Do constitutions guarantee the right to education for children with disabilities?


 

This map shows whether countries guarantee the right to education for children with disabilities in their constitution.

Only constitutional provisions are included in this map. Legislative protections are not shown here. Read more about why constitutions matter.

More information:

More information:

  • The right to education is considered to be protected for children with disabilities when the following are explicitly granted to children with disabilities or are granted in general and the constitution states that persons with disabilities enjoy rights on an equal basis: the right to education, the right to education at all levels, the right to compulsory education, the right to free education, and the prohibition of discrimination in education.
  • The term ‘disability’ refers to both general references to disabilities and specific mentions of mental or physical disabilities.
  • None specific to disability means that the constitution does not explicitly protect the right to education for children with disabilities. This does not mean that the constitution denies this right, but that it does not explicitly include it. The country may protect citizens’ right to education, but not specifically for children with disabilities.
  • Aspirational means that the constitution protects the right to education for children with disabilities but does not use language strong enough to be considered a guarantee. For example, constitutions in this category might state that the country aims to ensure children with disabilities have the right to education.
  • Specifically guaranteed with exceptions includes cases where equity in education is guaranteed for children with disabilities but there are stated exceptions such as if “their disability prevents them from exercising” their rights.
  • Broadly guaranteed means that the constitution guarantees the right to education to citizens and provides general protection against discrimination based on disability, but does not specifically protect against discrimination in education based on disability.  
  • Specifically guaranteed means that the constitution protects the right to education for children with disabilities in authoritative language. For example, constitutions in this category might guarantee protection against discrimination in education for children with disabilities or make it the State’s responsibility to ensure this right.
  • On mouseover on the map, a note may appear for some countries which indicates “potential positive action”. This indicates that positive action may be taken to promote access to education and the full exercise of education rights for children with disabilities. Positive action can be framed in guaranteed terms (e.g., “the State shall adopt measures of affirmative action in education for persons with disabilities”) or in terms that leave open the possibility for positive action (e.g., “Nothing in this article shall prevent the State from taking measures to promote the education of persons with disabilities, in order to address past discrimination against them”).