Right to Education of The Children With Disabilities: Legal Evaluation of The Role of The Administration

Abstract

Article 42 of the Constitution states that no one shall be deprived of the right to education; Article 28 of the United Nations Convention on the Rights of the Child contains provisions that state parties recognize children’s right to education in a manner that respects equal opportunities. However, it is seen that this fundamental right of children cannot be fully established in practice and that the administration cannot fulfill its duties effectively. This is related to the recognization of the right to education as a social right and the approach that the administration’s responsibility for the promotions of such rights is limited to the financial resources. At least one of every three disabled children has no access to education. Some of those who have access to education, are not able to continue their education at all levels and the education is interrupted. It is important to evaluate the educational services in the context of public service principles. It is necessary to consider how the legal basis for all children with disabilities to benefit from the right to education can be established and how to overcome the rights-limiting opinions.