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 educationno 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 learningenvironments 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 andtraining.
Self assesment 3.1
Contextualize the international declarations and convention on inclusive
education in Rwandan context as regards to their implementation in theRwandan 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 parentsand the Ministry having the Social Affairs in its attributions
Self assesment 3.2
Identify some regional declarations, decrees, charters regarding peoplewith disability and SEN and then briefly make comments.
3.3. National policies and legislations regarding people with disability and SENActivity 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 addressedby 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?