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7 Laws 1 (2018)

handle is hein.journals/laws7 and id is 1 raw text is: laws Article Unveiling the Challenges in the Implementation of Article 24 CRPD on the Right to Inclusive Education. A Case-Study from Italy Delia Ferri Department of Law, Maynooth University, Maynooth, Co. Kildare, Ireland; delia.ferri@mu.ie Received: 23 October 2017; Accepted: 18 December 2017; Published: 25 December 2017 Abstract: Since the 1970s, Italy has undertaken a process of inclusion of children with disabilities in mainstream schools, has implemented an anti-discriminatory educational policy, and abandoned segregated educational practices. In September 2014, the Italian Government initiated a process of modernization of the whole educational system, and attempted to fully align domestic legislation with the wide-ranging obligations enshrined in Article 24 CRPD. Law No. 107/2015 on the reform of the educational system empowered the Government to adopt legislative decrees to promote inter alia an effective and inclusive education for persons with disabilities. After a long and somewhat troubled process, a legislative decree on inclusive education was finally adopted in April 2017. This article, building upon previous research, critically discusses the innovations brought by this recent reform, situating them in the broader Italian legislative framework on the rights of people with disabilities. By focusing on Italy as a case-study, this article aims to reflect on the challenges surrounding the creation of an inclusionary educational system that goes beyond a mere integration in mainstream schools and ensures full and effective participation of all learners, meeting the standards imposed by Article 24 CRPD. Keywords: UN Convention on the Rights of Persons with Disabilities; inclusive education; support teacher; Law No 104/1992; Law No 107/2015; legislative decree No 66/2017 1. Introduction Italy has long implemented an anti-discriminatory educational policy, and abandoned segregated practices in education, by advancing a policy known as school integration (integrazione scolastica) since the 1970s (Caldin 2013). As noted elsewhere (Ferri 2017), even before the ratification of the UN Convention on the Rights of Persons with Disabilities (CRPD), in 2009,1 the Italian legislative and policy framework was characterised by a relatively high standard of protection of the right to education of pupils with disabilities (Rossi et al. 2016; Addis 2015; Troilo 2012, 2016; Bu tt 2016; Pns 2014). Despite a progressive legal framework, however, numerous shortfalls have slowly emerged in the Italian school system. In the last few years, several complaints have been brought to court by parents of pupils with disabilities seeking to enforce the right to education, to combat alleged discrimination of disabled pupils at school, and ultimately to challenge the lack of implementation or the incorrect implementation of the legislation in place. The UN Committee on the Rights of Persons with Disabilities (CRPD Committee), in its Concluding Observations (COs) to the Italian Initial Report on the implementation of the Convention (CRPD Committee 2016a), while commending Italy for 1 Law of 3 March 2009 No 18 'Ratifica ed esecuzione della Convenzione delle Nazioni Unite sui diritti delle persone con disabilita, con Protocollo opzionalefatta a New York il 13 dicembre 2006 e istituzione dell'Osservatorio nazionale sulla condizione delle persone con disabilita' in Gazzetta Ufficiale (OJ) of 14 March 2009 No 6. Laws 2018, 7, 1; doi:10.3390/laws7010001 www.mdpi.com/journal/laws

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