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Unveiling the Challenges in the Implementation of Article 24 CRPD on the Right to Inclusive Education. A Case-Study from Italy

Department of Law, Maynooth University, Maynooth, Co. Kildare, Ireland
Received: 23 October 2017 / Revised: 17 December 2017 / Accepted: 18 December 2017 / Published: 25 December 2017
(This article belongs to the Special Issue Disability Human Rights Law)
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Abstract

Since the 1970s, Italy has undertaken a process of inclusion of children with disabilities in mainstream schools, has implemented an anti-discriminatory educational policy, and abandoned segregated educational practices. In September 2014, the Italian Government initiated a process of “modernization” of the whole educational system, and attempted to fully align domestic legislation with the wide-ranging obligations enshrined in Article 24 CRPD. Law No. 107/2015 on the reform of the educational system empowered the Government to adopt legislative decrees to promote inter alia an effective and inclusive education for persons with disabilities. After a long and somewhat troubled process, a legislative decree on inclusive education was finally adopted in April 2017. This article, building upon previous research, critically discusses the innovations brought by this recent reform, situating them in the broader Italian legislative framework on the rights of people with disabilities. By focusing on Italy as a case-study, this article aims to reflect on the challenges surrounding the creation of an inclusionary educational system that goes beyond a mere integration in mainstream schools and ensures full and effective participation of all learners, meeting the standards imposed by Article 24 CRPD. View Full-Text
Keywords: UN Convention on the Rights of Persons with Disabilities; inclusive education; support teacher; Law No 104/1992; Law No 107/2015; legislative decree No 66/2017 UN Convention on the Rights of Persons with Disabilities; inclusive education; support teacher; Law No 104/1992; Law No 107/2015; legislative decree No 66/2017
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).
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Ferri, D. Unveiling the Challenges in the Implementation of Article 24 CRPD on the Right to Inclusive Education. A Case-Study from Italy. Laws 2018, 7, 1.

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