• UNIT: 3 LEGAL FRAMEWORKS AFFECTING INCLUSIVE EDUCATION

    Key Unit Competence: Discuss and contextualize international,
                                                    regional and national frameworks regarding
                                                    inclusive and Special Needs education.
    Introductory Activity
    Human rights are the foundation of human existence and coexistence.
    They are universal, indivisible and interdependent, and they lay at the heart
    of everything the United Nations aspires to achieve in its global mission of
    peace and development. Since the adoption of the universal declaration
    of Human Rights by the United Nations Organization General Assembly
    in 1948, governments have discussed, negotiated, and agreed upon
    many hundreds of fundamental principles and legal provisions designed
    to protect and promote an array of civil, cultural, economic, political and
    social rights. In additional, they didn’t limit there, but they also designed
    different declarations, conventions, charters, policies protecting the right
    of people disability.

    Questions:

    Do you know any conventions, declaration, charters, and policies protecting
    the right of people disability?

    3.1. International declarations and conventions regarding

    people with disability and SEN

    Activity 3.1.
    In O level, you have probably heard about international declarations or
    conventions regarding rights of people with disability.

    Mention any of the declarations or conventions you might know?

    –– Universal Declaration of Human Rights –1948 ensures the right to free
    and compulsory elementary education for all children. The declaration
    emphasizes that all persons with disabilities have a right to education

    no matter how severely disabled they are.

    –– UN Convention on the Rights of the Child-1989 ensures the right for
    all children to receive education without discrimination on any grounds.
    The convention asserts that “all rights are indivisible and interrelated”
    meaning that providing segregated education could violate the
    children’s right to non-discrimination as much as it aims at fulfilling their
    right to education.

    –– World Declaration for Education for All-1990: First agreement on

    target of ‘Education for All’. The Jomtien declaration addresses the
    challenges of educational disparities and calls for attention to be paid
    on vulnerable groups to discrimination and exclusion with a specific
    mention of persons with disabilities.

    –– Standard Rules on the Equalization of Opportunities for Persons

    with Disability-1993: The UN Standard Rules on the Equalization of
    Opportunities for Persons with Disabilities Rule 6 not only affirms the
    equal rights of all children, youth and adults with disabilities to education
    but also states that education should be provided in “an integrated
    school setting” and in the “general school settings”.

    –– UNESCO Salamanca Statement and Framework for Action-1994:

    ‘Schools should accommodate all children regardless of their physical,
    intellectual, social, emotional, linguistic or other conditions. This should
    include disabled and gifted children, street and working children, children
    from remote or nomadic populations, children from linguistic, ethnic, religious
    or cultural minorities and children from other disadvantaged or marginalised
    areas or groups.’

    –– Dakar Framework for Action-2000: Ensuring that all children have

    access to and complete free and compulsory primary education by
    2015. Focus on marginalized and girls.

    –– The UN Convention on the Rights of Persons with Disabilities-2006

    as ratified in 2008 promotes the right of persons with disabilities to
    inclusive education (Article 24). It adopts a broad categorization of
    persons with disabilities and reaffirms that all persons with all types
    of disabilities must enjoy all human rights and fundamental freedoms.

    –– Sustainable Development Goals: Goal 4 ensures inclusive and equitable

    quality education and promotes lifelong learning opportunities for all.
    Specific targets are (i) by 2030, the world will eliminate all disparities
    in education and ensure equal access to all levels of education and
    vocational training for the vulnerable, including persons with disabilities,
    indigenous peoples and children in vulnerable situations; (ii) build
    and upgrade education facilities that are child, disability and gender
    sensitive and provide safe, nonviolent, inclusive and effective learning

    environments for all.

    –– Quality assurance guidance on disability and other special education
    needs in EAC higher education observes art 120 (c) of the “Treaty
    for the establishment of EAC” that all partner states cooperate in
    the field of welfare with respect to adoption of a common approach
    towards the disadvantaged and marginalized groups, including person
    with disabilities, through rehabilitation and provision of education and

    training.

    Self assesment 3.1
    Contextualize the international declarations and convention on inclusive
    education in Rwandan context as regards to their implementation in the

    Rwandan society, particularly in schools

    3.2. Regional declarations, decrees, charters regarding people with disability and SEN
    Activity 3.2
    –– What do you understand by regional declarations, decrees,
    charters regarding people with disability and SEN?

    –– Can you mention some on them you might know?


    –– East African Community Persons with Disability Act 2015, the partner

    State shall take appropriate and effective measures to ensure that the
    goal of inclusive education for persons with disability is realized. For the
    purposes of subsection (1) the Partner States shall ensure that:

    a. Persons with disability access free, quality and compulsory

    primary and secondary education;

    b. Persons with disability are able to access general tertiary

    education, vocational training, adult education, vocational training,
    discrimination and on equal basis with others, including ensuring
    the literacy of persons with disability above compulsory school age;

    c. Reasonable accommodation of the individual’s requirement is
    provided, and that persons with disability receive the support
    required to facilitate their effective education;

    d. Effective individualized support measures are provided in

    environments that maximize academic and social development,
    consistent with the goal of full inclusion;

    e. Appropriate schooling choices are availed to persons with

    disability who may prefer to learn in particular environment and,

    f. Persons with disability learn life and social development skills

    to facilitate their full and equal participation in education and as
    members of society

    –– The revised Kenya Constitution of 2010 prohibits discrimination in Article

    27, Section 4, which states: The State shall not discriminate directly
    or indirectly against any person on any ground, including race, sex,
    pregnancy, marital status, health status, ethnic or social origin, colour,
    age, disability, [emphasis added] religion, conscience, belief, culture,
    dress, language or birth. (p. 24) this statement guarantees people with
    disabilities the same rights and opportunities as their non-disabled peers,
    including a free primary to education.

    –– UNCRPD explains Persons with Disabilities include those who have

    long-term physical, mental, intellectual or sensory impairments, which
    in interaction with various barriers may hinder their full and effective
    participation in society on an equal basis with others. This definition with
    its focus on the impact of the way society is organized for the persons
    with disabilities corresponds to a social model of disability and would
    emphasize priorities of social attitudes, communication inclusion and
    dismantling barriers to access.

    –– UNCRPD expects that all Persons with Disabilities can access an

    inclusive, quality and free primary education and secondary education
    on an equal basis with others in the community in which they live. The
    Constitution, in Article 40, stipulates that primary education is free and
    compulsory in public schools and obliges the State to take measures
    to facilitate the education of persons with disabilities. Similarly, Law
    N° 01/2007 of 20 January 2007 relating to protection of Persons with
    Disabilities in general, in its Article 11, states the right for Persons with
    Disabilities to an appropriate education with respect to the nature of his
    or her disability. Special conditions are allowed for those who cannot sit
    exams under the same conditions as others.

    –– Law N° 12/2001 of 28 April 2001 relating to rights and protection of the

    child against violence, in Article 15, stipulates that the child with disabilities
    shall benefit from special protection, access to medical care, education
    and social welfare. This protection is the responsibility of both the parents

    and the Ministry having the Social Affairs in its attributions

    Self assesment 3.2
    Identify some regional declarations, decrees, charters regarding people

    with disability and SEN and then briefly make comments.

    3.3. National policies and legislations regarding people with disability and SEN

    Activity 3.3

    Previously, we have learned different international and regional
    declarations, conventions, charters, etc. regarding people with disability.
    Now we are going to study some national policies and legislation regarding
    people with disability. Can you identify one or two national policies or
    legislation regarding people with disability?

    –– The constitution of the Republic of Rwanda of 2003 as amended in

    2015 (Art.51) states that the State has duty to establish measures
    facilitating education of persons with disabilities.

    –– Law n° 01/2007 of 20/01/2007 relating to protection of persons with

    disabilities in general states that a person with disabilities has the right
    to appropriate education in respect of the nature of his or her disability.

    –– Economic Development and Poverty Reduction Strategy 2(EDPRS2):

    Education personnel and teachers with skills in inclusive and special
    needs education must be increased in number. Assistive devices and
    appropriate learning resources must also be scaled up.

    –– National Strategy for Transformation (NST) 1 priority Area 4: Enhancing

    the demographic dividend through improved access to quality
    education. In particular, pillar 62 stipulates that people with disabilities
    are able to start school and progress through all levels of education.
    This must be achieved by developing a system for identifying children
    with special education needs, availing suitable special needs education
    materials, building capacity of teachers and ensuring accessibility of
    infrastructure.

    –– MINEDUC draft Policy and Strategic Plan on Special Needs and
    Inclusive Education (2018): The policy provides the overarching
    framework for the development and delivery of educational services
    for learners with a range of SEN in Rwandan education. It pledges
    eradication of all intrinsically and/or extrinsically motivated barriers met
    by learners with special educational needs at school.

    –– Education Sector Strategic Plan (2013/4-2017/8): states that all

    schools must be adequately resourced and prepared to accommodate
    all learners with special educational needs. It requires that all schools
    be disability-friendly, barrier free and fully accessible. The education
    sector also foresees that education for children with Special Educational
    Needs will also demand coordinated efforts of different Ministries and
    agencies beyond its mainstream services, including public and private
    sectors in Health, Social and Local Governance.

    –– Education Sector Strategic Plan (ESSP) 2018/2019-2023/2024:

    Priority five and seven of the plan call for an increased participation
    and achievement of children and young people with disabilities and
    SEN at all levels of education. All pre-service teaching institutions
    include component on inclusive education and in-service teachers
    receive continuous professional development opportunities on inclusive
    education.

    –– Competence based Curriculum framework-2015 has placed inclusive

    education among the crosscutting issues that needs to be addressed

    by all subject teachers

    Self assesment 3.3
    Identify different national legislation or policies regarding people with
    disability or special educational need?


    END UNIT ASSESSMENT

    1. Do your school’s practices fit into the national, regional and
    international policy frameworks in regard to people with disabilities
    and other special educational needs? If not,:
    –– What is missing?
    –– What are the challenges/barriers?

    –– What solutions can you suggest to remove barriers?

    UNIT: 2 TRENDS THAT MARKED INCLUSIVE AND SPECIAL NEEDS EDUCATIONUNIT: 4 MAIN PRINCIPLES OF INCLUSIVE EDUCATION