Legal Implications of Patterns of Organizing Discriminatory Education for Persons with Disabilities

Abstract

The CRPD is an up-to-date human rights treaty that includes novel provisions for people with disabilities. This has ramifications for the fields of disability studies and human rights legislation. This article examines the CRPD's equality and discrimination themes as well as the disability model. The CRPD is seen as evidence of a transition away from the medical paradigm of disability and toward the human rights approach. Six arguments are made to distinguish the human rights paradigm from the social model of disability. Furthermore, it is argued that the CRPD adds a new definition of discrimination to international public law. The core principle of equality might be defined as transformative equality, which has both personal and social dimensions. This study employs a mixed technique consisting of a legal doctrinal analysis and a model analysis from the field of disability studies. The primary conclusion is that the social model of disability benefits from the inclusion of the human rights model of disability. Some theories of equality can be traced back to three distinct representations of disability. Formal equality belongs to the medical model, substantive equality to the social model, and transformative equality to the human rights paradigm.