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Page 1 of 3

  • 20 - Inclusive Education in Flanders, Belgium
  • from Part IV - Practice
  • Edited by Gauthier de Beco, University of Huddersfield, Shivaun Quinlivan, National University of Ireland, Galway, Janet E. Lord
  • Book: The Right to Inclusive Education in International Human Rights Law
  • Published online: 15 April 2019
  • Print publication: 02 May 2019, pp 514-529
  • View extract

    Summary

    This chapter examines the situation of inclusive education in Flanders, Belgium. Despite the high degree of diversity, Flanders has great difficulties in dealing with the variety of pupils. Regarding inclusive education, Flemish teachers state they are ‘scared’, ‘nervous’, ‘apprehensive’, ‘angry’, and ‘worried’. The number of students in special education has been increasing continuously since 2000. The three authors analyse the current education system which has in fact a strong history of two broad, separate, and well-equipped systems: regular and special education. Following the CRPD ratification, Flanders adopted a new policy through the M-decree. The implementation and challenges of the M-decree are mapped. Assumptions on deficit-thinking, labeling, and special education continue to be seen as the best solution for children with special educational needs in Flanders
  • 8 - Progressive Realisation and the Right to Inclusive Education
  • from B - Substantive Issues
  • Edited by Gauthier de Beco, University of Huddersfield, Shivaun Quinlivan, National University of Ireland, Galway, Janet E. Lord
  • Book: The Right to Inclusive Education in International Human Rights Law
  • Published online: 15 April 2019
  • Print publication: 02 May 2019, pp 190-212
  • View extract

    Summary

    The right to inclusive education is subject to progressive realisation. Article 4(2) of the CRPD provides that ‘each State Party undertakes to take measures to the maximum of its available resources […] with a view to achieving progressively the full realization’ of economic, social and cultural rights. This chapter examines what is expected from States Parties to the CRPD for the progressive realisation of the right to inclusive education in light of the concluding observationss of the Committee on the Rights of Persons with Disabilities and its General Comment No 4. It starts with an analysis of the notion of progressive realisation in the ICESCR with a view to applying this notion to the right to inclusive education under Article 24. After looking into the meaning of inclusive education in the CRPD, it goes on to set out the steps to be taken in order to bring about an ‘inclusive education system’, which include accessibility, support provision, teaching education and awareness-raising. It ends with arguing that States Parties to the Convention must adopt a strategy that not only redefines budgetary allocations but also provides for a planning for the achievement of inclusive education and the monitoring of the progress towards the full realisation of the right to inclusive education.
The Right to Inclusive Education in International Human Rights Law
  • The Right to Inclusive Education in International Human Rights Law
  • Edited by Gauthier de Beco, Shivaun Quinlivan, Janet E. Lord
  • Published online: 15 April 2019
  • Print publication: 02 May 2019
  • View description
    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.
  • THE INDIVISIBILITY OF HUMAN RIGHTS AND THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
  • Gauthier de Beco
  • Journal: International & Comparative Law Quarterly / Volume 68 / Issue 1 / January 2019
  • Published online by Cambridge University Press: 21 December 2018, pp. 141-160
  • Print publication: January 2019
  • View abstract

    This article argues that a new understanding of the indivisibility of human rights has emerged through the Convention on the Rights of Persons with Disabilities (CRPD). The CRPD has blurred the distinction between civil and political rights, on the one hand, and economic and social rights, on the other. After showing how this distinction has been blurred in the Convention, the article critically analyses the impact this has had on the concept of indivisibility, as well as its consequences for international human rights law more generally. It shows that there is now a shift away from a preoccupation with different categories of rights and towards concern for the real and actual enjoyment of human rights.

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