INCLUSIVE EDUCATION AS A HUMAN RIGHT: INTERNATIONAL STANDARDS AND NATIONAL REFORMS IN DISABILITY RIGHTS
Article Sidebar
Main Article Content
Abstract:
Inclusive education has emerged as one of the central pillars of contemporary human rights law, affirming the principle that no person should be excluded from learning opportunities on the basis of disability. While international legal instruments such as the Convention on the Rights of Persons with Disabilities (CRPD) establish strong obligations for States to ensure access to inclusive education, the translation of these commitments into effective national reforms remains uneven. This article examines the right to education of persons with disabilities through the lens of international human rights standards and the legislative reforms undertaken within Uzbekistan. It situates the issue within the broader normative framework established by the United Nations and regional human rights systems, before turning to the domestic legal order to analyze the extent to which global commitments are reflected in national law and policy.
Article Details
How to Cite:
References:
United Nations. (1948). Universal Declaration of Human Rights. https://www.un.org/en/about-us/universal-declaration-of-human-rights
United Nations. (1966). International Covenant on Economic, Social and Cultural Rights. https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights
Degener, Theresia. (2014). A human rights model of disability. Routledge Handbook of Disability Law and Human Rights.
UNICEF. (2024). Seen, counted, included: Using data to shed light on the well-being of children with disabilities. UNICEF. https://data.unicef.org/resources/children-with-disabilities-report-2021/
Kayess, Rosemary & French, Phillip. (2008). Out of Darkness into Light? Introducing the Convention on the Rights of Persons with Disabilities. Human Rights Law Review. 8. 1-34. 10.1093/hrlr/ngm044.
Law of the Republic of Uzbekistan on the Rights of Persons with Disabilities, No. LRU-641, October 15, 2020. Available at: https://lex.uz/docs/5056057
Morsink, J. (1999). The Universal Declaration of Human Rights: Origins, Drafting, and Intent. University of Pennsylvania Press. http://www.jstor.org/stable/j.ctt3fhrpm
Committee on Economic, Social and Cultural Rights (CESCR). (2009). General Comment No. 20: Non-discrimination in economic, social and cultural rights (Article 2, paragraph 2, of the Covenant). UN Doc. E/C.12/GC/20. United Nations. https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no-20-non-discrimination-economic-social
Committee on Economic, Social and Cultural Rights (CESCR). (1999). General Comment No. 13: The right to education (Article 13 of the Covenant). UN Doc. E/C.12/1999/10. United Nations. https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no-13-right-education
Tomaševski, K. (2001). Human rights obligations: Making education available, accessible, acceptable and adaptable. Right to Education Primers No. 3. Raoul Wallenberg Institute of Human Rights and Humanitarian Law.
United Nations General Assembly. (1989). Convention on the Rights of the Child. Resolution 44/25, adopted 20 November 1989, entered into force 2 September 1990. United Nations Treaty Series, vol. 1577, p. 3. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child
Committee on the Rights of the Child (CRC Committee). (2006). General Comment No. 9: The rights of children with disabilities. UN Doc. CRC/C/GC/9. United Nations. https://www.refworld.org/legal/general/crc/2007/en/48507
Committee on the Rights of Persons with Disabilities (CRPD Committee). (2016). General Comment No. 4: The right to inclusive education. UN Doc. CRPD/C/GC/4. United Nations. https://www.refworld.org/legal/general/crpd/2016/en/112080
Republic of Uzbekistan. (2021). On ratification of the Convention on the Rights of Persons with Disabilities (New York, December 13, 2006). Law No. LRU-695 of 7 June 2021. https://lex.uz/docs/6906578
Republic of Uzbekistan. (2020). On the rights of persons with disabilities. Law No. LRU-641 of 15 october 2020. https://lex.uz/docs/5694817#:~:text=Any%20segregation%2C%20exclusion%2C%20dismissal%2C%20restriction%2C%20or%20preference%20with,with%20disabilities%20shall%20be%20prohibited.
Republic of Uzbekistan. (2020). Law of the Republic of Uzbekistan on Education (No. ZRU-637 of 23 September 2020). https://lex.uz/docs/-5013007
Republic of Uzbekistan. (2020). On measures for the further improvement of the system of education and upbringing of children with special educational needs. Resolution of the President of the Republic of Uzbekistan № RP-4860 of 13 October 2020. https://lex.uz/docs/5030967
Omirzakov, R. (2023). Sustainable development goals and its role in the state policy of the Republic of Uzbekistan in the field of environmental protection. International Journal Of Law And Criminology, 3(07), 89-93.
Омирзаков R. . (2023). Rule of law in Uzbekistan: improvement of national legislation . Узбекистан – стратегия 2030 с точки зрения молодых ученых: экономика, политика и право, 1(1), 321–326. извлечено от https://inlibrary.uz/index.php/strategy-2030-young-scientists/article/view/28758