The Convention on the Rights of Persons with Disabilities conceptualizes disability as a human rights issue and requires state parties to provide an inclusive education to all children with disabilities. However, China and India, the two most populous signatory countries, do not currently provide inclusive education—described by the Convention as nondiscriminatory access to general education, reasonable accommodation of disability, and individualized supports designed to fulfill the potential of individual children with disabilities. Though both India and China have laws that encourage the education of children with disabilities, neither country’s laws mandate inclusive education and neither country currently provides universal education to children with disabilities. Furthermore, both countries lack the funding and teaching force to enforce existing laws or provide inclusive education. Assuming that India and China intend to comply with the Convention, the United Nations must use the Convention to persuade China and India to also change domestic laws and facilitate the involvement of non-governmental organizations that can help increase and effectively use fiscal and human resources necessary to provide inclusive education to all students with disabilities.
Vanessa T. Hernandez,
Making Good on the Promise of International Law: The Convention on the Rights of Persons with Disabilities and Inclusive Education in China and India,
17 Pac. Rim L & Pol'y J.
Available at: https://digitalcommons.law.uw.edu/wilj/vol17/iss2/8