The educational rights of children with disability in Australia

Satine Winter; Kate De Bruin

doi:10.1007/978-3-030-80861-7_4

The educational rights of children with disability in Australia

Satine Winter, Kate De Bruin

School of Curriculum Teaching & Inclusive Education

Research output: Chapter in Book/Report/Conference proceeding › Chapter (Book) › Research › peer-review

Abstract

Children with disabilities’ right to an education are articulated through Articles 23 and 28 of the Convention on the Rights for Children (UNCRC) and viewed in conjunction with Article 29. Advances in disability rights and educational practices have meant the interpretation and realisation of disability rights in education do not align with the original text of the UNCRC. We explore and critique disability rights for children in, to, and through the Australian educational context and examine how enacted domestic legislation and policy align with the obligations outlined in the UNCRC. Our analysis of the rights of children with disabilities reveals inconsistencies and conflicts between the articulation of disability rights in the UNCRC and their realisation in and to education in practice. Moreover, children with disabilities rights are found to be inferior to non-disabled children’s rights and lacking in the future vision for education. We recommend the need to update the UNCRC and to use other disability specific Conventions to fully realise disability educational rights.

Original language	English
Title of host publication	Children’s Rights from International Educational Perspectives
Subtitle of host publication	Wicked Problems for Children’s Education Rights
Editors	Jenna Gillett-Swan, Nina Thelander
Place of Publication	Cham Switzerland
Publisher	Springer
Chapter	4
Pages	39-55
Number of pages	17
Edition	1st
ISBN (Electronic)	9783030808617
ISBN (Print)	9783030808600
DOIs	https://doi.org/10.1007/978-3-030-80861-7_4
Publication status	Published - 2021

Publication series

Name	Transdisciplinary Perspective in Educational Research
Publisher	Springer
Volume	2
ISSN (Print)	2662-6691
ISSN (Electronic)	2262-6705

Keywords

Access
Children with disabilities
Education
Educational rights
Inclusion
Legislation
Segregation

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Access to Document

10.1007/978-3-030-80861-7_4

1 Article

Inclusion: an introduction
De Bruin, K., Sept 2022, LDA Bulletin, 54, 2, p. 23-27 5 p.
Research output: Contribution to specialist publication › Article › Other

Open Access

1 Submissions to industry or govt committees, commissions and inquiries

Statement of Dr Kate de Bruin provided to the Disability Royal Commission
Kate De Bruin (Fellow)
2020
Activity: External Academic Engagement › Submissions to industry or govt committees, commissions and inquiries

Inclusion Dialogue: Achieving systemic reform for inclusion through MTSS
Kate De Bruin
21/01/21
1 Media contribution
Press/Media: Blogs, Podcasts and Social Media › Blogs

Cite this

Winter, S., & De Bruin, K. (2021). The educational rights of children with disability in Australia. In J. Gillett-Swan, & N. Thelander (Eds.), Children’s Rights from International Educational Perspectives: Wicked Problems for Children’s Education Rights (1st ed., pp. 39-55). (Transdisciplinary Perspective in Educational Research; Vol. 2). Springer. https://doi.org/10.1007/978-3-030-80861-7_4

Winter, Satine ; De Bruin, Kate. / The educational rights of children with disability in Australia. Children’s Rights from International Educational Perspectives: Wicked Problems for Children’s Education Rights. editor / Jenna Gillett-Swan ; Nina Thelander. 1st. ed. Cham Switzerland : Springer, 2021. pp. 39-55 (Transdisciplinary Perspective in Educational Research).

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abstract = "Children with disabilities{\textquoteright} right to an education are articulated through Articles 23 and 28 of the Convention on the Rights for Children (UNCRC) and viewed in conjunction with Article 29. Advances in disability rights and educational practices have meant the interpretation and realisation of disability rights in education do not align with the original text of the UNCRC. We explore and critique disability rights for children in, to, and through the Australian educational context and examine how enacted domestic legislation and policy align with the obligations outlined in the UNCRC. Our analysis of the rights of children with disabilities reveals inconsistencies and conflicts between the articulation of disability rights in the UNCRC and their realisation in and to education in practice. Moreover, children with disabilities rights are found to be inferior to non-disabled children{\textquoteright}s rights and lacking in the future vision for education. We recommend the need to update the UNCRC and to use other disability specific Conventions to fully realise disability educational rights.",

keywords = "Access, Children with disabilities, Education, Educational rights, Inclusion, Legislation, Segregation",

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Winter, S & De Bruin, K 2021, The educational rights of children with disability in Australia. in J Gillett-Swan & N Thelander (eds), Children’s Rights from International Educational Perspectives: Wicked Problems for Children’s Education Rights. 1st edn, Transdisciplinary Perspective in Educational Research, vol. 2, Springer, Cham Switzerland, pp. 39-55. https://doi.org/10.1007/978-3-030-80861-7_4

The educational rights of children with disability in Australia. / Winter, Satine; De Bruin, Kate.
Children’s Rights from International Educational Perspectives: Wicked Problems for Children’s Education Rights. ed. / Jenna Gillett-Swan; Nina Thelander. 1st. ed. Cham Switzerland: Springer, 2021. p. 39-55 (Transdisciplinary Perspective in Educational Research; Vol. 2).

Research output: Chapter in Book/Report/Conference proceeding › Chapter (Book) › Research › peer-review

TY - CHAP

T1 - The educational rights of children with disability in Australia

AU - Winter, Satine

AU - De Bruin, Kate

PY - 2021

Y1 - 2021

N2 - Children with disabilities’ right to an education are articulated through Articles 23 and 28 of the Convention on the Rights for Children (UNCRC) and viewed in conjunction with Article 29. Advances in disability rights and educational practices have meant the interpretation and realisation of disability rights in education do not align with the original text of the UNCRC. We explore and critique disability rights for children in, to, and through the Australian educational context and examine how enacted domestic legislation and policy align with the obligations outlined in the UNCRC. Our analysis of the rights of children with disabilities reveals inconsistencies and conflicts between the articulation of disability rights in the UNCRC and their realisation in and to education in practice. Moreover, children with disabilities rights are found to be inferior to non-disabled children’s rights and lacking in the future vision for education. We recommend the need to update the UNCRC and to use other disability specific Conventions to fully realise disability educational rights.

AB - Children with disabilities’ right to an education are articulated through Articles 23 and 28 of the Convention on the Rights for Children (UNCRC) and viewed in conjunction with Article 29. Advances in disability rights and educational practices have meant the interpretation and realisation of disability rights in education do not align with the original text of the UNCRC. We explore and critique disability rights for children in, to, and through the Australian educational context and examine how enacted domestic legislation and policy align with the obligations outlined in the UNCRC. Our analysis of the rights of children with disabilities reveals inconsistencies and conflicts between the articulation of disability rights in the UNCRC and their realisation in and to education in practice. Moreover, children with disabilities rights are found to be inferior to non-disabled children’s rights and lacking in the future vision for education. We recommend the need to update the UNCRC and to use other disability specific Conventions to fully realise disability educational rights.

KW - Access

KW - Children with disabilities

KW - Education

KW - Educational rights

KW - Inclusion

KW - Legislation

KW - Segregation

U2 - 10.1007/978-3-030-80861-7_4

DO - 10.1007/978-3-030-80861-7_4

M3 - Chapter (Book)

SN - 9783030808600

T3 - Transdisciplinary Perspective in Educational Research

SP - 39

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BT - Children’s Rights from International Educational Perspectives

A2 - Gillett-Swan, Jenna

A2 - Thelander, Nina

PB - Springer

CY - Cham Switzerland

ER -

Winter S, De Bruin K. The educational rights of children with disability in Australia. In Gillett-Swan J, Thelander N, editors, Children’s Rights from International Educational Perspectives: Wicked Problems for Children’s Education Rights. 1st ed. Cham Switzerland: Springer. 2021. p. 39-55. (Transdisciplinary Perspective in Educational Research). doi: 10.1007/978-3-030-80861-7_4

The educational rights of children with disability in Australia

Abstract

Publication series

Keywords

UN SDGs

Access to Document

Research output

Inclusion: an introduction

Activities

Statement of Dr Kate de Bruin provided to the Disability Royal Commission

Press/Media

Inclusion Dialogue: Achieving systemic reform for inclusion through MTSS

Cite this