The right to education: Article 24 of the CRPD

Broderick, Andrea, & Quinlivan, Shivaun. (2017). The Right to Education: Article 24 of the CRPD. In Charles O’Mahony & Gerard Quinn (Eds.), Disability Law and Policy: An Analysis of the UN Convention. Dublin: Clarus Press.

Abstract

The right to education has been described as “a pre-requisite to the exercise of many other rights.”2 This statement is fitting in terms of the educational rights of disabled people, which are intrinsically linked with empowerment and integration. Article 24 of the recently enacted United Nations Convention on the Rights of Persons with Disabilities (CRPD) contains the cornerstone principle of inclusive education.3 It has been stated that “Article 24 arguably provides [a stronger] mandate for states to provide inclusive education than any previous human rights document.”4 The right to education is variously described as falling within the category of rights known as economic, social and cultural rights. As such, it is subject to progressive realisation.5 It is proposed to provide a brief overview of the meaning of this concept, before analysing the interpretation which has been accorded to the obligation to progressively realise the right to education by various treaty bodies. This paper will then consider the elements of Article 24 of the CRPD which are immediately realisable. Finally, the authors will analyse the extent to which State Parties to the CRPD are living up to their commitments in respect of the right to education under the CRPD.

Publisher

Clarus Press

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Attribution-NonCommercial-NoDerivs 3.0 Ireland

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School of Law (Book Chapters)