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

Abstract

Since the 1970s, Italy has undertaken a process of inclusion of children with disabilities in mainstream schools, has implemented an anti-discriminatory educational policy, and abandoned segregated educational practices. In September 2014, the Italian Government initiated a process of "modernization" of the whole educational system, and attempted to fully align domestic legislation with the wide-ranging obligations enshrined in Article 24 CRPD. Law No. 107/2015 on the reform of the educational system empowered the Government to adopt legislative decrees to promote inter alia an effective and inclusive education for persons with disabilities. After a long and somewhat troubled process, a legislative decree on inclusive education was finally adopted in April 2017. This article, building upon previous research, critically discusses the innovations brought by this recent reform, situating them in the broader Italian legislative framework on the rights of people with disabilities. By focusing on Italy as a case-study, this article aims to reflect on the challenges surrounding the creation of an inclusionary educational system that goes beyond a mere integration in mainstream schools and ensures full and effective participation of all learners, meeting the standards imposed by Article 24 CRPD.

Implementation of Inclusive Education Under the Convention on the Rights of Disabled People: A Comparative Legal Aspect

“…The right of all students, including those with severe developmental disabilities, to receive education in secondary schools was confirmed in 1987 by a decision of the Italian Constitutional Court № 215. It can be stated that Italy's regulatory policy in the field of education is an exceptional example of an anti-discrimination approach to the education of people with disabilities (Ferri, 2018). The ratification of the UN Convention on the Rights of Persons with Disabilities for inclusive education in Italy was more likely to be of verification value, without introducing fundamental changes in the education system of citizens with disabilities.…”