Václav Podhorský
Author’s affiliation: Attorney at Law

The right of access to inclusive education

Jurisprudence 3/2023 Section: Articles Page: 10-21

Keywords: The right to education; Inclusive education; International soft-law; Bankruptcy judgment

Abstract: The article deals with the existence and scope of a subjective individual, vertically acting fundamental human right to be educated inclusively. First, inclusive education is defined and some premises implying its human rights dimension are presented. Then, the limits of claiming that right through Czech constitutional law are outlined. Finally, the article discusses the possibility of claiming the right with reference to general human rights law or through the application of specialized international law. This includes not only the UN Convention on the Rights of Persons with Disabilities (which presupposes answering the question of whether, given its ratification only in 2009, it is part of the constitutional order in the sense of the so-called bankruptcy judgment), but also some other laws of varying legal force and bindingness. In particular, the case law of the ECtHR encourages the conclusion that it is the duty of the state to actively implement inclusive education.

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