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Unrealised promises and hollow claims: Australia's failure to enact its international obligations under the CRPD for the education of students with disability.

Authors :
Malaquias, Catia
Source :
Australian Journal of Education (Sage Publications Ltd.); Nov2022, Vol. 66 Issue 3, p235-250, 16p
Publication Year :
2022

Abstract

The adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2006 and, in particular, Article 24 was a landmark in the struggle of people with disability for recognition of their fundamental human rights, including their right to education. As a legally binding treaty under international law, imposing obligations on States Parties that signed and ratified it (including Australia), it required those States Parties to bring their domestic legislation into conformity with their CRPD obligations. The Disability Discrimination Act 1992 (DDA), and the Disability Standards for Education 2005 (Standards) made under it, remain the principal Australian statutory protection of the rights of students with disability to access education on the basis of equality and non-discrimination even though the DDA and the Standards preceded the CRPD. This article explores the proposition that the DDA and the Standards do not adequately implement Australia's international legal obligations in relation to the education of students with disability. Note: This article makes use of agreed or legally defined terms. These terms are presented in italics throughout. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00049441
Volume :
66
Issue :
3
Database :
Complementary Index
Journal :
Australian Journal of Education (Sage Publications Ltd.)
Publication Type :
Academic Journal
Accession number :
160094925
Full Text :
https://doi.org/10.1177/00049441221127454