Abstract

MONTOYA, Lucas Correa  and  SERNA, Juan Camilo Rúa. Special education as a trap: Detours and mazes in ensuring the right to inclusive education for persons with disabilities. Rev. Derecho Estado [online]. 2018, n.41, pp.97-128. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n41.04.

This article presents a critical analysis of the judicial precedent of the Colombian Constitutional Court when protecting the Right to Education of persons with disabilities. After contrasting the Human Rights standards enshrined in the Convention on the Rights of Persons with Disabilities with the main decisions of the Court, we conclude that it has promoted special and segregated education and therefore it has fostered discrimination on the basis of disability and the violation of other constitutional rights. The article closes identifying the main challenges that judges may face in the future for effectively protect the Right to Inclusive education.

Keywords : inclusive education; persons with disabilities; Convention on the Rights of Persons with Disabilities; Constitutional Law; international Law of Human Rights.

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