24 - Legislating Inclusive Education in the Era of the CRPD

Summary

The Convention on the Rights of Persons with Disabilities (CRPD), which Kenya ratified in May 2008, affirms that children with disabilities have the right to education on an equal basis with others, and obligates States Parties to ensure an inclusive education system at all levels. This paper is a national case study on Kenya with a focus on legislating for inclusive education for children with disabilities. The paper identifies key issues on implementing inclusive education in the African context by analysing concluding observations issued by the CRPD Committee to the five African states whose state reports have already been considered by the Committee. The paper then assesses the extent to which Kenya’s legislative framework on education (in particular the Basic Education Act) addresses the identified issues using conceptual approaches to inclusive education elucidated in international human rights law. The paper presents the situation with regard to access to education by children with disabilities in Kenya, revealing that Kenya has been ambivalent about fulfilling its obligations under Article 24 of the CRPD. Ultimately, the paper proposes amendments to the Basic Education Act in order to ensure compliance with the CRPD and other international and regional human rights standards on education.