However until every child with a disability is

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However, until every child with a disability is included and able to participate in education along with his or her peers, there remains work to be done. One tactic that can be used to further the implementation of inclusive education is strategic litigation. Depending on the State law and setting, strategic litigation can be used to promote widespread changes in law and society. The right of children with disabilities to education is being violated through segregated education and unequal opportunities for education and by the denial of reasonable accommodation in education. Both segregated schooling and unjustified denial of reasonable accommodation amount to discrimination. Children with disabilities have the right to a reasonable accommodation in education, and this right must be respected. Although reasonable accommodations are a right, this right only becomes relevant if the general educational structures are not accessible for a particular student. The greater the degree of accessibility of the educational system and structures, the lesser the need should be for individual accommodations. Court judgments have been successful in addressing discrimination and guaranteeing reasonable accommodations in education for children with disabilities. Focusing on discrimination and reasonable accommodation alone will not guarantee inclusive education but can act as stepping stones in the legal arena towards inclusive education. Overall, there has been a slow but positive trend towards fulfilling the legal obligations to implement inclusive education. Action at all levels is needed for the full realisation of that right. The obligations and strategies set out within this report, ranging from State Party level action to actions at the level of educational professionals, can contribute to achieving inclusive education. Dedication towards the implementation and fulfilment of these international, legal human rights obligations will help transition inclusive policy into an inclusive reality. 66
Bibliography Primary Sources International Law Council of Europe, European Social Charter (Revised), ETS 163 (1996) International Covenant on Civil and Political Rights, 999 UNTS 171 and 1057 UNTS 407 / [1980] ATS 23 / 6 ILM 368 (1967) International Covenant on Economic, Social and Cultural Rights, G.A. Res. 2200 (XXI), U.N. G.A.O.R., 21st Sess., Supp. No. 16, at arts. 1, 3, 6, 15, U.N. Doc. A/6316 (1966), 993 UNTS 3, (1976) Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights, as contained in Commission on Human Rights, Note Verbale dated 5 December 1986 from the Permanent Mission of the Netherlands to the United Nations Office at Geneva addressed to the Centre for Human Rights, E/CN.4/1987/17 (8 January 1987) Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, Maastricht (22-26 January 1997) The Salamanca Statement and Framework for Action on Special Needs Education. World Conference on Special Needs Education: Access and Quality, Salamanca, Spain (2004) UNESCO Convention against Discrimination in Education. Paris (1960) United Nations Convention on the Rights of Persons with Disabilities, G.A: Res. 61/106, 76th plen.

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