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Art.24 Education

Dimitris Anastasiou, Michael Gregory, James M Kauffman

From: The UN Convention on the Rights of Persons with Disabilities: A Commentary

Edited By: Ilias Bantekas, Michael Ashley Stein, Dimitris Anastasiou

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 May 2023

Disability — Right to education — Jurisdiction

This chapter examines Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which recognizes the right of persons with disabilities (PWD) to education and lifelong learning, specifying obligations of states parties that are necessary for realizing this right. Consistent with the CRPD as a whole and with other human rights treaties, it seeks to eliminate discrimination against and equalize educational opportunities for PWD. Nevertheless, it is argued that several tensions and ambiguities embodied in Article 24 raise questions about its efficacy for ultimately achieving its important vision. Despite its categorization as an ‘economic, social, and cultural right’, Article 24 appears to operate in practice primarily as an anti-discrimination measure, which inhibits its potential for securing socio-economic justice for all PWD. In this regard, it diverges from the paradigm that has characterized other international statements on the right to education.

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