Research On The Right To Education Of Children With Disabilities In International Human Rights Law

"Disability" has been an obscure term in the course of human civilization,and those with disabilities were once relegated to the margins of society,this phenomenon is particularly evident in the field of education.Until the first half of the 20 th century,sending children with disabilities to segregated educational settings was taken for granted globally,and even this segregation was treated as a welfare cause.Today,despite the fact that it has been nearly thirty years since the Salamanca Declaration affirmed "inclusive education" and international human rights organizations have repeatedly emphasized this concpet,it is still difficult to correct the misconceptions about the education of children with disabilities.Even among teachers and scholars who specialize in education research,there are many who deny the prospect of inclusive education as "unrealistic".The essence of this is that the perception of disability is biased and discriminatory,and the lack of a clear understanding of the rights of children with disabilities,as special subjects,to education itself,misinterprets the objective disadvantages they face as a reality they should bear and cannot escape from,while ignoring the obligations of all parties to improve their situation,resulting in a lack of understanding of the proper way to realize their right to education.Taking the relevant provisions of international human rights law and their operation in various countries as the starting point,this paper attempts to explore the reasons for the emergence of the right to education of persons with disabilities,clarify its development,explain the inevitable trend of its development towards "inclusiveness",and provide a possible path for its realization.The first part starts from a theoretical definition,examines the right to education for children with disabilities in all aspects,clarifies the significance of the "human rights model" in establishing the status of children with disabilities as equal subjects of rights by reviewing the evolution of the disability cognitive model,and explains the legitimacy of the right to education for children with disabilities through the analysis of its nature and value objectives.The theoretical framework of this right is outlined by defining the limits and structure of the right and analyzing the special features of the right.In the second part,the development of the right to education of children with disabilities is reviewed,and the main manifestations of this right in international human rights treaties at different times are examined,and the specific situation of its protection in national laws is identified,observing the actual results of the transition from segregated education to inclusive education from international law to national legislation.In addition to summarizing the experiences of national approaches,it will look at the problems of legal protection and analyze the real dilemmas that need to be addressed in order to realize the right.The third part focuses on state obligations for the protection of the right to education,providing a general description of each type of obligation based on different criteria for classifying obligations and specifying the substantive obligations of different subjects at the legislative,executive and judicial levels of respect,grant and protection.It then summarizes the state obligations specifically mentioned in international human rights treaties by sorting out the explicit provisions and supporting interpretations of human rights treaties.The fourth part takes the promotion of inclusive education as the main form of realizing the right to education for children with disabilities,and makes recommendations on the development of inclusive education from six perspectives: human rights philosophy,legal framework,government functions,resource allocation,participation of multiple parties,and remedial channels,based on the shortcomings of the state in the process of fulfilling the relevant guarantee obligations.The conclusion of this paper is that,for children with disabilities,inclusion and inclusiveness are the optimal solutions to realize their right to education,and no matter how mature and complete special schools are built,they are only a bridge to make education inclusive.It is also a human right in itself.As human rights subjects with a wide range of rights and great potential on an equal footing,freeing children with disabilities from discrimination in education is a long and urgent task,and the obligations of the state,schools,families,and society to do so are not only justified,but are also enshrined in the requirements of human rights treaties and national laws.Ensuring inclusive education with the strongest possible measures will be an important direction for future research on the right to education of children with disabilities.