4 - Barriers to the Implementation of Education Article 24 of the CRPD in Kenya

Summary

Introduction and Background

The Kenyan government's formal support for disability rights began with the Disability Act of 2003. This commitment continued with the signing of the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD) in 2006 and the ratification of the Convention in 2018. Taken together, these actions created a public obligation for the government to respect, protect, and fulfil the provisions in the Convention, including inclusive education (IE). For example, Article 24 of the CRPD declares that ‘States Parties shall ensure an inclusive education system at all levels and lifelong learning directed to enabling persons with disabilities [henceforth PwDs] to participate effectively in a free society’ (UN, 2006). Article 33 speaks to enforcement, calling on signatories to implement and monitor the Convention's provisions (UN, 2008). The Kenyan government acknowledged this responsibility by incorporating the CRPD into Article 2(6) of the Kenyan Constitution of 2010, so that the Convention forms part of Kenyan law.

On paper, therefore, Kenya is firmly committed to IE. However, many learners with disabilities (LwDs) still do not have access to education, despite it being a fundamental right for all as enshrined not only in the CRPD and the Kenyan Disability Act but also in the Universal Declaration of Human Rights (UDHR) (Zandy, 2019). In this country, IE has been defined as a philosophy that focuses on the process of adjusting the home, school, and wider society to accommodate persons with special needs, including disabilities (Ngugi, 2000). However, a significant number of learners and trainees with disabilities are not in school, and those who are in school are enrolled in around 300 special schools and various special units throughout the country (Ministry of Education [MoE], 2005: 11).

Implementing Article 24 in Kenya is complicated by the complex web of interconnected challenges experienced by PwDs, including gender inequality, social and economic constraints, and barriers within mainstream education, all of which affect their ability to access IE. These challenges render a disproportionate number of children and adults with disabilities unable to access good-quality education and attain adequate levels of literacy. Very few young people living with disabilities remain in education beyond primary school level (Global Monitoring Report [GMR], 2012).