Winter, Satine, and de Bruin, Kate (2021) The educational rights of children with disability in Australia. In: Gillett-Swan, Jenna, and Thelander, Nina, (eds.) Children's Rights from International Educational Perspectives: wicked problems for children's education rights. Transdisciplinary Perspectives in Educational Research, 2 . Springer Nature, Cham, Switzerland, pp. 39-55.

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Abstract

Children with disabilities’ right to an education are articulated through Articles 23 and 28 of the Convention on the Rights for Children (CRC) and viewed in conjunction with Article 29. Advances in disability rights and educational practices have meant the interpretation and realisation of disability rights in education do not align with the original text of the CRC. We explore and critique disability rights for children in, to, and through the Australian educational context and examine how enacted domestic legislation and policy align with the obligations outlined in the CRC. Our analysis of the rights of children with disabilities reveals inconsistencies and conflicts between the articulation of disability rights in the CRC and their realisation in and to education in practice. Moreover, children with disabilities rights are found to be inferior to non-disabled children’s rights and lacking in the future vision for education. We recommend the need to update the CRC and to use other disability specific Conventions to fully realise disability educational rights.

Item ID:	67818
Item Type:	Book Chapter (Research - B1)
ISBN:	978-3-030-80861-7
ISSN:	2662-6705
Keywords:	access, children with disabilities, education, educational rights, inclusion, legislation, segregation
Copyright Information:	© The Author(s), under exclusive license to Springer Nature Switzerland AG 2021.
Date Deposited:	24 Feb 2022 03:33
FoR Codes:	39 EDUCATION > 3904 Specialist studies in education > 390407 Inclusive education @ 33% 39 EDUCATION > 3904 Specialist studies in education > 390411 Special education and disability @ 33% 48 LAW AND LEGAL STUDIES > 4803 International and comparative law > 480307 International humanitarian and human rights law @ 34%
SEO Codes:	16 EDUCATION AND TRAINING > 1602 Schools and learning environments > 160201 Equity and access to education @ 60% 16 EDUCATION AND TRAINING > 1602 Schools and learning environments > 160203 Inclusive education @ 40%
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