17 - Emerging Jurisprudence on Inclusive Education under the European Social Charter (Revised)

Summary

The European Social Charter 1961 (the Charter) and the European Social Charter (Revised) 1996 (ESC(R)) have arguably operated under the radar for decades. This chapter argues that it is time for disability rights campaigners and academics to address the hidden existence of the ESC(R) and to bring it into the light. It is evident from the jurisprudence discussed in this chapter there is ample reason to look to the ESC(R) to assist in promoting inclusive education. This chapter addresses the emerging jurisprudence on inclusive education under the ESC(R). In addition, this chapter reviews Article E, the non-discrimination article. Article E has been interpreted broadly and clearly incorporates both direct and indirect discrimination. Finally, the chapter will then address both the collective complaints procedure, followed by the enforcement of case law of the European Committee of Social Rights (the Committee) of the ESC(R).