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
18 - The Scope of Recognition and Protection of the Right to Inclusive Education in the African Human Rights System
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
After many decades of neglect, persons with disabilities are receiving ever growing attention within the African human rights system. This attention was initially triggered by the adoption of the Convention on the Rights of Persons with Disabilities (CRPD) in 2006. It is now being sustained by the numerous activities on the rights of persons with disabilities within the system, chiefly among which is an ongoing process of developing a regional disability rights treaty. This chapter analyses the scope of recognition and protection of the right of persons with disabilities to inclusive education as read into the existing regional human rights treaties by their respective monitoring bodies and as framed in the draft regional disability rights treaty. Drawing inspiration from the CRPD, the existing regional framework is gradually expanding to embrace the right to inclusive education. However, there are numerous missteps along the way and a tension still exists between seeing exclusive education as a desirable or distant goal and as a right to which persons with disabilities are entitled to.
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- Publisher: Cambridge University PressPrint publication year: 2019