Shifting concepts.
Definition of inclusion
The challenge of finding a common definition of inclusive education has led to inconsistent implementation between countries (Krischler, Powell & Pit-Ten, 2019). In its most limited conception, inclusive education is defined as simply placing learners with disabilities or special educational needs in general education classrooms. Although the consensus today is that inclusive education is about ‘more than just physical placement’ (Göransson & Nilholm, 2014), the multifaceted nature of inclusive education makes it ‘difficult to pin down’ (UNESCO-GEM Report, 2020). One of the major sources to understand inclusive education comes from the CRPD. While the right to inclusive education found therein was directed at persons with disabilities, the CRPD Committee elucidated in their General Comment No. 4 that inclusion will involve a process of ‘systemic reform’ of the entire education system, as placing learners with disabilities in mainstream classes without accompanying structural changes to, for example, organization, curriculum or teaching and learning strategies, will not constitute inclusion (2016, para. 11). This need for reorganization of the whole Education system echoed the consensus reached in the Salamanca Statement (1994) that called for ‘major reform of the ordinary school’. An examination of the literature provides five key features that are often referred to in the context of inclusive education, which can provide the basis for a common definition.
1. Everyone learns together – this means that special schools or education units are generally discouraged, although it should be noted that in specific circumstances some communities might prefer self-segregated education, for example, members of the deaf community might consider themselves a linguistic minority and should have the right to choose separate bilingual schools (UNESCO-GEM Report, 2020).
2. The removal of barriers – attention is focused on the personal barriers that individual learners face in education. The identification and removal of barriers entails a particular emphasis on learners that are at risk of marginalization, exclusion or underachievement (Ainscow, 2019).
3. The view of inclusive education as a transformative process (UNESCO, 2017a; UNESCO-GEM Report, 2020; Cali Commitment, 2019). Some aspects of this process include: flexible curricular, teaching methods and learning strategies, individualized learning pathways, inclusive lifelong learning spaces (UNESCO- IBE, 2021) and ways to measure learners’ progress.
4. A collaborative approach to teaching and learning - This feature has several facets, including community involvement in education and partnerships between key stakeholders such as parents/caregivers; teachers and other education professionals; teacher trainers and researchers; national, local and school-level administrators and managers; policy-makers and service providers in other sectors (e.g. health, child protection and social services); civic groups in the community; and members of minority groups that are at risk of exclusion (Ainscow, 2019). It also means that the teaching profession is to become a collaborative profession. Teachers will work as part of a team with fellow teachers and other specialists in the school, as well as with their students to personalize education and make it authentic and relevant to the learner (International Commission on the Futures of Education, 2021).
5. Embracing, valuing and celebrating diversity and offering a sense of belonging (UNESCOGEM Report, 2020). The idea is that diversity is celebrated, which is a progression from the rationale surrounding non-discrimination law, where attention is paid primarily to overcoming difference.
State obligations
Building on these common features of inclusive education, what concrete State obligations can be envisaged that give meaning to a ‘right to inclusive education’? Inspiration can be found in article 24 (2) of the CRPD, which contains guiding principles and clearly outlines that States must, for persons with disabilities: ensure that they have access, offer reasonable accommodation, have support to facilitate effective education and effective individualized support measures that maximize academic and social development, consistent with the goal of full inclusion. These obligations can be generalized to all learners in the education system. Hunt (2020) distills these elements into three essential duties for an inclusive legislative framework: non-discrimination, zero-reject (no one is excluded from education) and the reasonable accommodation principle that finds its origins in the CRPD (defined in article 2 as meaning ‘necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms’). Another guiding source is the Education 2030 Framework for Action that provides detail to the overarching goal of SDG 4 to ‘ensure inclusive and equitable quality education…’. The Framework for Action echoes some inclusive language such as calling on States to develop or improve cross-sectoral policies and plans that ‘address the social, cultural and economic barriers that deprive millions … of education and quality learning’ (para. 19) and address ‘all forms of exclusion and marginalization, disparity, vulnerability and inequality in education access, participation, retention and completion and in learning outcomes’ (para. 13). Inclusive measures ‘must include changes as appropriate in education content, approaches, structures and funding strategies’ (para. 19). Lastly, the role and rights of teachers will need to be redefined. For many teachers, inclusive education will herald an expansion of their workload and skillset. Teachers will need to be trained and prepared to teach all learners, including those with special educational needs (UNESCO-GEM Report, 2020). They will be expected to work collaboratively, become ‘reflexive practitioners’ and empowered to design, develop and implement flexible and individualized curricular (InternationalCommission on the Futures of Education, 2021). The level of training and skills that are required ofteachers should be recognized in proper renumeration and employment rights.
A possible right to inclusive education
Finally, while it might be possible to envision a specific right to inclusive education within the international legal framework, whether all believe it to be desirable remains a separate matter. The consultative process revealed that the content of inclusive education is already well-reflected in the existing treaties, although the right could be made more explicit. Others felt that the term ‘inclusive’ was overly technical and would not further the cause. One benefit to a codified right to inclusive education is that it engenders a shift from thinking about vulnerable or marginalized groups, as is the nature of non-discrimination law, towards considering individuals and individual barriers. By grouping learners together, for example the highly diverse group that is ‘girls and women’, the system does not consider the individuals suffering multiple, compounded or intersectional discrimination (UNESCO & Right to Education Initiative, 2019). An explicit expansion of the ‘reasonable accommodation’ principle, as applied to every learner, would be revolutionary for tackling disadvantages that do not fit well into the traditional vulnerable groups protected by non-discrimination laws, such as for those in rural locations or from disadvantaged socio-economic backgrounds. Poverty, in particular, and other systemic issues in society continue to loom large as an issue in education. It emerged from the consultative process that an individualized approach was thought to be a positive advancement for many as it allows for context-specificity. Another advantage of putting forward a right to inclusive education for all is that it would modernize mindsets as to who inclusive education is for. Rather than the outdated view that inclusive education is solely for persons with disabilities, policy-makers, teachers and other education staff and stakeholders would have a vision of the whole-system transformation that is required to make it a reality for all.
These national laws suggest that a shift in mindsets is occurring in some parts of the world, and theright to education is now gradually incorporating concepts of inclusive education as central to the achievement of equality. Giving inclusive education a more solid foundation in the international legal framework would hopefully diffuse the principles of inclusive education throughout other countries and region
The following subsections will consider some of the specific issues, trends, as well as solutions, that surround the inclusion of particularly vulnerable groups.
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