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This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws
This volume studies the implications of the right to inclusive education in human rights law for disability law, policy and practice.
Since 1948 when the United Nations adopted the Universal Declaration of Human Rights, all students have been declared the right to education. The rights of disabled students have not been explicitly addressed, however, and each country has developed their own rules and regulations. Although similarities exist among the different countries, differences are evident, especially in both the extent and acknowledgment of these rights. The Legal Rights of Students with Disabilities: International Perspectives examines the rights of disabled students in ten diverse countries on six continents. Written by leading experts in education law, this volume provides comparative insights to help meet the educational needs of disabled students. The book also offers strategies to manage the legal and educational complexities associated with special education.
This book recognizes the importance of an informed cross-cultural understanding of the policies and practices of different societies within the field of disability, human rights and education. It represents an attempt to critically engage with issues arising from the historical and contemporary domination of portrayals of 'the western' as advanced, democratic and exemplary, in contrast to the construction of the 'rest of the world' as backward, primitive and inferior in these fundamental areas. How human rights are understood in different contexts is a key theme in this book. Importantly, some contributors raise questions about the value of a 'human rights' model across all societies. Other contributors see the struggle for human rights as at the heart of the struggle for an inclusive society. The implications for education arising from this debate are identified, and a series of questions are raised by each author for further reflection and discussion as well as providing a stimulus for developing future research. Disability, Human Rights and Education is recommended reading for students and researchers interested in Disability Studies, inclusive education and social policy. It is also directly relevant to professionals and policy makers in the field seeking a greater understanding of cross-cultural perspectives.
Human Rights and Disability Advocacy brings together perspectives from civil society representatives who played key roles in the drafting of the Convention on the Rights of Persons with Disabilities, shedding light on the emergent practices of a "new diplomacy" and the larger enterprise of human rights advocacy at the international level.
Reconceptualizing Disability in Education provides an essential critical exploration of problematic discourses, practices, and pedagogies that inform how disability is presently understood and responded to within the field of education. Luigi Iannacci interrogates and destabilizes ableist grand narratives that dominate every aspect of how disability is linguistically, bureaucratically, procedurally, and pedagogically configured within education. Ultimately, this book seeks to forward human rights for people with disabilities in educational contexts by clarifying and operationalizing inclusion so that it is not just a model necessitated by a hierarchy of legality, but rather a set of beliefs and practices based on critical analyses and a reconceptualization of current understandings and responses to disability that prevent inclusion and human rights from being realized. As the book is grounded in reconceptualist theorizing, it draws on multiple perspectives—including critical disability theory, post-modernism, critical theory, critical pedagogy, and social constructivism—to deconstruct and destabilize what is currently taken for granted about disability and those ascribed disabled identities within education. A variety of personal, professional, research experiences and data are offered and drawn on to critically address questions regarding philosophical, epistemological, pedagogical, organizational, economic, and leadership issues as they relate to disability in education. Critical incidents, interviews, documents, and artifacts are drawn on and narratively presented to explore how disability is presently configured in language, identification, and placement processes, discourses, pedagogies, and interactions with students deemed disabled, as well as their parents/caregivers. This critical narrative approach fosters alternative ways of thinking, speaking, being, and doing that forward a human rights focused model of disability that sees as its mandate the amelioration of people with disabilities within education.
The adoption of the Convention on the Rights of People with Disabilities (CPRD) by the United Nations in 2006 is the first comprehensive and binding treaty on the rights of people with disabilities. It establishes the right of people with disabilities to equality, dignity, autonomy, full participation, as well as the right to live in the community, and the right to supported decision-making and inclusive education. Prior to the CRPD, international law had provided only limited protections to people with disabilities. This book analyses the development of disability rights as an international human rights movement. Focusing on the United States and countries in Asia, Africa, the Middle East the book examines the status of people with disabilities under international law prior to the adoption of the CPRD, and follows the development of human rights protections through the convention’s drafting process. Arlene Kanter argues that by including both new applications and entirely new approaches to human rights treaty enforcement, the CRPD is significant not only to people with disabilities but also to the general development of international human rights, by offering new human rights protections for all people. Taking a comparative perspective, the book explores how the success of the CRPD in achieving protections depends on the extent to which individual countries enforce domestic laws and policies, and the changing public attitudes towards people with disabilities. This book will be of excellent use and interest to researchers and students of human rights law, discrimination, and disability studies.
Places notions of disability at the center of higher education and argues that inclusiveness allows for a better education for everyone
This book's basic premise is that disabled people themselves know best what their needs are and that they should be involved in the planning and delivery of relief and development initiatives. The most effective support that agencies can offer is to empower them to claim their basic human rights and their civil and legal rights. The text is based on the experience of Oxfam staff working before, during and after the crisis in Kosovo; but its principles and practical training materials can be applied far more widely. Case studies from Africa and Asia arising from the work of Action and Disability and Development (ADD) show how the values of equality, empowerment and autonomy that are promoted by the social model of disability are universal in their relevance. It suggests practical materials particularly useful to trainers working in geographically isolated areas without access to sophisticated equipment. Most activities and exercises can be adapted for use in groups of people with a wide range of impairments and educational levels.
A book such as this both demonstrates the progress that has been made over recent years, and will also serve to enhance respect for the human rights of persons with intellectual disabilities in the years to come.' - From the Foreword by Orville Endicott This wide-ranging volume provides a multidisciplinary examination of human rights and the lives of people with intellectual disabilities. The book combines historical, psychological, philosophical, social, educational, medical and legal perspectives to form a unique and insightful account of the subject. Initial chapters explain the historical context of rights for people with intellectual disabilities, including the right to life, and propose a conceptual framework to inform contemporary practice. Contributors then explore the many theoretical and practical challenges that people with intellectual disabilities face, in exercising their civil rights, educational rights or participatory rights, for instance. The implications arising from these issues are identified and practical guidelines for support and accommodation are provided. This book will be an essential resource for practitioners, advocates, lawyers, policy-makers and students on disability courses.