Special Educational Needs Provision: Does Ireland Measure
up to International Human Rights Standards?
Andrea Broderick
Beyond the Law:
Critical Reflections on International Human Rights Law and Policy 2012
Griffith College Cork,
7th -8th June 2012
Irish
Special
Education
Law
Convention on the Rights
of Persons with Disabilities
Irish Special
Education
Policy
Irish Special
Education
Practice
Role of Education for Disabled People
“If every child matters, every child has the right to
a good start in life. If every child matters, every
child has the right to be included. And that is so
important for children with special needs.”
~Cherie Blair~
Education as a Pre-Requisite to the Exercise
of Other Rights
Importance of Early Intervention
Every €1 spent on a child’s education before the age
of 10 years of age will save the Irish government €7
on future costs.
___________________________________________________
(Dail Debates 2012)
Vital Statistic
Total number of children in Ireland with a special
educational need is estimated to be 190,303, equivalent to
almost18% of all children
______________________________________________
(Estimate from the National Council for Special
Education Implementation Report 2006)
Special Educational Provision in Ireland

Appalling record of the Irish government

History of neglect and exclusion

Notable improvement in the last two decades in the Irish state’s
response to special needs as a result of court cases:
- O’Donoghue v Minister for Health and Education [1996] 2 I.R.
20 (SC)
- Sinnnott v Minister for Education [2001] 2 IR 545 (HC)(SC)

However, barriers still exist in Ireland if we are to live up to
international standards
Article 24 of the CRPD
Inclusive education
system
Lifelong learning
The
full development of human potential of each child
(a) Persons with disabilities are not excluded from education;
(b) Access to inclusive education on an equal basis with others;
(c) Reasonable accommodation of the individual's requirements;
(d) Effective education;
(e) Effective individualized support measures
Barriers in Ireland to Inclusive Education
Constitutional Right to Education
High level of obligation placed on the Irish state by
Constitution
The obligation placed on the state is the same,
irrespective of whether a child has a disability or not
Judicial interpretation has diminished the state’s
obligation
The right has been interpreted as ceasing at the age of
eighteen, regardless of need
Potential of the CRPD to promote reform through
lifelong learning
Irish Legislative Framework for Special
Education
Education Act (1998)
Education for Children with
Special Needs Act (2004)
Disability Act (2005)
EPSEN ACT (2004)

Positive Features:
-
Right to Educational Assessment and an Individual Educational
Plan

Deficiencies in the EPSEN Act:
- Act not yet implemented: CRPD requires a realistic timeframe for
implementation
- Lack of guidance on what constitutes an appropriate education
for disabled children: CRPD focus on the outcomes to be achieved
by the education system – potential for curriculum-based
assessments

Overly dependent on resource considerations: Potential of CRPD
to increase allocation to special needs through Optional Protocol
Policy Developments in Ireland
Notable improvement in policy approach in Ireland
Inclusive approach to special education, in line with international
standards
Introduction of automatic supports
Irish Special Educational Provision
Deficiencies in Irish Special Education
Inadequate Support Framework
in Mainstream Schools
National Educational Psychology Service: 5,000 pupils to each
psychologist in Ireland as opposed to European average of 3,000 to
one and 2 referrals per year per school
-
-HSE:
2,800 children waiting on assessments - Huge delays in the
system.
System is
input-oriented rather than output-oriented:
- CRPD requires states to monitor the right to education in Article 33
CRPD
Deficiencies in Irish Special Education

Transition from primary to secondary school
- CRPD places emphasis on individualised supports.

Inaccessible curriculum:
- CRPD notion of universal design and flexible approach to
assessment.

System of categorisation and resource allocation:
- CRPD promotes system where child is educated in line with
abilities.

Capacity of School:
-
CRPD can promote whole-school approach and capacity-building.
Conclusion

Ireland has made great strides in developing inclusive policies and
laws.

Education provision has improved dramatically.
HOWEVER

There is still huge room for improvement.

The Convention on the Rights of Persons with Disabilities can help
in improving the situation for disabled children.
“The Convention on the Rights of Persons with
Disabilities can help to close the gap between the
theory of inclusive education and the reality”
~ Inclusion International~
“If we are to achieve a richer culture, we must weave
one in which each diverse human gift will find a
fitting place”
~ Margaret Mead ~
THANK YOU FOR YOUR ATTENTION!
Contact:
andreabrod@gmail.com