RIGHT their personality and their upliftment. Education is

RIGHT TO EDUCATION OF DIFFERENTLY ABLED  CHILDREN   

                                     With
special reference to Nepal    

                                           
Team T C- 24                                            

                                           

 

 

 

 

 ABSTRACT

As
we are the part of developing nation education of the children is the basic
requirement for the growth of the developing country like India and Nepal.  Education is the most important factor for
the development of a country. Educating the children is most because they are
the future of the nation. Educating the children helps in the development in
various spheres like political, social, economic and cultural. Educating the
children from the weaker and poverty-stricken sections helps in the development
of their personality and their upliftment.

Education
is the basic need of each and every child for their development. International
Covenant on Economic, Social and cultural rights which recognises a right to
free and compulsory primary education for all, an obligation to develop
secondary education accessible to all, in a particular by the progressive
introduction of a free secondary education. Today, almost 70 million children
across the world are prevented from going to school each and day. The entire process of social life by
means of which individuals and social groups learn to develop consciously
within, and for the welfare of, the national and international societies, the
whole of their personal capabilities, attitudes, aptitudes and knowledge

Education
to the children in the present situation reflects and determine the future of
the nation. Children are the most prominent aspect of the nation development
and all child has equal rights. Differently abled children requires special
education for their better enhancement so this research paper will focus on the
right to education of children who are differently abled in Nepal being based
on secondary data only.

 

 

 INTRODUCTION

Human Rights are the
inherent, inalienable and universal rights of every human being. It guarantees dignity
of the human being and no one cannot separate any person from enjoying it to
the fullest. The most famous text of Human Rights is the Universal Declaration
of Human Rights (UDHR) which the UN General Assembly approved on 10 December
1948.Every individual has the equal opportunity to enjoy these rights. Among
many Human rights, rights to education is one of the most important rights
provided to the human being and since children are the future of the nation
education plays a vital role in their enhancement and establishes a strong
foundation for making a good citizen of the nation. Regarding children, right
to education to the differently abled children is one of the major aspect for
better and equitable development of the society. The definitions of Differently
Able is most commonly interchange with the word disabilities which is regarded
as language insensitive. The term
persons with disabilities is used to apply to all persons
with disabilities including those who have long-term
physical, mental, intellectual or sensory impairments which, in interaction
with various attitudinal and environmental barriers, hinders their full and
effective participation in society on an equal basis with others.1 Many
nations has different provisions and upliftment programs for differently abled
children all around the globe but there are many barriers on the part of
implementations.

Many differently able persons all around the world are generally
suffering from social and economic exclusion.

Persons with disabilities in Nepal marginalized-
first by poverty, and then by social and economic exclusion. Negative social
attitudes and prejudice towards disability have ensured relatively low
prioritization of national resources towards disability intervention and
fuelled extreme exclusion for the average individual with disability. It is not
uncommon for existence of disability to be blamed as a consequence of past
wrongdoing by the parents or by the persons with disability themselves.2 In this
situation it is very important to acknowledge the necessity to support children
who are differently able for their proper grooming.

 

 

Main Body

Right to Education is to
provide basic and compulsory education to the children all over world. It is
the basic right of the individual and children for the development of the
personality and for the upliftment of the weaker sections. It helps in the
development of the country and helps to grow the economy of the country.  

 According
to Children’s Act, 2048 of Nepal states that a minor not having
completed the age of sixteen years. Education is the basic infrastructure for
the development of every individuals and in case of children who are
differently able special education requires along with the other education for
their well inclusion in the social and economic aspect of the society. Special
Education system helps children who are differently able to increase their
access to public education along with their good integration with other peers. Children develop a positive
understanding of themselves and others.

Laws

Convention on the Rights of the Child
(Ratified by Nepal on 14th September, 1990)

Article 2 1.
States Parties shall respect and ensure the rights set forth in the present
Convention to each child within their jurisdiction without discrimination of
any kind, irrespective of the child’s or his or her parent’s or legal
guardian’s race, colour, sex, language, religion, political or other opinion,
national, ethnic or social origin, property, disability, birth or other
status.

Article 23 1.
States Parties recognize that a mentally or physically disabled child should
enjoy a full and decent life, in conditions which ensure dignity, promote
self-reliance and facilitate the child’s active participation in the community.
2. States Parties recognize the right of the disabled child to special care and
shall encourage and ensure the extension, subject to available resources, to
the eligible child and those responsible for his or her care, of assistance for
which application is made and which is appropriate to the child’s condition and
to the circumstances of the parents or others caring for the child. 3.
Recognizing the special needs of a disabled child, assistance extended in
accordance with paragraph 2 of the present article shall be provided free of
charge, whenever possible, taking into account the financial resources of the
parents or others caring for the child, and shall be designed to ensure that
the disabled child has effective access to and receives education, training,
health care services, rehabilitation services, preparation for employment and
recreation opportunities in a manner conducive to the child’s achieving the
fullest possible social integration and individual development, including his
or her cultural and spiritual development 4. States Parties shall promote, in
the spirit of international cooperation, the exchange of appropriate
information in the field of preventive health care and of medical,
psychological and functional treatment of disabled children, including
dissemination of and access to information concerning methods of
rehabilitation, education and vocational services, with the aim of enabling
States Parties to improve their capabilities and skills and to widen their
experience in these areas. In this regard, particular account shall be taken of
the needs of developing countries.3

Convention on the Rights
of Persons with Disabilities (Ratified by Nepal on
7th May, 2010) states that Children with disabilities should have full
enjoyment of all human rights and fundamental freedoms on an equal basis with
other children, and recalling obligations to that end undertaken by States
Parties to the Convention on the Rights of the Child.

One of the principles of
this convention states that respect for the evolving capacities of children
with disabilities and respect for the right of children with disabilities to
preserve their identities. Children with disabilities should have full
enjoyment of all human rights and fundamental freedoms on an equal basis with
other children, and recalling obligations to that end undertaken by States
Parties to the Convention on the Rights of the Child.Its article 24 recognize
the rights to persons with disabilities to education explaining that persons
with disabilities can access an inclusive,quality and free primary education
and secondary education on an equal basis with others in the communities they
live in. 4

Constitution of  Nepal

Article 39. Rights of the
child: (9) states that the child who is helpless, orphan, with disabilities,
conflict victim, displaced or vulnerable shall have the right to special
protection and facilities from the State.

 

 

 

 

From
this research It helped to understand the problem faced by the differently
abled  

1  www.un.org/esa/socdev/enable/faqs.htm

 

2
Dev Datta Joshi, Inclusive education: A must for Disabled,The Himalayan
Times,May 25,2017

3
Convention on rights of the child,1989

4
Convention on the Rights of persons with disabilities,2007