19 - Litigating the Right to Inclusive Education under Irish Law

Summary

This paper sets the context for a consideration of the right to inclusive education in Ireland and considers initially whether the provisions of the Constitution offer any protection to this right, concluding that they are of limited value. The paper also examines the current situation under the Irish Equal Status Acts 2000-2015, noting that statutory protection for the right to inclusive education is limited but that there are certain advantages to relying on this legislation. The paper also argues that the impact of the European Convention on Human Rights Act in domestic Irish law is limited and dependent on the European Court of Human Rights developing its jurisprudence on the right to inclusive education. Penultimately, the paper argues that Irish law in relation to mainstreaming, the provision of reasonable accommodation, and the use of individualised education plans need to be improved in order to comply with the standards set by Article 24 of the Convention on the Rights of Persons with Disabilities. The paper concludes with some comments about the use of a litigation strategy, arguing that such a strategy should be combined with a political campaign designed to influence the political reaction to any judicial decisions.