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Legal Framework Supporting Inclusive Education

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2.2 LEGAL FRAMEWORK SUPPORTING INCLUSIVE EDUCATION.
The International Year of Disabled Persons in 1981 and the United Nations Decade of Disabled People 1983-1992 led to major breakthroughs globally in the recognition of the rights of PWDs and in realization of international policies/framework to protect those rights. One of these rights is the right to education. This right is enshrined and reasserted in various international documents .
The Statement and Framework for Action from the World Conference on Special Needs Education (UNESCO 1994) states that “schools should seek to accommodate all children, regardless of their physical, intellectual, emotional, social, linguistic or other conditions.” (UNESCO, 1994, p.6). This study draws its …show more content…

Following its ratification of The International Convention on the Rights of Persons with Disability and The Convention on the Rights of the Child, Kenya is expected to have and implement policies that promote inclusive education. In 2003, the Government of Kenya enacted the Persons with Disabilities Act. The Act provides as follows:
a. Section 18: No person or a learning institution shall deny admission to a person with disability and learning institutions shall take into account special needs of persons with disabilities.
b. Section 21: Persons with disabilities are entitled to have a barrier-free environment to enable them to have access to buildings, roads and other social amenities, and assistive devices and other equipment to promote their mobility.
c. Section 22 (1): Proprietors shall adapt public buildings to suit persons with disabilities.
Article 54 of The Constitution of Kenya makes access to inclusive education by PWDs a constitutional right. This article appreciates the challenges faced by PWDs in accessing education and therefore requires educational institutions to modify their facilities to ensure inclusion of and greater access to learners with disabilities. The Draft Special Needs Education Policy seeks to address issues of equity and improvement of the learning environment in

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