The interpretation and realization of inclusive education in international law

By Carly Mara Toepke

Education is interwoven into the fabric of society and culture. Not only is education a fundamental human right in itself, but it also enhances all other human rights. As such, it takes an elevated place in the human rights regime. Unfortunately, current practice shows that this right is not equally realized for every learner, especially learners with disabilities. The Convention on the Rights of Persons with Disabilities offers a solution for this divergence. This Convention interprets the right to education as being a right to inclusive education. An inclusive education is one that promotes social cohesion, belonging, and participation for every learner. There is no equality in education or education for all, as required by law, without inclusive education.

This book aims to fill the gap between the theory and the practical, legal implementation of inclusive education. It looks at the law behind the right to education to guide legal professionals in ensuring that each learner has equal access to their right. Law is a tool to realize rights and acts as the backbone to enforce the aspirations of the right to inclusive education for all learners. This book uses country comparisons to make recommendations for the implementation and realization of the human right to inclusive education, help clarify State Party obligations, and provide a clear starting point to make inclusive education a reality.

Dr. iur. Carly Toepke, J.D., joined Texas Law in June 2015 as a lecturer and Senior Program Coordinator of Graduate and International Programs. Prior to relocating to Austin, she researched disability human rights law as a Marie Curie Research Fellow at the University of Lucerne in Lucerne, Switzerland, and the Swiss Paraplegic Research in Nottwil, Switzerland, from 2011 to 2015. In 2016, she finished her doctoral degree at the University of Lucerne, Faculty of Law, on the right to inclusive education for children with disabilities. She earned her J.D. from The John Marshall Law School in Chicago, Illinois, in 2011. While earning her degree, she studied abroad at the University of Lucerne. This experience is what sparked her journey into the Human Rights Law field and passion for educational exchange. She received her bachelor’s degrees in Political Science and German from the University of Illinois at Urbana-Champaign in 2008.

June 2017, Paperback 282 Pages