Aug 2026· Revista de Estudos Interdisciplinares· Vol 25, pp. e3774· 0 citations
Abstract
This study analyzes inclusive special education in Brazil through the lens of the tension between the robust regulatory framework that recognizes inclusion as a fundamental right and its implementation in institutional practices. The objective is to understand the regulatory advances, the structural and institutional gaps that persist in the school systems, and the role of judicial intervention in guaranteeing the right to inclusive education. The analysis shows that, although the Federal Constitution, educational legislation, the Convention on the Rights of Persons with Disabilities, and the Statute of Persons with Disabilities have established important legal guarantees, obstacles remain related to infrastructure, funding, teacher training, pedagogical resources, management, and inter-institutional coordination. In this context, the gap between legal norms and practice contributes to increasing judicialization, especially in cases involving enrollment, specialized educational services, the availability of support professionals, adapted transportation, and curricular accommodations. It is evident that judicialization has an ambivalent nature: it simultaneously ensures the enforceability of rights and highlights structural shortcomings in public policies. It is concluded that the consolidation of inclusive education requires structural investments, continuing professional development, systemic planning, the strengthening of administrative mechanisms, and integration among the different branches of government, in order to reduce dependence on judicial intervention and ensure substantive equality and effective educational participation.
This article aims to analyze the intersection between law and education in light of the 1988 Federal Constitution and infra-constitutional legislation, with an emphasis on the realization of the fundamental right to education, especially for children and adolescents. Using a qualitative and theoretical approach, grounded in a literature review and documentary analysis, the article discusses the State’s role in the formulation and implementation of public education policies, specifically regarding the administrative discontinuity resulting from changes in municipal and state governments, as well as the role of the Judiciary in ensuring these rights in the face of administrative inaction. In this regard, the study addresses issues related to school inclusion, budgetary justice, family co-responsibility, and the judicialization of the right to education. It is concluded that, although the Brazilian legal system possesses a robust regulatory framework, its effectiveness depends on coordinated actions among public authorities, educational institutions, families, and civil society, with a view to overcoming structural inequalities and promoting human dignity.
Joel Feitosa da Costa, Alexandre Coutinho da Silveira· Revista de Estudos Interdisc...· 0 citations
Inclusive education has established itself as an international norm, enshrined in the major instruments of disability rights law and reaffirmed by the development commitments of the twenty-first century. In response, Cameroon has built a coherent legal and policy architecture: Law No. 2010/002 on the protection and promotion of persons with disabilities, the ratification of the Convention on the Rights of Persons with Disabilities, and the Education and Training Sector Plan 2020-2030. This critical review article sets that normative architecture against the institutional realities observable in the primary schools of Yaoundé. Drawing on a systematic reading of the scientific literature, institutional reports, and available field data, it documents a persistent gap between legal ambition and daily practice. The indicators converge: fewer than six hours devoted to special educational needs in initial teacher training, adapted infrastructure present in fewer than 3% of primary schools, the absence of any national screening mechanism, and weak coordination between the health and education sectors. The analysis shows that this gap does not stem from a deficit of normative will but from a chain of implementation conditions that remain unmet, chief among them teacher preparation, financing, and infrastructure. The article concludes that inclusion in Cameroon remains largely declarative and offers ranked recommendations to narrow the distance between the text and the classroom, from a perspective attentive to the specificity of the sub-Saharan context.
Che Myra Dum, Romuald Stone Mbangmou, S. N. Ilouga· International journal of res...· 0 citations
Education has long been recognised as the foundation for achieving equality, social mobility, and democratic participation. In India, the constitutional vision of educational justice extends beyond formal equality and seeks to address historical discrimination through affirmative action measures, including reservations, scholarships, institutional support, and targeted welfare initiatives for socially and educationally disadvantaged groups. The introduction of the National Education Policy (NEP) 2020 represents the most significant educational reform since 1986, aiming to transform India's education system by emphasising equity, inclusion, quality, accessibility, and multidisciplinary learning. While the policy proposes numerous initiatives to improve educational participation among marginalized communities, its implementation raises important constitutional questions concerning the effectiveness of affirmative action in ensuring substantive equality. Recent academic literature has examined various dimensions of NEP 2020, including teachers' perspectives, inclusion of students with disabilities, awareness among educational stakeholders, institutional challenges, and curriculum reforms, highlighting both the transformative potential and practical limitations of the policy. This research adopts a doctrinal approach supplemented by a district-specific analysis of Tirunelveli, Tamil Nadu, to evaluate whether the objectives of affirmative action have been strengthened under NEP 2020. The study critically analyses constitutional provisions, judicial precedents, statutory developments, and policy initiatives governing educational inclusion, particularly concerning Scheduled Castes, Scheduled Tribes, Other Backward Classes, Economically Weaker Sections, women, minorities, and persons with disabilities.Education has long been recognised as the foundation for achieving equality, social mobility, and democratic participation. In India, the constitutional vision of educational justice extends beyond formal equality and seeks to address historical discrimination through affirmative action measures, including reservations, scholarships, institutional support, and targeted welfare initiatives for socially and educationally disadvantaged groups. The introduction of the National Education Policy (NEP) 2020 represents the most significant educational reform since 1986, aiming to transform India's education system by emphasising equity, inclusion, quality, accessibility, and multidisciplinary learning. While the policy proposes numerous initiatives to improve educational participation among marginalized communities, its implementation raises important constitutional questions concerning the effectiveness of affirmative action in ensuring substantive equality. Recent academic literature has examined various dimensions of NEP 2020, including teachers' perspectives, inclusion of students with disabilities, awareness among educational stakeholders, institutional challenges, and curriculum reforms, highlighting both the transformative potential and practical limitations of the policy. This research adopts a doctrinal approach supplemented by a district-specific analysis of Tirunelveli, Tamil Nadu, to evaluate whether the objectives of affirmative action have been strengthened under NEP 2020. The study critically analyses constitutional provisions, judicial precedents, statutory developments, and policy initiatives governing educational inclusion, particularly concerning Scheduled Castes, Scheduled Tribes, Other Backward Classes, Economically Weaker Sections, women, minorities, and persons with disabilities.
L. Selvi, Dr B Rajeswari· Genetics and Molecular Resea...· 0 citations
Special education has moved, in both India and Ireland, from a discretionary welfare concern to a claimed legal entitlement. Yet the two common law jurisdictions, though sharing a constitutional inheritance, have translated the promise of inclusion into enforceable law and workable practice along markedly different lines, and both continue to face a gap between statutory promise and classroom delivery. This article undertakes a comparative doctrinal and policy analysis of the right to education, with particular emphasis on special and inclusive education, measured against Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). In India, the entitlement is assembled from constitutional foundations (Articles 21A, 14, 15 and 41), the Right of Children to Free and Compulsory Education Act 2009, the Rights of Persons with Disabilities Act 2016, and an expanding body of jurisprudence. In Ireland, the right emerged through landmark litigation and was to be secured by the Education for Persons with Special Educational Needs (EPSEN) Act 2004, key provisions of which remain uncommenced two decades later and are now under formal scrutiny through the 2025 EPSEN Review. Despite differing legal architectures, both systems display a recurring pattern in which statutory aspiration is undermined by weak enforcement machinery and limited accountability. The analysis identifies transferable reform priorities, including enforceable individualised education plans, an independent appellate mechanism, expanded investment in trained special educators, and a robust monitoring system, as necessary conditions for realising acceptability, accessibility, and adaptability in education for every child.
S. Bose, Deepak Bansal, Kritika· International journal of bus...· 0 citations
Uganda's transition to competency-based education and training represent one of the most significant pedagogical and regulatory reforms in contemporary African education policy. This article critically examines the legal and policy frameworks underpinning this transition at national, regional, continental, and international levels. Through a qualitative case study design employing document analysis and the IRAC framework for legal analysis, the study draws on parliamentary records, assessment data, labour market surveys, and recent scholarly literature. The findings reveal a fundamental implementation paradox: institutional compliance with regulatory mandates coexists with persistent deficiencies in applied competencies that competency-based education was designed to cultivate. Despite possessing one of the most progressive legal frameworks in Sub-Saharan Africa, Uganda faces significant challenges including definitional ambiguity in the Technical and Vocational Education and Training Act 2025, delayed issuance of subsidiary legislation for the Skills Development Levy, inadequate teacher preparedness, resource disparities across institutions, and weak industry engagement mechanisms. The study identifies three interrelated gaps: legislative ambiguity, institutional capacity deficits, and absence of outcome-based accountability. These gaps are compounded by regional and gender disparities, with labour underutilization reaching 58.3% among youth aged 15-19. The article concludes that sustainable reform requires moving beyond regulatory compulsion toward outcome-based accountability, genuine industry partnership, equitable resource distribution, and policy coherence across national, regional, and international frameworks. Evidence from across Sub-Saharan Africa confirms that legal mandate alone is insufficient without congruent resource allocation, pedagogical transformation, and sustained stakeholder engagement. The article offers targeted recommendations for legislative amendment, regulatory development, and equity sensitive implementation.
Mpaata Ibrahim Kaziba, Richard Wemesa, Joshua Mwesigye et al.· Journal of scientific report...· 0 citations
This article explores the development of inclusive education (IE) from global perspectives to its implementation in Nepal. It first traces the historical evolution of education and special education in Nepal, from restricted access under the Rana regime to the National Education System Plan (1971), the establishment of the Special Education Council (1973), and the Special Education Policy (1996), situating this trajectory within the broader global shift from segregation and the medical model of disability toward a rights-based approach guided by frameworks such as the Salamanca Statement and the UN Convention on the Rights of Persons with Disabilities. Building on this foundation, the study examines Nepal's policy development and progress toward inclusive education, including its constitutional and legal commitments, while identifying persistent implementation challenges such as weak enforcement, limited teacher preparation, inaccessible infrastructure, and systemic barriers linked to caste, gender, and geography. It argues that inclusive education should be understood as a broader commitment to social justice, equity, and diversity rather than only a provision for students with disabilities. The article concludes that achieving inclusive education in Nepal requires systemic reforms in curriculum, pedagogy, teacher development, and community support systems.
Pardeep Raj Kapadi· Panauti Journal· 0 citations
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