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

Children with disabilities experience ongoing segregation in special education classes or are otherwise excluded from education. This is in spite of the fact that States have a legal obligation to offer an accessible and inclusive education to all learners. Exclusion of any child from education is a violation of international law and a breach of human rights. The provision of inclusive education is an obligation under international law, as well as the means by which to fulfil the additional legal obligation to make education accessible to children with disabilities. Inclusive education is not only an educational system, but an approach and an attitude which addresses the learning needs of all learners and allows for the greatest possible educational opportunities. Inclusive education prevents exclusion and promotes the participation of all children in the educational setting and beyond. This report provides an interpretation and legal analysis of the right to education, and specifically inclusive education, under the United Nations Convention on the Rights of the Child (“CRC”) and the United Nations Convention on the Rights of Persons with Disabilities (“CRPD”). The rules of interpretation codified in the Vienna Convention on the Law of Treaties are explained and used in this interpretation process. The report discusses the obligations of State Parties, policy makers, and educational professionals to make inclusive education for all learners a reality. The obligations from the Conventions are clarified through an interpretation of the treaty texts and an examination of the works of the treaty body committees. The report also makes recommendations and conclusions relating to the right to inclusive education found in these legally binding instruments.

Lise Claiborne and Vishalache Balakrishnan share views of educators and policy-makers from Asia-Pacific and Europe that have seldom been heard in international debates on inclusion.

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.

Seeks to engage with researchers, students, education professionals, leaders, advocacy organisations, and people experiencing exclusion to consider human rights in relation to inclusive education.

This book recognizes the importance of an informed cross-cultural understanding of the policies and practices of different societies within the field of disability, human rights and education. It represents an attempt to critically engage with issues arising from the historical and contemporary domination of portrayals of 'the western' as advanced, democratic and exemplary, in contrast to the construction of the 'rest of the world' as backward, primitive and inferior in these fundamental areas. How human rights are understood in different contexts is a key theme in this book. Importantly, some contributors raise questions about the value of a 'human rights' model across all societies. Other contributors see the struggle for human rights as at the heart of the struggle for an inclusive society. The implications for education arising from this debate are identified, and a series of questions are raised by each author for further reflection and discussion as well as providing a stimulus for developing future research. Disability, Human Rights and Education is recommended reading for students and researchers interested in Disability Studies, inclusive education and social policy. It is also directly relevant to professionals and policy makers in the field seeking a greater understanding of cross-cultural perspectives.