GROUP 4

CHAPTER SIX
LEGAL FRAMEWORK
 ASSIGHNMENT OBJECTIVES

 Upon concluding this chapter, students will be equipped to:

 Engage in comprehensive discussions about the concept of legal frameworks.

 Recognize and differentiate between international and national legal frameworks
concerning inclusivity.
 Examine the application of legal frameworks and their efficacy.
 Explore and assess the shortcomings in implementing legal frameworks to foster
inclusion, and propose potential solutions.
 General outline of Legal Frameworks
 Discrimination against PDWs has a long history and PDWs are frequently excluded from social
participation and denied their human rights.
 Discrimination against people with disabilities can take many forms, from limited educational
opportunities to more subtle forms, such as discrimination and isolation due to physical barriers and
social.
 The effects of discrimination are most clearly felt in the area of economic, social and cultural rights, in
areas such as housing, employment, transport, cultural life and access to public services.
 According to the Universal Declaration of Human Rights, all human beings are born free and equal in
dignity and rights.
 However, this is far from becoming a reality for people with disabilities worldwide.
 Indeed, the living conditions of people with disabilities are always worse than that of other citizens.
 The rights of PDWs are increasingly recognized in international and national law.
 For example, the Declaration on the Rights of the mentally retarded (1971) and the Declaration on the
Rights of Persons with Disabilities (1975) both establish the principle of equal rights for persons with
disabilities.
 The above and other laws enacted after the above statements have encouraged persons with disabilities
to address all aspects of life for persons with disabilities, such as equal opportunities, physical
environment, services, education, employment and social protection.
 The rules also act as an international instrument and as a control mechanism to ensure the effective
application of stated rights
Legal Frameworks Regarding Inclusion

 Children and youth with disabilities have moral, civil, parental, ethical and legal rights (right to
learn with nondisabled children).
 They should not be treated as marginal, rather they must involve in different community activities.
 They must be consulted and be involved in decision making processes.
 Inclusive in education is the most effective means of combating discriminatory Attitudes, creating
welcoming community and building an inclusive society.
 They are essential to the enjoyment and exercise of human right.
 Thus, the right to an inclusive education for PWDs is a fundamental human right. It emerged first
in general guarantees set forth in the Universal Declaration on Human Rights and then in more
detailed expression in the International Covenant on Economic and Cultural Rights (ICESCR).
 Other international instruments express the link between the right to education and the needs of
persons with disabilities.
 In addition, states have specific obligations under international law to respect, protect and fulfill
the right to inclusive education for persons with disabilities.
 The obligation to respect requires States to refrain from denying or limiting equal access to
inclusive education for persons with disabilities.
 This right should be guaranteed by law.
International and National Legal Frameworks
International Legal Framework
 There have been international efforts to address equal opportunity of PWDs in
employment to address such challenges primarily from ILO a specialized agency of UN
and the General Assembly of the UN itself.
 Most of the endeavors resulted in the adoption of resolutions and recommendations as
well as conventions featuring different legal effect.
 While conventions produce a binding legal effect, resolutions, declarations and
recommendation, which are referred as soft laws, do not create binding legal effect.
 However, it does not mean that they are adopted for no purpose since they can have a
role to play in awareness raising, influencing future development and encourage
national policy initiatives.
 International human rights instruments protect the rights of persons with disabilities
through the principles of equality and non-discrimination.
 There are a number of international legal frameworks regarding people with disability
that are aimed at protecting the rights of persons with disabilities through the principles
of equality and nondiscrimination
The following are some of the major international legal frameworks that support inclusion
of people with disabilities and vulnerabilities.
A) 1948 Universal Declaration of Human Rights – Article 26
 Everyone has the right to education. Education shall be free, at least in the elementary
and fundamental stages. Elementary education shall be compulsory. Technical and
professional education shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.
 Education shall be directed to the full development of the human personality and to
the strengthening of respect for human rights and fundamental freedoms. It shall
promote understanding, tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations for the maintenance of
peace.
 Parents have a prior right to choose the kind of education that shall be given to their
children.
B) The UN Convention on the Rights of the Child, 1989 Extracts from Articles, 2, 23,
28 and 29
Article 2
 States Parties are required to protect and guarantee the rights mentioned in the
Convention to every child under their authority, regardless of discrimination based on
factors such as race, gender, religion, or disability. This pertains to both the child and
their parents/guardians.
Article 23
 States Parties recognize that a mentally or physically disabled child should enjoy a full and
decent life, in conditions which ensure dignity, promote self-reliance, and facilitate the
child‘s active participation in the community.
 Recognize the right of the child to special care subject to available resources.
 Acknowledging the unique requirements of disabled children, States must consider the
financial means of caregivers and guarantee access to education, healthcare, rehabilitation,
employment preparation, and recreation for such children. These services should promote
the child's full social integration and personal growth, encompassing cultural and spiritual
development.
Article 28
 States Parties recognize the right of the child to education and with a view to achieving this
right progressively and on the basis of equal opportunity, they shall, in particular:
a) Enforce mandatory and universally accessible primary education without cost. ;
b) Encourage the development of different forms of secondary education, including general
and vocational education, make them available and accessible to every child;
c) Make higher education accessible to all;
d) Ensure that educational and vocational information and guidance are readily available and
accessible to every child.
e) Take measures to encourage regular attendance at schools and the reduction of drop-out
Article 29
 States Parties agree that the education of the child shall be directed to:
(a) The development of the child‘s personality, talents and mental and physical abilities to their
fullest potential;
(b) The development of respect for human rights and fundamental freedoms;
(c) The development of respect for the child‘s parents, his or her own cultural identity, language
and values, for the national values of the country in which the child is living, the country from
which he or she may originate, and for civilizations different from his or her own;
(d) the preparation of the child for responsible life in a free society;
(e) The development of respect for the natural environment.
 Article 23 focuses specifically on children with disabilities and positively affirms their right to
a full and decent life. However, it has weaknesses because it makes the rights of children with
disabilities subject to available resources and focuses on special needs without defining this.
This article needs to be considered in the context of the underpinning principles of the
UNCRC, plus Articles 28 and 29 on education that apply to all children.
C) World Conference on Education for All, Jomtien, and 1990
World Declaration on Education for All: Meeting Basic Learning
Needs

 It acknowledged that educational disparities existed and that many different

particular groups were vulnerable to discrimination and exclusion.
 These included girls, the poor, street and working children, rural and remote
populations, minority ethnic groups and other groups, with particular mention
made of people with disabilities.
 Jomtien additionally triggered a shift from a inflexible, directive educational
structure to a flexible one designed to be customized and adjusted to the
requirements, cultures, and situations of learners.
Article III – Universalizing access and promoting equity
1. Basic education should be provided to all children, youth and adults. To this end, basic
education services of quality should be expanded and consistent measures must be taken to
reduce disparities.
2. For basic education to be equitable, all children, youth and adults must be given the
opportunity to achieve and maintain an acceptable level of learning.
3. The most urgent priority is to ensure access to, and improve the quality of, education for
girls and women, and to remove every obstacle that hampers their active participation. All
gender stereotyping in education should be eliminated.
4. Dedicated efforts are essential to address educational inequalities. Disadvantaged
groups, including the impoverished(poor), those in labor or street situations, rural
inhabitants, migrants, and various minorities, must not face any educational access
discrimination. Equity should prevail for all.
5. The learning needs of the disabled demand special attention. Steps need to be taken to
provide equal access to education to every category of disabled persons as an integral part
of the education system.
D) The World Programmed of Action, 1982 and the Standard Rules, 1993 the
World Programmed of Action Concerning Persons with Disability
 This originated from the International Year of Disabled Persons in 1981, a landmark
period in the history of disability rights. The World Program of Action laid the
foundations for inclusive education by stating that:
 The education of disabled persons should as far as possible take place in the general
school system.
 Responsibility for their education should be placed upon the educational authorities.
 Laws regarding compulsory education should include children with all ranges of
disabilities, including the most severely disabled
 Educational services for disabled children should be individualized, locally accessible
and comprehensive.
E) The Standard Rules on the Equalization of Opportunities for Persons
with Disabilities - Rule 6
 Covering various aspects of disability rights, including education, Rule 6 aligns with
Jomtien's stance on inclusive education and State responsibility. Prioritizing government-led
education for individuals with disabilities, it seeks to rectify the reliance on non-government
entities. : Key points include:
 The State should take responsibility for the education of people with disabilities, and
should a) have a clear policy b) have a flexible curriculum c) provide quality materials, and
ongoing teacher training and support.
 Integration in mainstream schools is promoted with some key conditions; it should be
properly resourced and of high quality – it should not be seen as a cheap option.
 Special attention should be given to very young and pre-school children, and to women
with disabilities
 Community-based program are seen as complementary to integrated‘ education
 Special education is not ruled out where the mainstream system is inadequate, and for deaf
and deaf/blind students
F) The Salamanca Statement and Framework for Action on
Special Needs Education, 1994
 The Framework changed how people thought and acted. It came from teachers and
school staff trying to help all kids learn together, not just from disabled activists. One
big difference is that instead of talking about certain groups like disabled kids or girls
and their rights, it looked at helping all children learn together.
 Salamanca the focus was on diversity of children‘s characteristics and educational
needs. It marked a big shift away from the dominant paradigm in special needs
education, which was strongly supportive of segregated special schools. It reflected the
new thinking in special needs education and promoted the concept of the fully inclusive
school.
 The Salamanca Statement and Framework for Action is still a key international
document on the principles and practice of inclusive education. It brings together
fundamental principles of inclusion.
Article 2:-Highlighting the significance of inclusive education, the ariticle emphasizes
that schools that embrace inclusivity effectively counter prejudice, foster inclusive
communities, and promote education for all. Furthermore, inclusive schools not only
enhance social integration but also offer quality education for most children and enhance
the overall efficiency of education systems.
Article 3: Governments should legally or policy-wise embrace inclusive education as a rule, unless
there are strong justifications for an alternative approach. The core principle of the Framework is that
schools should cater to all children, encompassing those with disabilities, gifted students, those from
marginalized groups, and others. Inclusive schools face the task of creating a child-focused teaching
approach to educate all children effectively.

Article 4: Recognizing that human diversity is natural and education should adjust to individual
needs, a child-centered approach benefits all students and society by lowering drop-out rates, reducing
repetition, and elevating achievement levels. Moreover, child-centered schools cultivate a people-
oriented society that values both human distinctions and dignity.

Article 6: -Inclusion and participation are essential to human dignity and to the enjoyment and
exercise of human rights.
Article 7: -The fundamental principle of the inclusive school is that all children should learn together,
wherever possible, regardless of any difficulties or differences they may have. Inclusive schools must
recognize and respond to the diverse needs of their students, accommodating both different styles and
rates of learning.
Article 10: -Experience suggests that inclusive schools, serving all of the children in a community,
are most successful in eliciting community support and in finding imaginative and innovative ways of
using the limited resources that are available.
Article 18: -Educational polices at all levels, from the national to the local, should stipulate that a
child with a disability should attend the neighborhood school that is, the school that would be attended
if the child did not have a disability.
G) Convention on the Rights of Persons with Disabilities, 2006
Article 24 – Education
1. States Parties recognize the right of persons with disabilities to education. With a view to realizing this right
without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education
system at all levels and lifelong learning directed to:
(a) Fostering complete human potential, self-worth, and respect for rights, freedoms, and diversity.
(b) The development by persons with disabilities of their personality, talents and creativity, as well as their
mental and physical abilities, to their fullest potential;
(c) Enabling persons with disabilities to participate effectively in a free society.
2. In realizing this right, States Parties shall ensure that:
(a) No disability-based exclusion from general or compulsory education for individuals with disabilities
(b) Persons with disabilities can access an inclusive, quality and free primary education and secondary
education on an equal basis with others in the communities in which they live;
(c) Reasonable accommodation of the individual‘s requirements is provided;
(d) Persons with disabilities receive the support required, within the general education system, to facilitate their
effective education;
(e) Effective individualized support measures are provided in environments that maximize academic and social
development, consistent with the goal of full inclusion.
3. States Parties shall enable persons with disabilities to learn life and social development
skills to facilitate their full and equal participation in education and as members of the
community. To this end, States Parties shall take appropriate measures, including:
(a) Promoting Braille, alternative communication, mobility skills, and peer support for
enhanced learning.
(b) Facilitating the learning of sign language and the promotion of the linguistic identity of
the deaf community;
(c) Providing tailored education for blind, deaf, and deaf-blind individuals in suitable
languages and communication modes to enhance academic and social growth.
4. States must employ qualified teachers, including those with disabilities, and provide
training to all education staff, integrating disability awareness and diverse communication
methods, to support individuals with disabilities.
5. States Parties shall ensure that persons with disabilities are able to access general tertiary
education, vocational training, adult education and lifelong learning without discrimination
and on an equal basis with others. To this end, States Parties shall ensure that reasonable
accommodation is provided to persons with disabilities.
H) World Education Forum, Dakar, 2000
 In April 2000, over 1,100 participants from 164 countries gathered in Dakar, Senegal, for the World
Education Forum and adopted the 2,000-word Dakar Framework for Action – Education for All: Meeting
Our Collective Commitments, which set forth the goals.
I) expanding and improving comprehensive early childhood care and education, especially for the most
vulnerable and
disadvantaged children;
ii) ensuring that by 2015 all children, particularly girls, children in difficult circumstances and those belonging to
ethnic minorities, have access to and complete free and compulsory primary education of good quality;
iii) ensuring that the learning needs of all young people and adults are met through equitable access to
appropriate learning and life skills programs;
iv) achieving a 50 per cent improvement in levels of adult literacy by 2015, especially for women, and equitable
access to basic and continuing education for all adults;
v) eliminating gender disparities in primary and secondary education by 2005, and achieving gender equality in
education by 2015, with a focus on ensuring girls‘ full and equal access to and achievement in basic education of
good quality; and
vi) improving all aspects of the quality of education and ensuring excellence of all so that recognized and
measurable learning outcomes are achieved by all, especially in literacy, numeracy and essential life skills.
I) 1960 UNESCO Convention against Discrimination in Education –
Articles 1, 3 and 4
Article 1
1. In this Convention, 'discrimination' encompasses distinctions or preferences based on
various factors that undermine equal treatment in education, including race, color, sex,
religion, and origin. In particular;
a Denying access to any form or level of education for individuals or groups.
b. Of limiting any person or group of persons to education of an inferior standard;
c. Apart from Article 2, creating separate educational systems for individuals or groups is
prohibited.
d. Causing conditions incompatible with human dignity for individuals or groups.
2. For the purposes of this Convention, the term `education' refers to all types and levels
of education, and includes access to education, the standard and quality of education, and
the conditions under which it is given.
Article 3
 In order to eliminate and prevent discrimination within the meaning of this Convention,
the States Parties there to undertake:
(a) Ending discriminatory practices in education by revoking statutes, instructions, and
practices.
(b) To ensure, by legislation where necessary, that there is no discrimination in the
admission of pupils to educational institutions;
(c) Public authorities must treat nationals fairly regarding school fees, scholarships,
permits, and facilities for foreign studies based on merit or need.
(d) Public assistance to educational institutions must not have bias based on pupil
affiliation with any specific group.
(e) Foreign residents must receive equal educational access as local nationals
Article 4
 The States Parties must create a national policy promoting equal education opportunity
and treatment and in particular:
(a) To ensure compulsory free primary education, accessible secondary education, and
equitable higher education based on capacity, with mandatory school attendance.
(b) To maintain equal education standards and quality across public institutions of the same
level.
(c) To promote education for those without primary education or incomplete courses, based
on individual capacity.
(d) To provide training for the teaching profession without discrimination.
National Laws and Policy Frameworks Related With Rights of
PWDs
1. Article 41(5) of Ethiopia's Constitution mandates disability rehabilitation and
support, but lacks explicit assurance of equal employment chances, suggesting a need
for aid due to perceived work limitations.
2. Ethiopia's Labor Proclamation No. 377/2003, amended by No. 494/2006, bars
employer discrimination tied to factors like nationality, gender, religion, and politics.
3. Federal Civil Servant Proclamation No. 515/2007 permits preference for qualified
candidates with disabilities in government recruitment and promotion.
4. Proclamation No. 568/2008 safeguards disabled persons' employment rights,
disallowing discrimination, and mandating inclusive working conditions and
assistance.
5. The Framework Document of 2009 provides for Special Needs Education in TVET.
6. Building Proclamation No. 624/2009 requires accessibility in the design and
construction of buildings for physically impaired persons.
7. Proclamation No. 691/2010 ensures equal opportunities and full participation of
persons with disabilities and those living with HIV/AIDS.
To be continued
8.GTP 2010-2015 makes disability a cross-cutting development focus, prioritizing
prevention, education, training, rehabilitation, and equal opportunities.
9. The National Plan of Action (2012-2021) seeks to create an inclusive Ethiopia by
fulfilling disabled individuals' needs for services, education, training, work, and
community involvement.
10. Proclamation No. 101/1994 is the sole law addressing disabled persons' employment,
safeguarding their rights, and Sections 3 and 4 promoting open labor market opportunities.
11. Article 13/2 of Federal Civil Servant Proclamation No. 1064/2017 bars discrimination
in employment based on various grounds.
12. Labor Proclamation No. 1156/2019 prohibits private sector employment discrimination
based on multiple grounds, including disablement affecting equal treatment.
13. Proclamation No. 1113/2019 oversees civil society organizations, mandating disability
inclusion and considering vulnerable groups' interests.
14. Revised Proclamation No. 1152/2019 mandates inclusive facilities and assistance for
disabled students in higher institutions, to be guided by a directive.
15. Advertisement Proclamation No. 759/2012 regulates commercials and deems content
immoral if it disrespects disabled individuals' dignity or feelings.
16. Ethiopian Building Proclamation No. 624/2009 mandates accessible access and toilets for
disabled individuals in public buildings. Article 36 states that any public building shall have a
means of access suitable for use by physically impaired persons, including those who are
obliged to use wheelchairs.
17. Proclamation No. 1097/2018 outlines responsibilities, including the Ministry of Labor and
Social Affairs' duty to ensure equal opportunities for disabled individuals, the elderly, and
vulnerable groups through collaboration (Article 10/4, 29/11 A).
18. The 1997 Developmental Social Welfare Policy focuses on disabled individuals,
safeguarding their rights, promoting vocational rehab opportunities, and ensuring full
participation in various activities.
19. The 1994 FDRE Education and Training Policy acknowledges special needs but lacks clear
recognition of reasonable accommodation
20. The 2012 FDRE inclusive education strategy addresses policy, strategies, and stakeholder
roles.
Thanks