The right to education is a key point that took immeasurable effort to be adopted during the negotiations of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD); specifically, ensuring that inclusion would be the framework by which the related provisions on education and rehabilitation as stated in Articles 24 and 26 of the said document are espoused. However, as stipulated in Article 24, mainstream education should be the ultimate goal of any educational programs and plans.
Developing countries have expressed their concern about delivering their new responsibility of making education for persons with disabilities inclusive and mainstreamed; this is evident in the lack of financial and technical resources and is reflected in the general climate for the duration of the deliberations on Article 24. A compromise was eventually reached through a gradual transition from special to mainstream education and making inclusion an ultimate goal of special education programs.
Since disability laws in the Middle East were drafted prior to the adoption of the Convention, they are based on the medical approach; this is palpable in articles which systematized the right to education. Special education, sheltered workshops and the lack of inclusion as a strategic objective are identified drawbacks of these laws; notwithstanding, it is worth mentioning that there have been positive initiatives in some countries that work towards mainstreaming education for persons with disabilities, particularly at the primary level.
These programs, however, do not reflect the public trend adopted by the States but nevertheless serve as a nucleus for an active movement that has began to take shape in the Middle East, which creates innovation in education for persons with disabilities in order to fulfill the general principles of and obligations stipulated in the aforementioned Convention.
Some countries in the Middle East have transferred the mandate of the Ministry of Social Affairs to provide and run specific schools for person with disabilities to the Ministry of Education. This particular step may be regarded as positive motivation or a leap in the dark as this is being done often without the necessary preparation of the Ministry of Education to take on the responsibilities of the Ministry of Social Affairs and direct the schools towards the ultimate goals of mainstream and full inclusion. All in all, the legal framework of the Convention is progressing smoothly and slowly towards full inclusion in education; but unpredicted or unplanned steps might result in contrary outcomes.
It is apparent that a strong political will is needed to shift to the inclusive approach to education and arrive at the necessary conditions to do so: technical and financial support as well as dedicated efforts to change the attitude of the general public regarding disability, envisaging it as an inclusive situation where environmental factors interact with personal aspects. Implementing Article 24 of the UNCRPD on education at the national level would help achieve its general principles including that pertaining to disability:
“Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity.”
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