The Right to Inclusive Education for Children with Disabilities – Innovations in the CRPD

Abstract

This chapter discusses the right to inclusive education for children with disabilities under Article 24(1)-(4) of the Convention on the Rights of Persons with Disabilities (CRPD). The discussion of tertiary education, vocational training, adult education and lifelong learning is left for another day. As Article 24 CRPD is a very recent addition to the field of international human rights protection, and given the absence of practice and guidance from the Committee on the Rights of Persons with Disabilities, it will not be possible to present any decisive conclusions on the many complex borderline issues that arise in relation to the subject matter. Instead, this chapter has the purpose of providing an initial interpretative excursion into clarifying the normative content of Article 24(1)-(4) from a legal dogmatic perspective. This provides the necessary basic research on the right to education under the Convention that is a prerequisite for any further academic work and analysis.