Domesticating international standards of education for children with intellectual disabilities: a case study of Kenya and South Africa
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Date
2011
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Pretoria University Law Press
Abstract
International law approaches the right to education
for children with disabilities in a rather generic way. This means that the
rights of children with intellectual disabilities have to be gleaned from the
general provisions of the conventions. In view of the centrality of intellectual
capacity in the context of education, it is imperative to decipher the import
of the right to education for children with intellectual disabilities. For this
purpose, this chapter explores the content of international law on the right to
education of children with intellectual disabilities. It uses two case studies
to assess the approach of African states to the domestication of the obligations
in this regard. Kenya and South Africa have both ratified the CRC, ACRWC and the CRPD. Further, Kenya has ratified and South Africa signed the
International Covenant on Economic, Social and Cultural Rights (CESCR).
Description
Keywords
Disability, Disability law, Education, Right to education, South Africa, Kenya, Children, Children's rights, United Nations Convention on the Rights of Persons with Disabilities
Citation
Wakefield, L. & Murungi, N. L. (2011). Domesticating international standards of education for children with intellectual disabilities: a case study of Kenya and South Africa. In Grobbelaar-du Plessis, I & van Reenen, T. (eds). Aspects of Disability Law in Africa. Pretoria: Pretoria University Law Press, pp133-156