Edited By Viktor Lechta and Nad'a Bizová
This monograph links to the monograph "Reflection of Inclusive Education of the 21st Century in Correlative Scientific Fields" (Lechta. V. - Kudláčová, B., Frankfurt: Peter Lang 2013). It should be a summary of the most relevant components of inclusive education and proposals for further development. The co-authors are influential representatives of inclusive education from Slovakia, the Czech Republic, Hungary, Poland and Germany. Structure of authors present their findings from the aspect of pedagogy, psychology, special education, therapeutic education, social pedagogy, history, philosophy, psychology, law, medicine in this field in its transdisciplinary correlation. The monograph is intended mainly for the experts from all the disciplines that participate in the care of people with disabilities, as well as students and parents that are interested in it.
5. Law Component
is inseparable part of inclusive education via law criteria of inclusion and it supplements other components of inclusive education.
Gradual change of approach to education as a right (not need) can be observed nowadays. The former basic needs approach was substituted by human rights approach in which realisation of rights is required and the rights imply correlative duties or obligations (Jonsson 2003). From this point of view, all actions supporting the right to education and also the right to inclusive education are based on “legal and moral obligations to carry out a duty that will permit a subject to enjoy her or his right” (ibid, p. 20).
Basically, the right to inclusive education emerges from the right to education and its aims – e. g. according to CRC/GC/2001/1 the aim of the education „is to empower the child by developing his or her skills, learning and other capacities, human dignity, self-esteem and self-confidence.” In this context, it goes far beyond formal schooling to embrace the broad range of life experiences and learning processes which enable children to develop their personalities, talents and abilities and to live a full and satisfying life within society.
In this chapter, analysis of connection between the right to education and the right to inclusive education is offered, strengths and weaknesses of legal regulation of the right to inclusive education and its interpretation are discussed and also some examples of legal norms are described.
The right to education is...
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