Beyond the Law: Critical Reflections on International Human Rights Law and Policy 2012

Griffith College Cork, 7th -8th June 2012

Special Educational Needs Provision: Does Ireland Measure

up to International Human Rights Standards?

Andrea Broderick

Convention on the Rights of Persons with Disabilities

Irish Special Education Law

Irish Special Education Policy

Irish Special Education Practice

Role of Education for Disabled People

“If every child matters, every child has the right to

a good start in life. If every child matters, every

child has the right to be included. And that is so

important for children with special needs.”

~Cherie Blair~

Education as a Pre-Requisite to the Exercise of Other Rights

Importance of Early Intervention

Every €1 spent on a child’s education before the age of

10 years of age will save the Irish government €7 on

future costs.

___________________________________________________

(Dail Debates 2012)

Vital Statistic

Total number of children in Ireland with a special

educational need is estimated to be 190,303, equivalent to

almost18% of all children

______________________________________________

(Estimate from the National Council for Special

Education Implementation Report 2006)

Special Educational Provision in Ireland

Appalling record of the Irish government

History of neglect and exclusion

Notable improvement in the last two decades in the Irish state’s response to special needs as a result of court cases:

- O’Donoghue v Minister for Health and Education [1996] 2 I.R. 20 (SC) - Sinnnott v Minister for Education [2001] 2 IR 545 (HC)(SC)

However, barriers still exist in Ireland if we are to live up to international standards

Article 24 of the CRPD

Inclusive education system

Lifelong learning

The full development of human potential of each child

(a) Persons with disabilities are not excluded from education;

(b) Access to inclusive education on an equal basis with others;

(c) Reasonable accommodation of the individual's requirements;

(d) Effective education;

(e) Effective individualized support measures

Barriers in Ireland to Inclusive Education

Constitutional Right to Education

High level of obligation placed on the Irish state by

Constitution

The obligation placed on the state is the same,

irrespective of whether a child has a disability or

not

Judicial interpretation has diminished the state’s

obligation

The right has been interpreted as ceasing at the age

of eighteen, regardless of need

Potential of the CRPD to promote reform through

lifelong learning

Irish Legislative Framework for Special Education

Education Act (1998)

Education for Children with Special Needs Act (2004)

Disability Act (2005)

EPSEN ACT (2004) Positive Features:- Right to Educational Assessment and an Individual Educational

Plan

Deficiencies in the EPSEN Act:

- Act not yet implemented: CRPD requires a realistic timeframe for

implementation

- Lack of guidance on what constitutes an appropriate education

for disabled children: CRPD focus on the outcomes to be

achieved by the education system – potential for curriculum-based

assessments

Overly dependent on resource considerations: Potential of

CRPD to increase allocation to special needs through Optional

Protocol

Notable improvement in policy approach in Ireland

Inclusive approach to special education, in line with international standards

Introduction of automatic supports

Policy Developments in Ireland

Irish Special Educational Provision

Deficiencies in Irish Special EducationInadequate Support Framework in Mainstream Schools

- National Educational Psychology Service: 5,000 pupils to each psychologist in Ireland as opposed to European average of 3,000 to one and 2 referrals per year per school

-HSE: 2,800 children waiting on assessments - Huge delays in the system.

System is input-oriented rather than output-oriented:

- CRPD requires states to monitor the right to education in Article 33 CRPD

Deficiencies in Irish Special Education

Transition from primary to secondary school - CRPD places emphasis on individualised supports.

Inaccessible curriculum: - CRPD notion of universal design and flexible approach to assessment.

System of categorisation and resource allocation: - CRPD promotes system where child is educated in line with abilities.

Capacity of School:

- CRPD can promote whole-school approach and capacity-building.

Conclusion

Ireland has made great strides in developing inclusive policies and laws.

Education provision has improved dramatically.

HOWEVER

There is still huge room for improvement.

The Convention on the Rights of Persons with Disabilities can help in improving the situation for disabled children.

“The Convention on the Rights of Persons with

Disabilities can help to close the gap between the

theory of inclusive education and the reality”

~ Inclusion International~

“If we are to achieve a richer culture, we must weave

one in which each diverse human gift will find a

fitting place”

~ Margaret Mead ~

THANK YOU FOR YOUR ATTENTION!

Contact: andreabrod@gmail.com