This study proposes an analysis of the extent and limits of the right of childwith autismto inclusive education. After addressing the major steps of its normative evolution, the focus is on State obligationsto fulfil the right to inclusive education, considering the current «autism epidemic» and Covid-19 pandemic situation.This papermainly questions the meaning of «reasonable accommodation»to special educational needs of autistic children within non-discrimination and substantial equality regulatory frameworks. Specific attention is devoted to the most recent international jurisprudence dealing with two main legal issues: Firstly, the legitimacy of thedenied accessto the mainstream educationinstitutions, when the denial is based on the autistic condition; and, secondly, the legitimacy of placing an autistic childin the mainstream school, without accompanying structural changes tomake inclusion effective.Finally, the paper proposes an assessment of the adequacy of the international legal framework and the incidence of States’discretion in the reorganization of a mainstream education system that is truly inclusive.

Il diritto del bambino con autismo ad una educazione inclusiva

Claudia Cinelli
2021

Abstract

This study proposes an analysis of the extent and limits of the right of childwith autismto inclusive education. After addressing the major steps of its normative evolution, the focus is on State obligationsto fulfil the right to inclusive education, considering the current «autism epidemic» and Covid-19 pandemic situation.This papermainly questions the meaning of «reasonable accommodation»to special educational needs of autistic children within non-discrimination and substantial equality regulatory frameworks. Specific attention is devoted to the most recent international jurisprudence dealing with two main legal issues: Firstly, the legitimacy of thedenied accessto the mainstream educationinstitutions, when the denial is based on the autistic condition; and, secondly, the legitimacy of placing an autistic childin the mainstream school, without accompanying structural changes tomake inclusion effective.Finally, the paper proposes an assessment of the adequacy of the international legal framework and the incidence of States’discretion in the reorganization of a mainstream education system that is truly inclusive.
Cinelli, Claudia
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11568/1096480
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