The Right to Inclusive Education Under International Law: Following Italy's Lead

Abstract

It is estimated in the world today, that more than one billion people have a disability (World Health Organization, 2011). Many people with disabilities receive no education, and, of those who do, few receive an education on an equal basis with their non-disabled peers. In 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD). The CRPD seeks to achieve equality for people with disabilities in all areas of life, including education. Article 24 of the CRPD specifically calls upon States Parties to “ensure an inclusive education system at all levels and lifelong learning” (United Nations, 2006, Art.24, para. 1). In this article, the authors provide an overview of the right to inclusive education under international law prior to the CRPD, followed by a discussion of Article 24 of the CRPD. The authors then discuss the role of inclusive education in Italy, which has long been regarded as a leader in the field of inclusive education. The authors conclude the article with a discussion of lessons learned from the Italian experience that may help other countries as they work towards implementation of Article 24's mandate of an inclusive education system.

Unveiling the Challenges in the Implementation of Article 24 CRPD on the Right to Inclusive Education. A Case-Study from Italy

“…4 (CRPD Committee 2016b), acknowledged that, for many persons with disabilities around the world education is still available only in segregated settings, where they are isolated from their peers and where the education they receive is of an inferior quality. In this respect, it is undeniable that Italy has provided and still provides an important example of non-discriminatory educational system to be looked at (Kanter et al 2014). Children with disabilities in Italy have the right to access free primary education and secondary education on an equal basis with others, in the communities in which they live.…”

Social pedagogy in a human rights context: Lessons from primary schools in Iceland

“…Furthermore, he views education as a multiplier since it enables people to exercise other human rights such as economic, social and cultural rights and argues that education improves one's self-esteem and facilitates social mobility which is essential for every human being. Kanter et al (2014) and Ainscow (2005) support this view when they argue that children with disabilities that have been to mainstream schools have greater chances to be full participants in society since inclusive thinking and practices help build more tolerant societies. This is in line with the assertion presented by Giangreco et al (2012) when they highlight that belonging is a fundamental right and inclusion benefits everyone.…”

“…The CRPD recasts disability as a social construction and brings a human rights dimension to disability issues which distances itself from the medical understanding (de Beco, 2014(de Beco, , 2016Kanter et al, 2014). According to the medical understanding the focus is on the impairment or what is 'wrong' with the person and not what the person needs (Goodley, 2011).…”

The Right to Inclusive Education of Persons with Disabilities in Italy. Reflections and Perspectives

“…The Italian regulation, widely considered among the most advanced ones both here in Europe and in the world, has abandoned long time ago its original assistance-based approach to embrace the concepts of inclusion and social participation (Karagiannis, Stainback, & Stainback 1996;Kauffman, 1999;Kavale & Forness, 2000;Kanter, Damiani, & Ferri, 2014).…”

“…Accordingly, the signatory States to the Convention shall ensure to persons with disabilities an inclusive education system at all levels and a lifelong learning, on an equal basis with others, including the adoption of personalised forms of communication and supporting measures, with the goal of full inclusion and within the general education system. Moreover, education must be able to promote social participation, the sense of dignity, self-esteem and the full development of disabled persons' abilities 18 (Kanter, Damiani, & Ferri, 2014;WEAC.org, 2015).…”