Inclusive education as a human right

Davis, Juliet; Gillett-Swan, Jenna; Graham, Linda J.; Malaquias, Cátia

doi:10.4324/9781003116073-6

Cited by 9 publications

(8 citation statements)

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“…Less than a decade after Salamanca, international comparisons of student achievement identified serious equity gaps (Rose, 2015), further emphasising the need for instructional methods capable of meeting the needs of diverse learners. Not long thereafter in 2008, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) entered into force (Davis et al ., 2020). Article 24 of the CRPD outlined the right of children with a disability to an inclusive education, which has since been defined in General Comment No.…”

Section: Introductionmentioning

confidence: 99%

A scoping review of 20 years of research on differentiation: investigating conceptualisation, characteristics, and methods used

Graham

Bruin

Lassig

et al. 2020

Review of Education

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The use of a pedagogical practice known as ‘differentiation’ has become more common over time as educators have sought to respond to increases in the diversity of students enrolling in their local school. However, there are now so many misperceptions and definitional inconsistencies that it is difficult to know what is being enacted in the name of differentiation or indeed what is being researched internationally. The aim of this scoping review was to identify key characteristics of and conceptualisations within peer‐reviewed empirical research on differentiation published between 1999 and 2019, as well as to map the ways in which this body of research was produced. The Preferred Reporting Items for Systematic Reviews and Meta‐Analyses (PRISMA) guidelines were used to inform a systematic screening process and resulted in a final sample of 34 articles focusing on differentiation in regular schools. Half were conducted in the United States and most in the elementary school phase. Survey and case study designs were dominant, as was research of and influences on teacher practice. Only a small group of studies focused on differentiation's impact on student outcomes and these typically only examined specific elements of differentiation or its use in specific academic domains. The diversity of focus and methodological approaches across the 34 studies prevents comparison of findings and weakens the evidential basis to make claims of either differentiation's effectiveness or indeed its ineffectiveness. The review concludes with recommendations for future research and practice in this important area of practice.

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Section: Introductionmentioning

confidence: 99%

A scoping review of 20 years of research on differentiation: investigating conceptualisation, characteristics, and methods used

Graham

Bruin

Lassig

et al. 2020

Review of Education

Self Cite

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“…What Article 24 of the CRPD in effect seeks to do is to apply the normative standards embodied in the universal human right to education under international law to the specific situation of people with disability (Kayess & French, 2008). The explicit focus of Article 24 on inclusive education reflects the emergence of this notion in context as a counter-measure against the denial of education rights to people with disability through exclusion (Davis et al, 2020; Cukalevski & Malaquias, 2019). In essence, Article 24 imposes obligations on States Parties to ensure that people with disability can realise their right to education ‘without discrimination and on the basis of equality of opportunity’ (Art.…”

Section: Discussionmentioning

confidence: 99%

“…These include the 1982 World Programme of Action Concerning Disabled Persons (WPO) (adopted by the UN General Assembly at the end of the International Year of Disabled Persons in 1981), the 1993 UN Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (Equalisation Rules) (adopted at the end of the Decade of Disabled Persons declared from 1983 to 1992) and UNESCO's 1994 Salamanca Statement and Framework for Action on Special Needs Education (Salamanca Statement). The latter succeeded in carrying the notion of inclusive education for students with disability beyond the global disability agenda and into the Education for All movement, being led internationally by bodies including UNESCO and the World Bank, which had, until then, largely overlooked disability issues (Davis et al, 2020). While the WPO, the Equalisations Rules and the Salamanca Statement were the first prominent international instruments to express the guiding philosophy that students with disability should have opportunities to access the general education system as a means of achieving full participation in society and committed to a 'decrease in institutions and special schools' (WPO, para.…”

Section: Human Rights Framework and Key Conceptsmentioning

confidence: 99%

Unrealised promises and hollow claims: Australia’s failure to enact its international obligations under the CRPD for the education of students with disability

Malaquias

2022

Australian Journal of Education

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The adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2006 and, in particular, Article 24 was a landmark in the struggle of people with disability for recognition of their fundamental human rights, including their right to education. As a legally binding treaty under international law, imposing obligations on States Parties that signed and ratified it (including Australia), it required those States Parties to bring their domestic legislation into conformity with their CRPD obligations. The Disability Discrimination Act 1992 (DDA), and the Disability Standards for Education 2005 (Standards) made under it, remain the principal Australian statutory protection of the rights of students with disability to access education on the basis of equality and non-discrimination even though the DDA and the Standards preceded the CRPD. This article explores the proposition that the DDA and the Standards do not adequately implement Australia’s international legal obligations in relation to the education of students with disability. Note: This article makes use of agreed or legally defined terms. These terms are presented in italics throughout.

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“…The use of IQ assessments and other measures for measuring the degree of impairment in children became an integral and ultimately socially sanctified process. It is notable that this continued beyond the end of World War 2 even though the atrocities perpetrated in the name of eugenics were more widely understood and shunned, including the violence perpetrated against children and adults with disability (Davis et al, 2020). Yet the stratified and segregated nature of a dual track system became well established.…”

Section: The Initial Conditions Of ‘Universal’ State-based Public Edu...mentioning

confidence: 99%

Learning in the shadow of eugenics: Why segregated schooling persists in Australia

Bruin

2022

Australian Journal of Education

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Inclusive education is a global priority and binding obligation for Australia to meet as a signatory to international human rights treaties. It is also supported by evidence as an effective model of schooling for all students and supporting those with disability. Yet segregation remains deeply embedded within the education systems of all states and territories and the Australian Government has indicated its commitment to retaining it. In this article, I present a policy analysis using the concept of path dependency to identify historical events that created this dual track of segregated and regular education settings as well as the mechanisms that maintain it. I show that eugenic anxieties were fundamental in the formalised creation of segregated education settings. I also show that their expansion was fuelled by the rise of disability assessments, particularly the assessment of intellectual disability, and remain embedded in current policy even when they are antithetical to its goals. I conclude with suggestions for how this might be overcome and what it might take to achieve an inclusive education system in Australia.

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Inclusive education as a human right

Cited by 9 publications

References 0 publications

A scoping review of 20 years of research on differentiation: investigating conceptualisation, characteristics, and methods used

A scoping review of 20 years of research on differentiation: investigating conceptualisation, characteristics, and methods used

Unrealised promises and hollow claims: Australia’s failure to enact its international obligations under the CRPD for the education of students with disability

Learning in the shadow of eugenics: Why segregated schooling persists in Australia

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