ENIL’s Written contribution to the Day of General Discussion on the
right to education for persons with disabilities1
Summary
This paper provides an overview of the main barriers to inclusive education for
children and young people with disabilities in Europe. They include: continued use of
segregated education; continued isolation and social exclusion of children and young
people in mainstream education; complete exclusion from education; lack of
comparable data due to differing definitions of ‘disability’ and ‘special educational
needs’; failure to achieve qualifications and failure to access higher education. The
paper refers to groups of children and young people most likely to be excluded from
mainstream education in Europe, such as children with intellectual disabilities and
deaf children, and highlights concerns about the segregation of Roma children in
special schools in Central and Eastern Europe. Finally, it sets out some of the
measures needed to ensure the provision of inclusive education, such as staff
training and the provision of adequate resources and supports.
I. Introduction
“Education is both a human right in itself and an indispensable means of realising
other human rights. As an empowerment right, education is the primary vehicle by
which economically and socially marginalized adults and children can lift themselves
out of poverty and obtain the means to participate fully in their communities 2.”
The European Network on Independent Living (ENIL) is a Europe-wide network of
people with disabilities, with members throughout Europe. ENIL is a forum for all
disabled people, Independent Living organisations and their non-disabled allies on
the issues of Independent Living. ENIL represents the disability movement for
human rights and social inclusion based on solidarity, peer support,
1
Written by members of the ENIL Youth Network Zara Todd and Agnes Sarolta Fazekas. Zara Todd
is a disability rights campaigner based in the United Kingdom. She is currently studying towards a
PhD on how disabled children and young people can be supported to realise their human rights under
the UN CRPD. Zara has worked for a number of disabled people’s organisations, including the
Alliance for Inclusive Education. Agnes Sarolta Fazekas is currently a Social Policy PhD fellow at the
Faculty of the Social Sciences, Eötvös Loránd Science University in Hungary. Her research area is
access and inclusion for people with disabilities in higher education. She graduated with a Masters in
Social Policy in 2013 and has been an active member of the Rezső Hilscher Association of Social
Policy, ‘Independent Living’ working group. Agnes has been volunteering as Partnership Manager of
ExchangeAbility and MapAbility within the Erasmus Student Network since 2013. ENIL would like to
thank Zara and Agnes for drafting this contribution.
2 United Nations Economic and Social Council, The right to education (Art.13), 08/12/99,
E/C.12/1999/10. (General Comments) (hereinafter: ECOSOC Right to Education GC), p. 1.
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deinstitutionalisation, democracy, self-representation, cross disability and selfdetermination.
For ENIL, Article 24 of the UN Convention on the Rights of Persons with Disabilities
(CRPD) is significant, because access to education is one of the pillars of
independent living. We see inclusive education as a key stepping stone for many
disabled people towards social inclusion, independent living and being part of their
local community. Failure to implement Article 24 undermines the implementation of
the entire Convention, as without access to education, access to employment and
consequently independent living become nearly impossible.
ENIL has a Youth Network consisting of over 200 young disabled people aged 16-35
from across Europe. Education is a topic frequently highlighted by this group as key
to them achieving independence, but also an area in which they encounter many
barriers and obstacles.
II. Main barriers to implementation of Article 24 of the CRPD in Europe
2.1. Mainstream provision versus segregated provision
Across Europe, access to mainstream education for children, young people and
adults with disabilities remains a challenge. Although both the European Union (EU)
and the majority of Member States have ratified the CRPD, many seem to be
struggling to implement Article 24. There remains a high number of children with
disabilities with either no access to education, or only access to segregated
education3. Moreover, since the adoption of the CRPD, the number of children and
young people with disabilities in segregated education provision has increased in
many countries, including the United Kingdom4.
There is evidence that many countries in Europe, rather than looking at how
inclusive education can be supported, are in fact promoting the development of
segregated provision both in policy and in practice, by making it more difficult for
students with disabilities to attend mainstream schools. For example, they tend to
provide additional support only in segregated provision, allowing mainstream
educational providers to refuse admission to students on the grounds of disability. In
some cases, educational funding is focused only on the building of new segregated
provision (examples found in the Netherlands, Latvia, United Kingdom and Hungary).
Whilst there is a lot of know-how aimed at education providers, disabled people and
their families on how to create inclusive educational environments across a variety of
3
Joint statement by Inclusion International, Inclusion Europe and Mental Disability Advocacy Centre,
Challenging discrimination at the expense of promoting equality, 14 February 2013, available at:
http://inclusion-international.org/challenging-discrimination-at-the-expense-of-promoting-equality/
4 Department of Education, Special educational needs in England: January 2014, available at:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/362704/SFR262014_SEN_06102014.pdf
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European contexts5, there is evidence to suggest that despite being in mainstream
environments, disabled students remain isolated and socially excluded in many
European countries, such as Germany, the Netherlands and Norway6.
Some groups of children and young people with disabilities are particularly at risk of
being forced into segregated provision. They include children with intellectual
disabilities, challenging behaviour, those from lower socio-economic backgrounds,
ethnic minority groups and those with multiple impairments7. Deaf children, as well,
face significant barriers in accessing mainstream education and are still commonly
directed to special schools.
2.2. Lack of data
There are numerous challenges when it comes to collecting data on the
implementation of Article 24, in particular in relation to access to education and how
inclusive that education is.
Currently, each European country has its own definition of ‘disability’ and ‘special
educational needs’. This means that it can be difficult to establish who is included or
excluded in the figures, making comparisons between different countries and
monitoring of progress cumbersome. There is also a lack of disaggregated data
around the intersections of disability and gender, and disability and ethnicity. This is
problematic, because evidence suggests that the experience of disabled people
when it comes to life chances is heavily influenced by these factors. For example, it
is known that, within European countries, males make up a large proportion of those
identified with special educational needs (SEN) and disabilities in education8. As a
result, there seems to be little attention paid to the experience of females in terms of
access to education and educational outcomes.
There is also evidence to suggest that differing definitions of ‘special educational
needs’ are being used by countries, making it difficult to track inclusion efforts. For
example, one report highlights that the variation in SEN from one country can rise or
fall 5 or 10%, depending on what year’s figures one is looking at. This is mainly due
to the fact that countries are changing the boundaries of what constitutes SEN9.
5
See, for example, Alliance for Inclusive Education (ALLFIE), 2011, available at:
http://allfie.org.uk/docs/Professionals%20Guide.pdf
6 NESSE Network of experts for the European Commission, Education and Disabilities/Special
Needs, Policies and practices in education, training and employment for students with disabilities and
special needs in the EU, 2012, available at:
http://www.nesse.fr/nesse/activities/reports/activities/reports/disability-special-needs-1
7 Ibid.
8 OECD, Students with Disabilities, Learning Difficulties and Disadvantages: statistics and indicators,
Paris: OECD/CERI, 2007.
9 NESSE Network of experts for the European Commission, Education and Disabilities/Special
Needs, Policies and practices in education, training and employment for students with disabilities and
special needs in the EU, 2012, available at:
http://www.nesse.fr/nesse/activities/reports/activities/reports/disability-special-needs-1
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Finally, although countries are collecting some data about education, there is
currently no data looking at lifelong learning or higher education for persons with
disabilities across Europe.
2.3. Choice, qualifications and areas of studies
Disabled people across the EU are less likely to have qualifications than their nondisabled peers10. Unfortunately, despite the development of inclusive practices over
the last 30 years, this fact does not seem to affect the number of disabled people
obtaining qualifications. This indicates that whilst children and young people with
SEN and disabilities may be being included in mainstream provision, they are not
being supported to achieve in those environments.
Whilst the principles of inclusion promote a differentiated curriculum for students with
SEN and disabilities, it is far more common for the education system to expect the
child to adapt to the existing curriculum, than for the curriculum to be changed to
adapt to the needs of the child11. For disabled children and young people, the
negative impact on their education that the inflexible nature of curriculum has is
compounded by having education systems that require certain pass marks to move
up a grade (seen, for example, in Greece).
When it comes to further education for adults, people with disabilities are 20% less
likely than their non-disabled peers to have further technical qualifications above and
beyond compulsory education12.
Even though there is meant to be choice for parents and children within the
education system, it appears that this choice is severely limited13. In the UK, for
example, although there have been attempts to increase the voice of students with
SEN and disabilities, there is emerging evidence which suggests that educational
professionals, local authorities, parents and children themselves are not adequately
prepared for the emphasis on the involvement of disabled children and young
people14. This leaves both children and their families anxious about involvement for
fear of losing existing support.
10
Ibid.
Ghesquière, P., Moors, G. and Maes, B. (2002) Implementation of Inclusive Education in Flemish
Primary Schools: a multiple case study. Educational Review 54, 1, 47 – 56.
12 NESSE Network of experts for the European Commission, Education and Disabilities/Special
Needs, Policies and practices in education, training and employment for students with disabilities and
special needs in the EU, 2012, available at:
http://www.nesse.fr/nesse/activities/reports/activities/reports/disability-special-needs-1
13 Harris, N. (2005) Empowerment and state education: rights of choice and participation. The Modern
Law Review 68, 6, 925-927
14 Children and Families Act, 2014, available at:
http://www.legislation.gov.uk/ukpga/2014/6/contents/enacted (Accessed: 6 January 2015)
11
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2.4. Exclusion from education
As we have highlighted above, inclusion in education for persons with disabilities and
SEN often comes down to their ability to adapt to the mainstream environment,
rather than the education systems being designed to support their inclusion. As a
result, they are much more likely to be excluded from education or denied access in
the first place. Especially in Central and Eastern Europe, many disabled children and
young people are not given the opportunity to go to school at all15.
While some positive steps have been taken, they have produced limited results. For
example, Latvia passed a law in 2013 allowing personal assistants and teaching
assistants to support student disabilities and SEN in schools. Unfortunately, this law
has not been backed up by funding, so students that want to attend mainstream
schools need to provide their own support. For many, this means that mainstream
provision is not a viable option.
In the UK, pupils with SEN are around eight times more likely to receive a permanent
exclusion from school and six times more likely to receive a fixed-term exclusion,
compared to pupils with no SEN16. This statistic suggests that even if students with
disabilities get into school, there is no certainty that they will stay in school.
2.5. Poor access to higher education
Increasing participation in higher education and including more diverse student
groups has become more essential around the world. It is widely accepted that a
higher education degree is key to obtaining employment. The fact that across
Europe disabled people are still underrepresented at this level of education can be
perceived as a major social injustice.
There are a number of challenges to increasing participation of people with
disabilities in higher education. One of these is what is seen as the conflict between
trying to broaden participation and the desire to enhance quality to compete in a
knowledge driven society. The question that presents itself is how to achieve
excellence in higher education, while at the same time making it more inclusive.
Other challenges include the diversity of entry procedures to third level education in
Europe. Many educational institutions acknowledge that students with disabilities
who have studied in special schools have a very small, if any, chance to transit to
third level education. Some fields of study may also be closed to people with certain
impairments, such as teaching, medicine, nursing, or engineering. The selectiveness
of certain fields therefore impacts on the right to education of people with disabilities.
15
NESSE Network of experts for the European Commission, Education and Disabilities/Special
Needs, Policies and practices in education, training and employment for students with disabilities and
special needs in the EU, 2012, available at:
http://www.nesse.fr/nesse/activities/reports/activities/reports/disability-special-needs-1
16 See: http://www.cypnow.co.uk/cyp/news/1139519/sen-pupils-times-excluded-school
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Finally, more resources are needed to meet the access needs of students with
disabilities in higher education, which requires more innovative forms of financing.
The financial structures of higher education institutions are diverse, which means
that different solutions have to be found for funding access needs of current and
potential university students. For example, some higher education institutions may
provide personal budgets to students, in order to cover the additional disabilityrelated costs while studying17.
III. Prevalence of Roma children in special schools
Despite all the directives, initiatives and proclamations at the national and EU level,
people from minority ethnic groups continue to be labelled as having a disability and
placed in segregated education18. Misdiagnosis of Roma children as having a
disability and their education in segregated ‘special schools’ is most common in
Central and Eastern Europe, where the Roma population is higher than in other
countries19. Placement in ‘special schools’ limits children’s access to mainstream
secondary or higher education and severely restricts their opportunities to enter the
labour market.
Reasons for the placement of Roma children in special schools are multifaceted.
Among many factors, many of the primary and secondary education settings apply
rigid rules and are adapted for children from white/middle-class backgrounds already
socialised to an ‘adequate’ level. Some admissions tests also lead to segregation 20.
Finally, attitudinal barriers by the staff and parents about mainstream education of
Roma children and children with disabilities are still widespread. There continues to
be systemic institutional discrimination, which requires efficient structural changes.
Moreover, a holistic and cross-sectoral approach is needed to ensure that the rights
of Roma children and young people are protected, respected and fulfilled on an
equal basis with others.
IV. Steps needed to improve access to inclusive education
There are different types of support - human, technical, and/or financial support –
required by students with disabilities. At the moment, there are many barriers and
limitations in accessing this support and serious consideration should be given to
how support is organised and accessed, and to what level it is being provided.
17
Woodrow, M, Putting a Price on a Priority: Funding an Inclusive Higher Education Widening
Participation and Lifelong Learning 2(3)1-5.
18 European Commission, Report on discrimination of Roma children in education, 2014, available at:
http://ec.europa.eu/justice/discrimination/files/roma_childdiscrimination_en.pdf
19 Council of Europe, Estimates on Roma population in European countries, 2012, available at:
http://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001
680088ea9
20
Roma Education Fund, Wrongful Placement of Romani Children in Special Schools of Europe must
come to an end, 2013, available at: http://www.romaeducationfund.hu/news/ref/news-andevents/wrongful-placement-romani-children-special-schools-europe-must-come-end
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4.1. Staff training
In order to create diverse and inclusive education environments, it is essential that all
the staff gain knowledge on the appropriate working methods. In order to implement
structural changes for an inclusive education, the already existing practices and
mechanisms will have to be replaced by new ones. As explained by Arnesen et al.
(2009) “[...] inclusion may be understood not just as adding on to existing structures,
but as a process of transforming societies, communities and institutions such as
schools to become diversity-sensitive21“.
This work should be undertaken in two stages. Firstly, teacher training curricula
should prepare future teachers to engage with a diverse group of learners,
regardless of age, gender, sexual orientation, ethnic, cultural, linguistic or religious
background, socio-economic status, or disability. It is essential for all future teachers
to be prepared via their initial training and education to be “inclusive”. Importantly,
“[...] the diversity of learners should be introduced from the viewpoint of a [...] school
teacher and not as pathology or medical-based knowledge that is separate from a
teacher’s daily work. Language use also has to be changed from the medical to the
social model22“.
Secondly, training in diversity and disability awareness should encompass all levels
of education and not only pedagogical/academic staff. In many cases, it is only the
special school teachers or disability coordinators who are expected to know how to
work with students with disabilities.
Consideration should be given to the fact that special education teachers may feel
threatened by moving towards inclusive education settings, for fear of losing their
jobs and having to ‘unlearn’ everything they believed and followed up to then. This
fear is similar to that experienced by the staff in institutions for people with disabilities
during the process of deinstitutionalisation. However, it needs to be clear that they
should be able to apply their knowledge and expertise in the inclusive educational
settings.
4.2. Provision of adequate resources
Despite the lack of data on the cost of special schools versus inclusive education,
the World Report on Disability highlights the fact that inclusive settings are generally
considered as more cost-effective23. At the same time, limited or inadequate
21
Arnesen, A., Allen, J. and Simonsen, E. (eds.) (2009) Policies and Practices for teaching sociocultural diversity. Concepts, principles and challenges in teacher education. Strasbourg, Council of
Europe.
22 Saloviita, T. (2005) Erityisopetus opettajankoulutuksen sisältöalueena. [Special education as a
content area of teacher education]. In Jakku-Sihvonen, R. (ed.) Uudenlaisia maistereita. Keuruu:
Otava 339-351.
23 WHO, World Report on Disability, 2011, available at:
http://www.who.int/disabilities/world_report/2011/report.pdf
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resources continue to act as a barrier to inclusive education. Special education
systems have been established with a higher level of financial support. Mainstream
schools which are in the process of including children with disabilities tend to, on the
other hand, receive less funding than if they were a special school. In order to move
towards inclusive education, financial and human resources are needed to ensure
adequate support can be provided to students, in order to help them meet their
academic, social and professional requirements24.
For more information, please contact:
European Network on Independent Living
Ground Floor, Chase House
City Junction Business Park
Northern Cross
Malahide Road
Dublin 17
Ireland
Phone: +3531 525 0700
E-mail: ines.bulic@enil.eu
Web: http://www.enil.eu
20 March 2015
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Shüttler Vera (összeáll.) Chapter 9. Inequalities and Special Needs in Education. Education in
Hungary 2003. Oktatáskutató és Fejlesztő Intézet, Budapest. 2009, available at:
http://www.ofi.hu/inequalities-and-special-needs-education
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