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
17 - Emerging Jurisprudence on Inclusive Education under the European Social Charter (Revised)
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 European Social Charter 1961 (the Charter) and the European Social Charter (Revised) 1996 (ESC(R)) have arguably operated under the radar for decades. This chapter argues that it is time for disability rights campaigners and academics to address the hidden existence of the ESC(R) and to bring it into the light. It is evident from the jurisprudence discussed in this chapter there is ample reason to look to the ESC(R) to assist in promoting inclusive education. This chapter addresses the emerging jurisprudence on inclusive education under the ESC(R). In addition, this chapter reviews Article E, the non-discrimination article. Article E has been interpreted broadly and clearly incorporates both direct and indirect discrimination. Finally, the chapter will then address both the collective complaints procedure, followed by the enforcement of case law of the European Committee of Social Rights (the Committee) of the ESC(R).
- Type
- Chapter
- Information
- Publisher: Cambridge University PressPrint publication year: 2019