Book contents
- The Right to Inclusive Education in International Human Rights Law
- Cambridge Disability Law and Policy Series
- The Right to Inclusive Education in International Human Rights Law
- Copyright page
- Contents
- Notes on Contributors
- Acknowledgements
- Preface by Theresia Degener
- The Arthur Cox Foundation
- 1 Introduction
- Part I Background
- Part II Theoretical Foundations
- Part III Implementation
- A Strategies
- B Mechanisms
- 15 Inclusive Education
- 16 Emerging Trends in the Jurisprudence of the European Court of Human Rights
- 17 Emerging Jurisprudence on Inclusive Education under the European Social Charter (Revised)
- 18 The Scope of Recognition and Protection of the Right to Inclusive Education in the African Human Rights System
- Part IV Practice
- Index
16 - Emerging Trends in the Jurisprudence of the European Court of Human Rights
The Right to Education for Persons with Disabilities
from B - Mechanisms
Published online by Cambridge University Press: 15 April 2019
Book contents
- The Right to Inclusive Education in International Human Rights Law
- Cambridge Disability Law and Policy Series
- The Right to Inclusive Education in International Human Rights Law
- Copyright page
- Contents
- Notes on Contributors
- Acknowledgements
- Preface by Theresia Degener
- The Arthur Cox Foundation
- 1 Introduction
- Part I Background
- Part II Theoretical Foundations
- Part III Implementation
- A Strategies
- B Mechanisms
- 15 Inclusive Education
- 16 Emerging Trends in the Jurisprudence of the European Court of Human Rights
- 17 Emerging Jurisprudence on Inclusive Education under the European Social Charter (Revised)
- 18 The Scope of Recognition and Protection of the Right to Inclusive Education in the African Human Rights System
- Part IV Practice
- Index
Summary
The Strasbourg Court’s recent approach to the interpretation of the non-discrimination norm under Article 14 of the European Convention on Human Rights (ECHR) signals a marked change from its longstanding failure to deal with equality issues under the ECHR in a manner that could address structural inequality. In particular, there have been significant emerging trends in the jurisprudence of the European Court of Human Rights (ECtHR) related to Roma education and also in the Court’s disability discrimination case law. The trends appear to have been influenced, to some extent, by developments in international human rights law. These emerging trends are potentially significant in increasing protection of the rights of persons with disabilities, specifically in the context of ensuring the right to education for disabled individuals. This chapter examines the case law of the ECtHR related to Roma education and disability discrimination, with a view to discerning the emerging trends in the jurisprudence of the Strasbourg Court, which can potentially serve as a foundation for advancing disability claims pertaining to the right to education, in particular in light of the mandate of inclusive education contained in Article 24 of the CRPD.
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- Publisher: Cambridge University PressPrint publication year: 2019
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