1. Introduction
1. As a group, children and adults with disabilities
often suffer different forms of discrimination and, despite existing
legislation, they often lack sufficient government and social support
for their full integration into society. This also applies to education
systems, where professionals and administrators are not always sure
how to guarantee the right of children with disabilities to an education
and/or how to cater for their individual needs successfully and
efficiently.
2. About 10% of the world’s population are estimated to have
some form of a disability
and of this
number, totaling 650 million individuals, one third are children
with disabilities. Based on a UNESCO report (2006),
one third
of the 75 million children of primary school age who do not attend
school, are children with disabilities. Therefore, children with
disabilities are “among the most marginalised and least likely to
go to school”.
The picture
is getting even worse for girls with disabilities, children from
rural areas, children from low socio-economic status, children of
minority status, and those affected by HIV/Aids.
3. Although the right to education is enshrined in Article 2
of the 1952 Protocol to the European Convention on Human Rights,
it is evident that children with disabilities always face particular
obstacles in attending and completing schools.
In some countries, children
with disabilities cannot go to school either because their families
do not know of their child’s right to education, or because families
prefer to spend their resources on their non-disabled children,
or the schools cannot accommodate these children and their individual
needs. Therefore, these children are not allowed to enroll, or enroll,
but soon drop out, or some of these children can go to a type of
school called a “special school”, which is often at a considerable
distance from the family environment and separates the children
from their peers.
2. Understanding disability
4. Throughout the world, individuals with disabilities
are confronted with significant barriers to their fundamental human
rights. They experience stigma, societal prejudice and they suffer
many different forms of exclusion from society be it economic, cultural
or political.
5. Our modern society fortifies the binary systems of able/disabled
or normal/abnormal. Disability is seen as a physical problem to
be “cured” – it is a medically-based perception and the social assembly
of these views results in cultural representations of “the other”.
Even children with disabilities face these binary systems regardless
of their young age.
6. The different conceptual models that are used to understand
and to explain disability can help us to change the binary systems
as well as the representations of “the other” in our society. We
may see the expressions of these models within a dialectic continuum
of “medical model” versus “social model”. The medical model describes
disability “as a problem of the person, directly caused by disease,
trauma or other health condition, which requires medical care provided
in the form of individual treatment by professionals”.
Within the medical model, disability
is seen as a physical problem to be “cured”.
7. On the other hand, the social model describes disability “not
as an attribute of an individual, but rather as a complex collection
of conditions, many of which were created by the social environment”.9 Therefore, disability
is seen as a socially created problem. Possible consequences of
this socially created problem are oppression, stigmatisation and/or
exclusion for all individuals with disabilities.
8. Are the stated models sufficient to explain disability and
to overcome oppression, stigmatisation and/or exclusion? Again thinking
of children with disabilities who have the right to education, is
it possible to create “barrier-free”, learning-friendly and accessible
environments in every school so that children will have the opportunities
to reach their academic, social, emotional and physical potentials?
9. To answer these questions, a new approach is necessary. This
new model should integrate the “medical model” and the “social model”.
The WHO International Classification of Functioning, Disability
and Health (ICF) uses a “bio psychosocial model” to classify functioning
and disability in an interactive process. According to the ICF,
disability is defined as “the outcome or result of a complex relationship
between an individual’s health condition and personal factors, and
of the external factors that represent the circumstances in which
the individual lives”.9 Additionally,
the WHO initiated International Classification of Functioning, Disability
and Health for Children and Youth
(ICF-CY)
which is derived from the ICF. ICF-CY emphasises key issues such as
the developing child in the context of the family, developmental
delay, nature of cognition, language, play and behavior. ICF and
ICF-CY both describe the situation of each individual (child, youth
and adult) “within the context of environmental and personal factors”
rather than only classify each individual according to his/her health
or health-related conditions.10
10. Therefore, environmental factors as well as personal factors
are important in understanding disabling conditions. We all know
that every child is unique and different and we also know that children
with disabilities are not a homogenous group. Just like their non-disabled
peers, children with disabilities have individual needs and experience
different barriers. The “bio psychosocial model” helps us to see
that children with disabilities have different abilities, learn
in different ways and at different paces depending on their environmental
factors (such as access to early identification and intervention
programmes, legal and regulatory systems; inclusive school and classroom
environments, supportive family environment) as well as on their
personal factors (such as low self-esteem, lack of self-confidence
and motivation). Overall, this model integrates the human rights perspective
and positions itself against any form of discrimination.
3. Understanding the right to
education for children with disabilities
11. The right to education is universal and includes
all individuals with disabilities. This right has been enshrined
in a number of conventions, international declarations, recommendations
and plans.
12. Article 26 of the Universal Declaration of Human Rights (1948)
declares that “everyone has the right to education. Education shall
be free, at least in elementary and fundamental stages. Elementary
education shall be compulsory. Education shall be directed to the
full development of human personality and to the strengthening of
respect for human rights and fundamental freedom.”
13. Articles 2 and 23 of the United Nations Convention on the
Rights of the Child (1989) state that States Parties shall “respect
and ensure the rights to each child within their jurisdiction without
discrimination of any kind, irrespective of the child’s or his or
her parent’s or legal guardian’s race, color, sex, language, religion, political
or other opinion, national, ethnic or social origin, property, disability,
birth or other status” (Article 2 [1]), and that “a mentally or
physically disabled child should enjoy a full and decent life, in
conditions, which ensure dignity, promote self-reliance and facilitate
the child’s active participation in the community” 9 (Article 23
[1]).
14. The United Nations Standard Rules on the Equalization of Opportunities
for Persons with Disabilities (1993) emphasises the importance of
equalisation of opportunities for individuals with disabilities.
Especially, Rule 6 emphasises “the principle of equal primary, secondary
and tertiary educational opportunities for children, youth and adults
with disabilities, in integrated settings”. Some of the areas related
to rights to schooling in these standard rules are accommodating
educational provisions for individuals with disabilities in the
mainstream school system, therefore states should have “a clearly
stated policy, understood and accepted at the school level and by
the wider community”.
15. The Salamanca Statement (UNESCO, 1994), which was proclaimed
by delegates representing 92 governments and 25 international organisations,
states in Paragraph 2 these important clauses: Every child has a
fundamental right to education, and must be given the opportunity
to achieve and maintain an acceptable level of learning; every child
has unique characteristics, interests, abilities and learning needs;
education systems should be designed and educational programmes
implemented to take into account the wide diversity of these characteristics
and needs; those with special educational needs must have access
to regular schools which should accommodate them within a child-centered
pedagogy capable of meeting these needs; regular schools with this
inclusive orientation are the most effective means of combating
discriminatory attitudes, creating welcoming communities, building
an inclusive society and achieving education for all; moreover,
they provide an effective education to the majority of children
and improve the efficiency and ultimately the cost-effectiveness
of the entire education system. Clauses emphasise each child’s right
to education, the uniqueness of each child, operations of educational
systems, inclusive orientation for children with disabilities, rationale
for regular school for all children. Moreover, the Salamanca Statement
supports the inclusive orientation for children with disabilities
with a broader societal goal for a democratic society stating: “The
trend in social policy during the past two decades has been to promote
integration and participation and to combat exclusion. Inclusion
and participation are essential to human dignity and exercise of
human rights”.
16. Another important document is the European Social Charter
(1961, revised in 1996). According to Article 15, individuals with
disabilities have the right to be independent, to be socially integrated
and to participate in the community where they live. Moreover, Article
17 guarantees the right of children and young individuals to grow
up in an environment that encourages the full development of their
personality and their physical and mental capacities. It also adresses
a free primary and secondary education and supports regular attendance at
schools.
17. Education for All (EFA: The World Education Forum in Dakar
[2000]) advocates the idea of expanding and improving comprehensive
early childhood care and education, especially for the most vulnerable
and disadvantaged children, including ones with disabilities. The
forum states that all children should have the opportunity to practice
their right to “basic” education in schools or alternative programmes.
The international agreement on the 2015 target date for achieving
Universal Primary Education (UPE) includes children with disabilities,
children from disadvantaged ethnic minorities and migrant populations,
from remote and isolated communities and from urban slums and others
excluded from education.
18. The Council of the European Union decided that the year 2003
be declared as the European Year of People with Disabilities (EYPD)
to promote the notion of a barrier-free society for Europeans with
disabilities. The European Year was organised by the European Commission
in collaboration with the European Disability Forum (EDF). Some
of the goals of the 2003 EYPD were: to raise awareness in relation
to disability issues and rights of individuals with disabilities;
to promote the exchange of experience of good practice and effective strategies;
to pay special attention to the right of children and young people
with disabilities for equality in education.
It
should also be noted that in that year, 2003, the Council of Europe
organised the Second European Conference of Ministers responsible
for integration policies for people with disabilities, in Malaga, Spain,
7 to 8 May 2003. The Political Declaration, adopted by Ministers
at the Malaga Conference includes several explicit references to
the right to education of people with disabilities (paragraphs 20
to 22, 35 and 41).
19. The United Nations Convention on the Rights of Persons with
Disabilities (2006) is an important convention that states: “…children
with disabilities should have full enjoyment of all human rights
and fundamental freedoms on an equal basis with other children,
and recalling obligations to that end undertaken by States Parties
to the Convention on the Rights of the Child … ” (Preamble, r.).
Under the Article 24-2 of the convention; “that children with disabilities
are not excluded from free and compulsory primary education, or from
secondary education on the basis of disability” and again under
the Article 24-3 of the convention; “facilitating the learning of
Braille, alternative script, augmentative and alternative modes,
means and formats of communication and orientation and mobility
skills, and facilitating peer support and mentoring; facilitating
the learning of sign language and the promotion of the linguistic
identity of the deaf community; ensuring that the education of persons,
and in particular children, who are blind, deaf or deaf blind, is
delivered in the most appropriate languages and modes and means
of communication for the individual, and in environments which maximise
academic and social development”. Article 30 of the convention focuses
on participation in cultural life, recreation, leisure and sport.
This article supports the idea of enabling children with disabilities
to have equal access with other children to participation in play,
recreation and leisure and sporting activities, including these
activities in the school system.
20. The Parliamentary Assembly has generated many disability-related
recommendations and resolutions. Some of them are very specific,
such as
Recommendation
1598 (2003) on protection of sign language in the member states
of the Council of Europe and
Recommendation
1562 (2002) on controlling the diagnosis and treatment of hyperactive
children in Europe. Some of them are more general and comprehensive,
such as
Recommendation
1185 (1992) on rehabilitation policies for the disabled,
Recommendation 1592 (2003) “Towards full social inclusion of persons with disabilities”
and
Recommendation 1854
(2009) on access to rights for people with disabilities and
their full and active participation in society.
21. The Council of Europe Disability Action Plan 2006-2015
promotes
equality of opportunities, active participation, independent living,
and education for people with disabilities within an anti-discriminatory
and human rights framework. The plan consists of 15 key action lines
to improve the situation of people with disabilities in Europe.
The plan regroups certain groups of people with disabilities who
may face multiple discrimination under so-called cross-cutting aspects,
such as women and girls with disabilities, people with disabilities
in need of a high level of support, children with disabilities (referring
to their right to education, amongst other issues), ageing of people
with disabilities and people with disabilities from minorities and
who are migrants. The plan’s Action Line No. 4 on Education lists
four specific objectives and 13 specific actions to be taken by
member states, such as promoting legislation, policies and planning
for the prevention of discrimination in the access to education
in all phases; encouraging and promoting a unified system with the goal
of full inclusion; enabling early assessment; implementing and monitoring
individualised educational plans, keeping in mind that parents of
children are active agents in the preparation; encouraging staff
training based on disability awareness and appropriate use of educational
techniques and materials; making all educational techniques and
materials accessible to children with disabilities in inclusive
educational settings. The Action Plan also provides action lines
which are directly related to guaranteeing rights, such as health
care, awareness raising, transportation, the built environment based
on the principles of Universal Design.
22. Although many conventions, international declarations, recommendations
and plans have been formulated concerning children’s rights and
the right to education, schools have still been permitted to exclude children
with disabilities, and have often done so. This is because the right
to education for children with disabilities is enforced within a
framework that is targeting mostly special schools, specialised
institutions and special education teachers. If our aim is to guarantee
the right to schooling for children with disabilities, even in the
case where the disabling condition precludes this right, what kind
of framework should we need for our schools in general? We need
a kind of framework that accepts diversity of personal situations
and develops mutual solidarity, and functions within the society.
This is only possible within the framework of inclusive education.
4. Guaranteeing the right to education
within an inclusive framework
23. Inclusion is a “philosophy that urges schools, neighbourhoods,
and communities to welcome and value everyone, regardless of differences”.
This
philosophy reflects itself in educational practices where a notion of
social justice advocates access to equal opportunities for all students
regardless of their physical, intellectual, emotional, cultural
or other conditions.
24. Of course, legal arrangements/regulations, materials, resources,
support services and effective cooperation/collaboration between
institutions play important roles in the practices of inclusion.
25. Based on the research conducted to understand the important
determinants of the inclusive education practices,
the general barriers (for example,
non-accessible physical structure of the school, lack of transportation
to the school, shortages of trained professionals) and as well as
facilitating factors (for example, trained professionals, positive
attitudes towards disabilities) seem very significant. Pivik et
al. (2002) summarise the barriers as environmental, intentional
attitudinal, and unintentional attitudinal. Environmental barriers
are the barriers related to the architectural and physical accessibility
problems which prevent or inhibit children with disabilities from
attending or participating within regular education settings. But
how can we have equal access to educational opportunities or overcome
environmental barriers? The solution is to start by modifying existing
architecture and ensuring all new construction meets with federal
guidelines as stated in the Council of Europe Disability Action
Plan 2006-2015.
26. For example, in Turkey, this is enshrined also in Article
15 of the Disability Act (2005): the right of education of people
with disabilities cannot be prevented for any reason. Children,
youngsters, and adults with disabilities are provided with equal
educational opportunities in inclusive environments with the people
without disabilities.
27. While overcoming the environmental barriers, and applying
the universal design approach, a more challenging endeavour awaits
us: the change of the intentional and unintentional attitudes that
some individuals have against children with disabilities. For example,
in school settings, students without disabilities often congregate
with those with whom they feel most comfortable while excluding
those with disabilities – intentionally or unintentionally. But
this leads to de facto segregation from their peers with disabilities.
28. Unfortunately, attitudinal prejudice by individuals against
children with disabilities is not limited to their classmates. A
study had shown that many mainstream education teachers identified
that their initial reactions to having students with disabilities
in their classrooms were negative.
29. Even if all legal regulations are fulfilled and resources
are provided, the inclusive education approach has a smaller chance
of being successful if the individuals who are implementing it and
the individuals who are affected by the approach have a negative
attitude from the beginning. Therefore, the success of inclusive education
depends on the positive attitudes of children, teachers, parents,
guardians, government, culture
and society in general that advocate “not just active participation
in the schools but active participation in the society”.
5. Inclusive education applications
at international level
30. In each country, the conceptualisation and implementation
of inclusion have been affected by national contexts as well as
international advancements. First of all, inclusion is rooted in
the right to education as stated in Article 26 of the Universal
Declaration of Human Rights (1948). Additionally, the UNESCO
Guidelines for Inclusion (2005)
establish
cross-governmental support for inclusive education. With UNESCO’s
report, integration is defined as the simple movement for students
with special needs and practices into mainstream schools. However,
more organisational changes are needed for student diversity in
schools, such as changes in curricula, teaching strategies, learning
approaches. These changes are only possible with inclusive education.
The UNESCO international guideline does not guarantee uniformity
of approaches among nor even within countries. As Mitchell states,
inclusive
education reflects “the relationships among the social, political, economic,
cultural, and historical contexts that are present at any one time
in a particular country and/or local authority”. Therefore, inclusion
requires commitment from a range of stakeholders including governments, teachers,
the school community, students, parents and society in general within
a given time period.
31. But is it possible to see some examples of inclusive education
applications around the world? Let’s give a brief picture about
the key issues related to the application of inclusive education.
32. Starting with Germany: the Ministers of Education and Cultural
Affairs of the Federal Republic of Germany, the KMK, organised the
special education in each
Länder especially
by the Recommendations on the Organisation of Special Education
(decision of March 1972), and recommendations for all types of special schools
(
Sonderschulen). The current
situation is acknowledged in the Recommendation on Special Education in
the Schools of the Federal Republic of Germany (decision of 6 May
1994). The main purpose of this recommendation is to create equal
opportunities for individuals with disabilities by enforcing higher
standards of special educational support in mainstream schools as
well as schools for children with disabilities only. Until 1999,
the KMK endorsed recommendations for the “emphasis of individual
education support” (
Förderschwerpunkte)
with respect to certain disabling conditions such as; hearing disabilities,
visual disabilities, intellectual disabilities, physical disabilities,
learning disabilities, autism. Each of these
Förderschwerpunkte includes
information about disabling conditions, diagnosis, the provision
of special needs education and possible placements. In all of the
16
Länder, children with disabilities
are integrated in mainstream schools – especially in primary schools.
However,
within the signature of the UN Charter, 2009, the KMK-Working Group
starts to develop concepts towards a more inclusive educational
system. The
Länder have established
a system of co-operation between special schools and mainstream
schools. And later all special schools work as “resource centers”.
From this perspective, there are even some schools for children with
disabilities coming from minority groups. In these schools, children
with disabilities from minority groups benefit from the same curriculum
as the majority groups (for example, Phalzinstitut für Hörsprachbehinderte).
33. In England, the principles of the Salamanca Statement of UNESCO
and guidance documents to schools such as the
Index
for Inclusion assert
that schools should educate increasing numbers of children with disabilities
including
all groups of learners
who have historically been marginalised as well.
34. In the United States; the process of special education has
its roots in the 19th century. During the 1970s, the first legal
issue regarding inclusion arose with the protest of parents of children
with disabilities due to the stigmatisation of these children within
the general school setting. The No Child Left Behind Act (NCLB)
of 2001 and the reauthorisation of the Individuals with Disabilities
Education Improvement Act (IDEIA, 2004) mandate providing accountability
measures for instruction and assessment of children with disabilities.
These
laws include the adaptation of all public schools to serve all children
with disabilities, a non-discriminatory evaluation process, individualised
educational programmes (IEPs), least restrictive environment (LRE),
family involvement and the usage of appropriate methods.
35. In Italy, since 1971, the government has mandated that all
children with disabilities have the right to attend general education
classes in public schools (National Law 118). Additionally, in 1977,
National Law 517 was declared, which more clearly specifies strategies
for achieving the full inclusion of students with disabilities. As
a result of this legislation, Italy has dramatically reduced the
number of special schools for students with disabilities and has
made general education classrooms accessible to nearly all students,
even those with severe disabilities.
Although Italy’s initial attempts
at inclusive practices were faced with some resistance from parents
as well as teachers, more current research and anecdotal reports
have showed that the large majority of parents and educators in
Italy are supportive of including all students in the general education classroom.
Not surprisingly, Italy has become
a good example of how inclusive practices can be managed.
36. In Turkey, according to the Special Education Regulation of
Minister of Education, “inclusion” is defined as “special education
applications that provide supportive educational services to individuals
who are in need of special education, based on the principle that
they continue their learning and education with peers who are not
in need, throughout public and private preschool, primary, secondary
schools and informal education” (2000, Section 7, item 67). One
principle of the National Education Law (2000) is that education
for children with disabilities should be provided in the “least
restrictive environment (LRE)”, meaning that the environment that
is most similar to, if not the same as, the general education setting,
in which a child with disabilities can receive a regular education.
Therefore the Turkish Special Education
Legislation states that all children, regardless of their disabilities,
have the right to education. It also promotes inclusive practices
in all levels of schools. And recently, the Turkish President, with
the collaboration of one non-governmental organisation working on
disability rights, started a campaign named “education enables”
for inclusive practices in all levels of schools.
6. Conclusions
37. The rapporteur believes that the right to education
is universal and should extend to all children, youth and adults
with disabilities. This right is enforced in the conventions as
well as in several significant, internationally approved declarations
such as the World Declaration for Education for All (1990), the
UNESCO Salamanca Statement and Framework for Action (1994), the
Dakar Framework for Action (2000) and the United Nations Convention
on the Rights of Persons with Disabilities (2006) as well as in
relevant instruments of the Council of Europe, such as the European
Convention on Human Rights, the European Social Charter and revised
European Social Charter, and the Council of Europe Disability Action
Plan 2006-2015.
38. The rapporteur is convinced that inclusive education includes
four pillars of education for the 21st century: “learning to know,
learning to do, learning to be and learning to live together”.
Therefore, inclusive education
should include teachers, students, parents, guardians and society
in general as well as methodologies, curricula, textbooks, materials.
The advantage of inclusion is that it allows children with disabilities
to become more integrated into their local communities and to get
to know other children, who in turn learn how to relate to them
and see them as children first and foremost. Another advantage is
that the care, services and support made available to children with
disabilities can be evaluated using criteria that are relevant for
all children.
39. It is hard to calculate the cost of inclusive education for
children with disabilities. However, the cost of providing special
educational services in separate settings such as special schools
for children with disabilities is about two to four times higher
than the cost of providing regular education for children who do
not need these services. Based on this estimate, the cost of inclusive
education would be higher but still lower than in separate/special
settings. In addition, inclusive education is not only cost-efficient
but also cost-effective and “equity is way to excellence”.
40. To make inclusive education work, mainstream professionals
in education, health and social care services should indeed receive
additional training and assistance from local centres of excellence
to equip them to work with children with disabilities, and to support
their work with the specific needs of these children. These services
should incorporate a range of personalised support to assist disabled
children so that they can aim for the same kind of life and aspirations
as their peer group, as they are entitled to growing independence, autonomy,
age-appropriate possessions, and assistive technology, especially
with regard to mobility and communication, in accordance with their
needs.
41. The rapporteur believes that in future, mainstream services,
including day care centres, pre-school set-ups, places of worship,
schools and leisure services should be required to accept children
with disabilities and make available the necessary support to aid
their inclusion and participation. Wherever possible, children with disabilities
should be educated − in all phases of their schooling − within the
schools used by other children and receive the support required
to facilitate their effective education or vocational training within
the mainstream systems. Where special schools or units are deemed
necessary or appropriate, these should be linked to ordinary schools,
be helped to build bridges and be open to their local communities.
42. In this context, the rapporteur wishes to mention that during
the debate in committee some members questioned the costs of inclusive
education in relation to specialised schools. Moreover, often the
additional funds earmarked for mainstream schools are not invested
in actions targeted at the children most in need. On the other hand,
children in special schools could benefit from highly qualified
teachers and adequate support. Therefore, inclusive education could
have both positive and negative effects. These need to be carefully investigated
in order to find the right approach and policy to overcome the possible
negative effects of inclusive education.
43. But how about the costs that we need to pay later for children
with disabilities who are excluded socially, politically and culturally
because we cannot guarantee their right to education? Or, for that
matter, what are the general costs to society when we do not provide
education to children with disabilities? The rapporteur believes that
decisions for the education of children with disabilities should
not be based exclusively on economic considerations. They should
also take into consideration the estimated costs of social, political
and cultural exclusion from society. And from a holistic social
perspective, we can also say that the development of a nation depends
crucially on education. Therefore, no compromises and cost cutting
measures should be taken when guaranteeing the right to education
for children with disabilities.
44. If the goal is to guarantee the right to education for children
with disabilities within the framework of “inclusive education for
all”, the rapporteur believes that it will only be accomplished
under certain conditions as set out in the draft resolution.
45. To conclude, the rapporteur believes that “a diverse population
of children and young people in schools will produce schools which
are more sensitive and more people-oriented. And it will produce
a younger generation which is more tolerant and accepting of difference”.
With
inclusive education, this is possible. Moreover, inclusive education
guarantees the right to education for all children regardless of
their physical, intellectual, emotional, cultural or other conditions.