An international legal analysis of trends and barriers in the realization of inclusive education for persons with disabilities

Abstract

The purpose of this article is to identify persistent structural barriers to the implementation of the right to inclusive education and to assess the degree of States’ compliance with the international standards established under Article 24 of the Convention on the Rights of Persons with Disabilities. The primary method employed is a structural and thematic analysis of the Concluding Observations of the Committee on the Rights of Persons with Disabilities for the period 2019–2025. Doctrinal legal analysis and the comparative legal method were used as supplementary research methods. The empirical basis comprises the Committee’s observations addressed to 75 States Parties from various regions of the world. The study identified six persistent barriers: the continuation of segregated systems, limited environmental accessibility, insufficient teacher training, the exclusion of learners with severe forms of disability, the continued existence of special schools, and underfunding. The findings indicate a persistent gap between formal legal obligations and their practical implementation. Based on the analysis, the study proposes the legislative consolidation of the least restrictive environment principle, the reform of financing mechanisms, the introduction of mandatory teacher training in inclusive education, and the establishment of independent monitoring mechanisms. The transition from declarative norms to systemic practical measures is a necessary condition for the realization of the right to education.