have laws that encourage the education of children with disabilities, neither country’s laws mandate inclusive education and neither country currently provides universal education to children with disabilities. Furthermore, both countries lack the funding and teaching force to enforce existing laws or provide inclusive education. Assuming that India and China intend to comply with the Convention, the United Nations must use the Convention to persuade China and India to also change domestic laws and facilitate the involvement of non-governmental organizations that can help increase and effectively use fiscal and human resources necessary to provide inclusive education to all students with disabilities.

Citation: Vanessa Torres Hernandez, Making Good on the Promise of International Law: The Convention on the Rights of Persons with Disabilities and Inclusive Education in China and India,  (2008) 17 Pacific Rim Law & Policy Journal 497

China

1. Good Example of Parent Advocacy for Rights in Inclusive Education in China (2016)

Article written by Cui Fengying and published in Frontiers of Law in China (2016, Volume 11)

While children with disabilities experience exclusion and segregation in education, parents’ involvement has been very limited due to the  lack of parent support in China. Negative  attitudes toward disability  in an environment deeply influenced by the individual model of disability thinking makes it crucial for parents to advocate for their children’s rights in inclusive education through collaborative  and  organized efforts.This article examines barriers obstructing disabled children’s rights in pursuing inclusive education, barriers  parents face to advocate for their children, and the development of parent support. The author argues that equal and inclusive education for all has a broader social impact beyond disability rights to eliminate barriers and pursue dignity for all. In doing so, the author reveals existing structural inequalities facing inclusive education,encourages the momentum for future changes, and  utilizes a good  example of parent advocacy for a deeper and meaningful policy advancement to overcome discrimination on the basis of disability that causes segregation   and exclusion in education. Recommendations include strategies for the construction of a support network for parents to play their important roles in  advancing the rights of their disabled  children in inclusive education.

Citation: Cui Fengying, Good Example of Parent Advocacy for Rights in Inclusive Education in China, 11 Frontiers L. China 323 (2016)

2. From Unconscious to Conscious Inclusion: Meeting Special Education Needs in West China (2007)

Article written by Meng Deng and Janet C. Holdsworth and published in Disability & Society (2007 Volume 22, Issue 5)

The authors map the route undertaken by the Project Management Office of the Gansu Basic Education Project (GBEP) in Gansu Province, China, in instituting measures to ensure good learning opportunities for children with special educational needs within the four poor countries benefiting from this DFID supported project. The main purpose of GBEP has been to increase enrolment and retention in these poor, minority areas so as to achieve universal basic education. As general enrolment increased so did that of pupils with special needs, the educational needs of which the schools began responding to in an unconscious way. However, at the start there was little under- standing at the classroom and management levels of how to ensure access to learning as well as access to school. The authors map out the road to change and the methods undertaken to change practice at various management and classroom levels so as to enable schools to provide more adequately for these children. Experiences of and lessons from project implementation have been analysed so as to generate implications which might be beneficial to inclusive education initiatives in areas, in China and elsewhere, with similar conditions.

Citation: Deng Meng and Janet C. Holdsworth, From Unconscious to Conscious Inclusion: Meeting Special Education Needs in West China, (2007) Disability & Society 22(5) 507-522

3The Chinese “Learning in a Regular Classroom” and Western Inclusive Education (2007)

Article written by Deng Meng and Zhu Zhiyong and published in Chinese Education and Society (2007 Volume 40, Issue 4)

This paper analyzes the definition of “learning in a regular classroom” (LRC), makes a comparison between LRC and inclusive education, and subsequently conducts an exploration into the nature of LRC. The conclusion is that LRC is a pragmatic model of inclusion that has evolved out of a compromise between the Western concept of inclusion and practical considerations related to Chinese social and educational conditions.

Citation: Deng Meng and Zhu Zhiyong, The Chinese “Learning in a Regular Classroom” and Western Inclusive Education, (2007) Chinese Education and Society 40(4) 21–32

4. The Beginnings of Inclusion in the People’s Republic of China (2003)

Article written by Helen McCabe and published in Research and Practice for Persons with Severe Disabilities (2003 Volume 28, Issue 1)

Education for children with disabilities in the People’s Republic of China has experienced significant growth and reform since 1978, the beginning of the period of Reform and Opening (gaige kaifang). Since that time, models of special education have gradually evolved to include educating children with disabilities in general education classrooms. This article describes special education and early inclusion efforts in China. National projects and local examples of children with disabilities, including children with autism, being included in public schools and educated in general education classrooms are described. Implications for inclusive practices, focusing on the importance of parent efforts, are discussed.

Citation: Helen McCabe, The Beginnings of Inclusion in the People’s Republic of China (2003), Research and Practice for Persons with Severe Disabilities March 2003 vol. 28 no. 1 16-22

Australia

1. National and international disability rights legislation: a qualitative account of its enactment in Australia (2015)

Article written by Ben Whitburn and published in the International Journal of Inclusive Education (2015, Volume 19, Issue 5)

A detailed analysis based on the lived experiences of the study participants and the researcher (each with vision impairment) in education, post school and in the pursuit for employment is developed. The policy discourses of disability legislation – both at national and international levels – are explored with particular reference to their enactment in Australia. The analysis focuses on the collective indifference to detached others, which is evident in the linguistic construction of people with disabilities in the United Nations. Together, these elements reflect the neoliberal principles that cast a shadow over the discourses of the disability policies.

Citation: Ben Whitburn, National and international disability rights legislation: a qualitative account of its enactment in Australia, (2015) International journal of inclusive education 19(5) 518-529

2. Disability Standards for Education 2005 (CTH): Sword or Shield for Australian Students with Disability (2014)

Article written by Elizabeth Dickson and published in International Journal of Law and Education (2014, Volume 19 Issue 1)

This article explains the scope and effect of the Disability Standards for Education 2005 (Cth) (the ‘Standards’) and considers whether they operate as a legislative sword or shield in respect of the battle to protect the education rights of people with disabilities in Australia. Evidence suggests that the Standards would be a more effective weapon if there were greater understanding of how they oblige education providers to make reasonable adjustments to their policies and practices to support access for and participation by students with disabilities.

Citation: Elizabeth Dickson, Disability Standards for Education 2005 (CTH): Sword or Shield for Australian Students with Disability, (2014) Int’l J. L. & Educ. 19(1)

3.Disability Standards for Education and the Obligation of Reasonable Adjustment (2006)

Article written by Elizabeth Dickson and published in Australia and New Zealand Journal of Law & Education (2006, Volume 11 Issue 2)

Under the Disability Discrimination Act 1992 (Cth) disability standards may be formulated. Standards set benchmarks which must be met by institutions which operate in a particular protected area. The Disability Standards for Education 2005 came into force in August 2005. An important ramification of the Education Standards is that education institutions are now obliged to make ‘reasonable adjustments’ to the way they operate in order that students with disabilities may be accommodated. These adjustments must be made in the areas of enrolment, participation, curriculum development, accreditation and delivery, student support services and harassment and victimisation. Education authorities and providers and students with disabilities are legitimately interested in how the ‘reasonableness’ of proposed adjustment will be determined. The scope of the adjustment required will affect the scope of the right to inclusion in mainstream education institutions of students with disabilities. This paper examines existing case law in order to give some insight into how courts and tribunals may handle this reasonableness enquiry. The paper examines existing decisions where reasonableness has been in issue: cases where an implied duty of reasonable accommodation was applied to the facts; and cases involving indirect discrimination where the reasonableness of the discrimination was to be determined.

Citation: Elizabeth Dickson, Disability Standards for Education and the Obligation of Reasonable Adjustment, Australia and New Zealand Journal of Law & Education Vol 11, no 2, pp. 23–42

4. ‘Asking for the moon’? a critical assessment of Australian disability discrimination laws in promoting inclusion for students with disabilities (2004)

Article written by Katherine Lindsay and published in the International Journal of Inclusive Education (2004, Volume 8, Issue 4)

The aim of this paper is to critique the dichotomy between the legal regulation of disability discrimination in Australia, particularly in the State of New South Wales, and inclusion policy as espoused by public education authorities. It is argued that the law and inclusion policy are aiming at different outcomes. As a result, through legal regulation, New South Wales undermines the human rights of individuals with disabilities by restricting their access to ‘mainstream’ education. Extracts from a variety of sources are used to enable the voices of students, parents, carers, advocates, teachers and members of the judiciary to be heard, a novel approach in a paper which is essentially concerned with the law.

Citation: Katherine Lindsay, ‘Asking for the moon’? a critical assessment of Australian disability discrimination laws in promoting inclusion for students with disabilities,  (2004) International Journal of Inclusive Education 8(4) 373-390

5. The Impact of the Disability Discrimination Act on School Students with a Disability in Australia (2003)

Article written by Ian Dempsey and published in Australian and New Zealand Journal of Law and Education (2003, Volume 8)

This paper examines the relationship between the Commonwealth Disability Discrimination Act and recent educational policy, enrolment and educational outcomes for students with a disability in Australia. Particular attention is paid to recent trends and initiatives in NSW. The conclusion reached is that while educational policy for students with a disability is similar across the states and territories, and that these policies are broadly consistent with the principles espoused in the DDA, there is little evidence that the DDA has had a significant impact on enrolment patterns for students with a disability. Further, students with a disability continue to be excluded from significant aspects of education reform in Australia. Parent choice, the lack of education standards to supplement the DDA, professional development for teachers, and political expediency are discussed as potential reasons for the on-going exclusion of students with a disability from the education reform agenda and from more inclusive settings.

Citation: Ian Dempsey, The Impact of the Disability Discrimination Act on School Students with a Disability in Australia, 8 Austl. & N.Z. J.L. & Educ. 35 (2003)

India 

1. Inclusive Education in India: International concept, national interpretation (2005)

Article written by Nindhi Singal and published in International Journal of Disability, Development and Education (2005, Volume 53, Issue 3)

This article examines education of children belonging to marginalised groups, with particular reference to children with disabilities, within the Indian context. Based on an analysis of post‐independence Government documents, various educational provisions made available for children with disabilities are discussed. It explores the Indian Government’s focus on the development of special schools, its efforts towards integration, and the more recent emphasis on inclusive education. Furthermore, it attempts to elucidate “inclusive education” as understood in various official documents. The article concludes by arguing for a need to develop a contextual understanding of inclusive education that is reflective of current educational concerns in India.

Citation: Nindhi Singal, Inclusive Education in India: International concept, national interpretation, (2005) International Journal of Disability, Development and Education 53(3) 351-369

Hong Kong

1. Equality and Inclusion in Education for Persons with Disabilities: Article 24 of the Convention on the Rights of Persons with Disabilities and its Implementation in Hong Kong (2010)

Article written by Kelley Loper and published in Hong Kong Law Journal (2010 Volume 40, Part 2)

This article considers the extent to which a legal right to equality and non- discrimination – as it has been expressed and developed in international law, domestic legislation and constitutional provisions – can support inclusion in education for persons with disabilities. Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and other relevant human rights standards serve as reference points for this discussion. The article explores the concepts of disability (based on the social model), substantive equality, and inclusion and argues that these notions combine to form a theoretical foundation for a strong legal framework that requires transformative measures. It considers how these concepts are reflected in international human rights law and how they have been applied in Hong Kong domestic law. It concludes that legal reforms are necessary for Hong Kong to fully implement its obligations to ensure inclusive education and substantive equality under the CRPD.

Citation: Kelley Loper, Equality and Inclusion in Education for Persons with Disabilities: Article 24 of the Convention on the Rights of Persons with Disabilities and its Implementation in Hong Kong, 40 Hong Kong Law Journal 419 (2010)

2. The Sustainable Development of Inclusive Education (2007)

Article written by Leslie Nai-kwai Lo and published in Chinese Education and Society (2007 Volume 40, Issue 4)

The advent of inclusive education has quietly changed the ecology of Hong Kong’s educational system. Inclusive education is a product of education in the developed Western nations and has spread at the instigation of international organizations. It is a plan for educational development that is based on the concepts of human rights and peace and stresses respect for differences. However, it is also a means of man- aging schools that is easier to comprehend than to carry out. This paper attempts to explain the basic concepts of inclusive education, describe its operative elements, and discuss its practical problems. Drawing on research findings and developmental experience gained abroad and locally, the author makes some suggestions for the sustained development of inclusive education.

Citation: Leslie Nai-kwai Lo, The Sustainable Development of Inclusive Education, (2007) Chinese Education and Society, 2007 Volume 40, Issue 4, pp. 44-62

South Korea

1. The Diffusion of Disability Rights Policy: A Focus on Special Education in South Korea (2014)

Article written by Joan P. Yoo and Elizabeth Palley and published in International Journal of Disability, Development and Education (2014, Volume 61, Issue 4) This article examines the development of South Korean special education policy and suggests that different strategies of policy diffusion influenced the design of the policy at different times. Historically, South Korea relied on external pressures and influences, particularly US law and UN guidelines, to develop much of its human rights law, including special education. This article suggests that development of democratic infrastructure in South Korea led to improvements in the legislative development process in relation to current special education law, and this led to legislation that better identifies and addresses the needs of children with disabilities. Citation: Joan P. Yoo and Elizabeth Palley, The Diffusion of Disability Rights Policy: A Focus on Special Education in South Korea, (2014) International Journal of Disability, Development and Education 61(4) 362-376

b. Europe

Europe- general 

1. The EU Rights Based Approach to Disability: Strategies for Shaping an Inclusive Society (2005)

Article written by Anna Lawson and published in International Journal of Discrimination and Law (2005, Volume 6) The article first provides a brief examination of the more traditional approach to disability. It then sets out the essence of the emerging rights based approach before explaining briefly how this approach is shaping EU law and policy. In the final section author will suggest a number of strategies which may prove useful to disability organisations  and other campaigners in their efforts to ensure that disabled  people are able to play a full part in the life of their communities and that they are respected and valued in the same way as other citizens. Citation: Anna Lawson, The EU Rights Based Approach to Disability: Strategies for Shaping an Inclusive Society, 6 Int’l J. Discrimination & L 269 (2003-2005)

United Kingdom

1. Inclusive special education: development of a new theory for the education of children with special educational needs and disabilities (2015)

Article written by Garry Hornby and published in British Journal of Special Education (2015, Volume 42, Issue 3)

Inclusive education and special education are based on different philosophies and provide alternative views of education for children with special educational needs and disabilities. They are increasingly regarded as diametrically opposed in their approaches. This article presents a theory of inclusive special education that comprises a synthesis of the philosophy, values and practices of inclusive education with the interventions, strategies and procedures of special education. Development of inclusive special education aims to provide a vision and guidelines for policies, procedures and teaching strategies that will facilitate the provision of effective education for all children with special educational needs and disabilities.

Citation: Garry Hornby, Inclusive special education: development of a new theory for the education of children with special educational needs and disabilities, (2015) British Journal of Special Education, 42(3), 234-256

2. Illusionary inclusion – what went wrong with New Labour’s landmark educational policy? (2012)

Article written by Alan Hodkinson and published in British Journal of Special Education (2012, Volume 39, Issue 1)

This article examines the emergence and evolution of New Labour’s landmark educational policy; namely that of inclusion. The author illuminates his conceptual difficulties in attempting to define what inclusion was and what inclusive education became during the latter part of the twentieth century and first decade of the twenty-first century. Throughout this article he endeavours to observe and define inclusive education in England through the employment of critical analysis of teacher discourse and examination of the vocabulary of inclusion. The article’s contextual precept is that, rather than creating a brave new world for equality and social justice, inclusive education here was rendered illusionary by the actors who colonised and striated inclusion’s space upon a stage of competing policy initiatives and practicalities of educational settings.

Citation: Alan Hodkinson, Illusionary inclusion – what went wrong with New Labour’s landmark educational policy?, (2012) British Journal of Special Education, 39(1) 4–11

3. Dilemmas in the quest for inclusion (2005)

Article written by Klaus Wedell and published in British Journal of Special Education (2005, Volume 32 Issue 1)

The author explores the systemic rigidities that create barriers to inclusion; he offers creative ideas for new ways to approach the challenges of inclusion; and he argues persuasively for much greater flexibility, at a range of levels, in order to facilitate change, development and innovation. Building on these themes, the author summarises a series of implications for policy and practice. These concern teaching and learning; staffing and professional expertise; and grouping and locations for learning. In concluding his article, the author calls on the Government to consider in more depth the issues that are raised by moves towards inclusion – particularly those issues that concern the individual learner in relation to the shared curriculum. This article will be of interest to anyone who recognises these and other tensions in the movement towards inclusion.

Citation: Klaus Wedell, Dilemmas in the quest for inclusion, (2005) British Journal of Special Education 32(1) 3-11

4. Devolution and Disability Equality Legislation: The Implementation of Part 4 of the Disability Discrimination Act 1995 in England and Scotland (2003)

Article written by Shiela Riddell and published in British Journal of Special Education (2003, Volume 30, Issue 2)

Part 4 of the Disability Discrimination Act 1995 (as amended) came into force in September 2002. The Act covers Great Britain but, in relation to schools, is implemented through different special educational needs legislation in England and Scotland. This article by Sheila Riddell, Professor of Social Policy (Disability Studies) at Glasgow University and Director of the Strathclyde Centre for Disability Research, explores the key differences in these legal frameworks, and discusses their implications for delivering consistent anti-discrimination policies north and south of the border. Professor Riddell argues that there is a need for close monitoring of the implementation of Part 4 of the DDA in English and Scottish schools. If major differences in implementation of the legislation emerge over time, there may be a need to consider the case for devolving responsibility for equal opportunities to the Holyrood Parliament or amending national education legislation to make it more consistent.

Citation: Shiela Riddell, Devolution and Disability Equality Legislation: The Implementation of Part 4 of the Disability Discrimination Act 1995 in England and Scotland, (2003) British Journal of Special Education 30(2) 63-69

5. Inclusive education: a critical perspective (2003)

Article written by Geoff Lindsay and published in the British Journal of Special Education (2003, Volume 30, Issue 1)

The Gulliford Lecture 2002 was given by Professor Geoff Lindsay, Director of the Centre for Educational Development, Appraisal and Research (CEDAR) at the University of Warwick. Professor Lindsay’s lecture, on which this paper is based, addressed a number of key topics, including the development of inclusion and inclusive practices; models of special educational needs and disability; and the values that underpin our thinking about these matters. Basing his argument on the research evidence, Professor Lindsay provides a searching critique of prevailing notions about inclusion and of current approaches to research. Citation: Geoff Lindsay, Inclusive education: a critical perspective, (2003) British Journal of Special Education 30(1) 3–12

c. America

Canada 

1. Canada’s Implementation of the Right to Education for Students with Disabilities (2010)

Article written by Seema Shah and published in International Journal of Disability, Development and Education (2010, Volume 57, Issue 1)

This article analyses the content and legal implementation of the right to education as a human right in Canada. It seeks to expose the extent to which Canadian legislative mechanisms have succeeded in protecting the right to education of students with disabilities by using students with epilepsy as a test case. To that end, the article examines the barriers faced by students with epilepsy in realising their right to education. It explores the content of the right to education in international law so as to provide an ideal against which the legal implementation of the right to education in Canada can be measured. In examining the degree to which legal implementation of the right to education for students with disabilities lives up to the ideals espoused in international law, the article analyses the effectiveness of the legal mechanisms that implement the right to education for students with epilepsy in addressing the three types of barriers faced by these students. The revelation of where students with epilepsy fall through the cracks serves as a reflection of the limits of current legal mechanisms in protecting the right to education for students with disabilities.

Citation: Seema Shah, Canada’s Implementation of the Right to Education for Students with Disabilities, (2010)  International Journal of Disability, Development and Education 57(1) pp. 5-20

d. Africa

South Africa

1. Inclusive Basic Education in South Africa: Issues in Its Conceptualisation and Implementation (2015)

Article written by L.N. Murungi and published in Potchefstroom Electronic Law Journal (2015, Volume 18)

This article considers how “inclusive education” may be construed in accordance with the Constitution. It particularly assesses the existing approaches to inclusive education as compared to the right to “a basic education” provided under section 29 of the Constitution. Thereafter, the conceptualisation of inclusive basic education in South Africa is compared to the conceptualisation of inclusive education in international legal instruments. The provisions of the CRPD, which South Africa ratified on 30 November 2007, are particularly instructive in this regard. The article starts by setting out the background to the right to basic education and inclusive education in international law and South African law and policy.

Citation: L.N. Murungi, Inclusive Basic Education in South Africa: Issues in Its Conceptualisation and Implementation, 18 Potchefstroom Elec. L.J. 3159 (2015)

2. Human Right to Inclusive Education: Exploring a Double Discourse of Inclusive Education Using South Africa as a Case Study (2013)

Article written by Charles Ngwena and published in Netherlands Quarterly in Human Rights (2013, Volume 31)

The case of Western Cape Forum for Intellectual Disability demonstrates State ambivalence towards inclusive education.More generally, the article highlights the persistent dangers of an embedded double discourse of inclusive education that perpetuates the historical exclusion of disabled learners through State rhetoric and praxis that are outwardly committed to inclusive education, but are inwardly exclusionary.

Citation: Charles Ngwena, Human Right to Inclusive Education: Exploring a Double Discourse of Inclusive Education Using South Africa as a Case Study, 31 Neth. Q. Hum. Rts. 473 (2013)

3. Legislation and Policies: Progress towards the Right to Inclusive Education (2013)

Article written by Pierre du Plessis and published in De Jure (2013, Volume 46)

Inclusive education can be a success if we recognise that education is the joint responsibility of parents, teachers, curriculum  advisors and the community. A community-based  approach to inclusion is a central feature of inclusive schools. Belonging and support, which are  basic human rights,  are being turned into  rights that have to be earned.Inclusive education for all as enshrined in policies and legislation runs the risk of becoming exclusive for many in South Africa, especially the poor. If the emphasis is on testing and benchmarking of schools, it leaves little room for partnerships and inclusion. Social and educational transformation is not delivered by democratic elections and policy visions alone. It needs to be  won in complex and concerted  engagement with social,  political and economic forces, in which the development of new policies is simply one step.

Citation: Pierre du Plessis, Legislation and Policies: Progress towards the Right to Inclusive Education, 46 De Jure 76 (2013)

4. Western Cape Forum for Intellectual Disability v. Government of the Republic of South Africa: A Case Study of Contradictions in Inclusive Education (2013)

Article written by Charles Ngwena and published in African Disability Rights Year Book (2013, Volume 1)

Despite having an enabling constitutional environment, South Africa has been ambivalent about fulfilling its obligations under the CRPD. On the one hand, South Africa has made significant strides in establishing an enabling legal and policy environment for the attainment of inclusive education. Mainly as part of post-apartheid transformation, it has made significant strides in developing equality jurisprudence that comports not just with the notion of inclusive education, but inclusive citizenship generally. On the other hand, the policy background to the Western Cape Forum for Intellectual Disability case demonstrates poignantly contradictions in  the implementation of inclusive education by the state. The facts reveal a contradiction in state policy that outwardly embraces inclusive education but is inwardly exclusionary.

Citation: Charles Ngwena, Western Cape Forum for Intellectual Disability v. Government of the Republic of South Africa: A Case Study of Contradictions in Inclusive Education, 1 Afr. Disability Rts. Y.B. 139 (2013)

Botswana 

1. The Right to Inclusive Education in Botswana: Present Challenges and Future Prospects (2014)

Article written by Obonye Jones and published in African Disability Rights Yearbook (2014, Volume 2)

This article proceeds on the assumption that equipping children with disabilities with necessary education and skills through inclusive education will go a long way in ensuring both their personal and socio-economic development. It argues that the delivery of inclusive education to learners will be more effective if done through a human rights model.  Through this model,the inherent equality of all people is recognised regardless of differences, abilities or disabilities. The article argues that despite the fact that inclusive education has gained immeasurable currency in modem pedagogy, Botswana  has not done enough to cater for the education needs of children with disabilities and address the challenges that they face.

Citation: Obonye Jonas, The Right to Inclusive Education in Botswana: Present Challenges and Future Prospects, 2 Afr. Disability Rts. Y.B. 3 (2014)