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The Right to Inclusive Education in International Human Rights Law

Part of Cambridge Disability Law and Policy Series

Arlene S. Kanter, Gauthier de Beco, Michael Shevlin, Rosemary Kayess, Sarah Arduin, Shivaun Quinlivan, János Fiala-ButoraI, Peter Barnett, Michael Ashley Stein, Carla Bonino Covas, Miguel Ángel Cabra de Luna, Janet E. Lord, Deepti S. Raja, G. Anthony Giannoumis, Anna Gilmer, María Soledad Cisternas Reyes, Andrea Broderick, Japhet Biegon, Gerry Whyte, Elisabeth De Schauwer, Thomas Bernhard, Delia Ferri, Zhijun Fu, Bo Chen, Ni Zhen, Elizabeth Kamundia, Yoshikazu Ikehara, Kate Lapham, Ana Laura Aiello
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  • Date Published: May 2022
  • availability: Available
  • format: Paperback
  • isbn: 9781107548510

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  • Education is a fundamental human right that is recognised as essential for the attainment of all civil, political, economic, social and cultural rights. It was not until 2006, on the adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD), that the right to inclusive education was codified. This volume fills a major gap in the literature on the right of disabled people to education. It examines the theoretical foundations and core content of the right to inclusive education in international human rights law, and explores the various ways of implementing this right through an exploration of legal strategies and mechanisms. With contributions by leaders in the field, this volume advances scholarship on the core content of the right to inclusive education by examining the content and practice of the right at the national, regional and international levels.

    • Explores the interrelationship between disability studies and law
    • Offers a thorough examination of specific aspects of the right to inclusive education
    • Includes an intelligible and clear presentation of international and regional mechanisms, as well as case studies in a large number of countries
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    Product details

    • Date Published: May 2022
    • format: Paperback
    • isbn: 9781107548510
    • length: 732 pages
    • dimensions: 229 x 151 x 38 mm
    • weight: 1.065kg
    • availability: Available
  • Table of Contents

    1. Introduction
    2. The right to inclusive education for students with disabilities under international human rights law Arlene S. Kanter
    3. Comprehensive legal analysis of Article 24 of the Convention on the Rights of Persons with Disabilities Gauthier de Beco
    4. Moving towards schools for all: examining the concept of educational inclusion for disabled children and young people Michael Shevlin
    5. Drafting Article 24 education of the Convention on the Rights of Persons with Disabilities Rosemary Kayess
    6. The Expressive Dimension of Article 24 of the UN Convention on the Rights of Persons with Disabilities Sarah Arduin
    7. Reasonable accommodation: an integral part of the right to education for persons with disabilities Shivaun Quinlivan
    8. Progressive realisation and the right to inclusive education Gauthier de Beco
    9. Financing inclusive education – lessons from developing countries János Fiala-ButoraI
    10. Strategic litigation and inclusive education Peter Barnett and Michael Ashley Stein
    11. Advocacy for inclusive education: a European approach Carla Bonino Covas and Miguel Ángel Cabra de Luna
    12. Advancing the right to inclusive education in development cooperation Janet E. Lord
    13. Harnessing technology to realize the right to inclusive education Cambridge Right to Education Volume Deepti S. Raja and G. Anthony Giannoumis
    14. Indigenous-knowledge-driven education reform as a means of achieving inclusive education in indigenous communities in Canada Anna Gilmer
    15. Inclusive education: perspectives from the UN Committee on the Rights of Persons with Disabilities María Soledad Cisternas Reyes
    16. Emerging trends in the jurisprudence of the European Court of Human Rights: the right to education for persons with disabilities Andrea Broderick
    17. Emerging jurisprudence on inclusive education under the European Social Charter Shivaun Quinlivan
    18. The scope of recognition and protection of the right to inclusive education in the African human rights system Japhet Biegon
    19. Litigating the right to inclusive education under Irish law Gerry Whyte
    20. Inclusive education in Flanders, Belgium: a country with a long history of segregation Elisabeth De Schauwer
    21. The implementation of the right to inclusive education in Germany Thomas Bernhard
    22. The Past, Present and future of the right to inclusive education in Italy Delia Ferri
    23. Inclusive education in China Zhijun Fu, Bo Chen and Ni Zhen
    24. Legislating inclusive education in the era of the CRPD: The case of Kenya Elizabeth Kamundia
    25. Implementation of the human right to inclusive education in Japan Yoshikazu Ikehara
    26. Charting a legal course towards the inclusion of children with disabilities in Tajikistan Kate Lapham
    27. The right to inclusive education in Argentina Ana Laura Aiello.

  • Editors

    Gauthier de Beco, University of Huddersfield
    Gauthier de Beco is Reader in Human Rights at the University of Huddersfield, and previously taught at the Katholieke Universiteit Leuven, University College London and the University of Leeds. He has widely published in the area of international human rights law, and is on the editorial board of the Revue trimestrielle des droits de l'homme. He has worked as an expert to several international organisations and NGOs.

    Shivaun Quinlivan, National University of Ireland, Galway
    Shivaun Quinlivan lectures in law at National University of Ireland (NUI), Galway. She is a founding member and member of the management committee of the Centre for Disability Law and Policy, NUI Galway. Most recently she has been appointed to the role of Vice Dean for Equality, Diversity and Inclusion in the College of Business, Public Policy and Law. She has worked as a legal expert to several international organisation as well as national and local NGOs with a particular focus on education and equality.

    Janet E. Lord, Harvard Law School Project on Disability
    Janet E. Lord is a leading authority on international human rights law and the rights of persons with disabilities. She has advised UN agencies, governments, human rights institutions and disability organisations in more than forty countries. She is currently a senior fellow at the Harvard Law School Project on Disability. A scholar as well as a practitioner, she has taught human rights law at universities in Europe, Africa, Asia and the United States.

    Contributors

    Arlene S. Kanter, Gauthier de Beco, Michael Shevlin, Rosemary Kayess, Sarah Arduin, Shivaun Quinlivan, János Fiala-ButoraI, Peter Barnett, Michael Ashley Stein, Carla Bonino Covas, Miguel Ángel Cabra de Luna, Janet E. Lord, Deepti S. Raja, G. Anthony Giannoumis, Anna Gilmer, María Soledad Cisternas Reyes, Andrea Broderick, Japhet Biegon, Gerry Whyte, Elisabeth De Schauwer, Thomas Bernhard, Delia Ferri, Zhijun Fu, Bo Chen, Ni Zhen, Elizabeth Kamundia, Yoshikazu Ikehara, Kate Lapham, Ana Laura Aiello

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