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22 - The Past, Present and Future of the Right to Inclusive Education in Italy

from Part IV - Practice

Published online by Cambridge University Press:  15 April 2019

Gauthier de Beco
Affiliation:
University of Huddersfield
Shivaun Quinlivan
Affiliation:
National University of Ireland, Galway
Janet E. Lord
Affiliation:
Harvard Law School Project on Disability
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Summary

This chapter examines the Italian legal framework on the right to education of persons with disabilities and its most recent developments. It discusses the extent to which inclusive education is reflected in the Italian Constitution and in national legislation. It gives an account of the long process of inclusion of children with disabilities in mainstream schools which has occurred since the 1970s. It then critically analyses the practical implementation of the legislative framework in light of domestic case law, domestic monitoring, and of the CRPD Committee’s Concluding Observation on the Italian Report on the implementation of the CRPD. Finally, the chapter examines the new Law 107/2015 on the reform of the educational system. This piece of legislation has commenced a process of alteration of the existing system, in order to solve at least some of the emerging problems, and to fully align the educational system with the wide-ranging obligations enshrined in Article 24 of the CRPD. Ultimately this chapter argues that Italy is committed to the full inclusion of students with disabilities, but, so far, the implementation of substantially progressive legislation has fallen short of the objective of inclusive education prescribed by the CRPD.
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Publisher: Cambridge University Press
Print publication year: 2019

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