Informations and abstract
Keywords: right to education; prohibition of discrimination; Convention on the rights of persons with disabilities; European Court of human rights; European Committee of social rights; inclusion and integration.
Art. 24 of the Convention on the rights of persons with disabilities recognizes the fundamental human right to inclusive education, encouraging educational systems to meet the different needs and learning capacities of pupils. However, the debate over educational strategies for people with disabilities (in particular, with intellectual and sensorial impairments) has been animating pedagogical sciences and is reflected in the different regulatory choices made by the States with reference to special schools for disabled people. At the regional level, there are significant differences in the approach toward this right. In particular, it is interesting to note the diversity of line adopted, on the one hand, by the European Committee of Social Rights – strictly adhering to the idea of inclusion of disabled pupils into mainstreaming schools – and, on the other, by the European Court of human rights, which appears to be less intransigent with domestic preferences in this field.