INCLUSIVE EDUCATION AND COMMENTARY N. 4 OF THE UNITED NATIONS COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES

• DOI: https://doi.org/10.22533/at.ed.216472425039

• Palavras-chave: person with disability; inclusive education; Committee on the Rights of Persons with Disabilities

• Keywords: person with disability; inclusive education; Committee on the Rights of Persons with Disabilities

• Abstract:

  People with disabilities are recognized by international treaties, international jurisprudence, the Federal Constitution, Brazilian laws and Resolutions of the National Council of Justice (CNJ) as holders of rights, from which we highlight the right to education, without discrimination and based on equal opportunities. Despite the progress made, the Committee on the Rights of Persons with Disabilities expresses its views on the persistence of new challenges: countless people with disabilities continue to suffer violations of their right to education. The general objective of this research is to analyze the perspectives of inclusive education based on Comment no. 4 of the United Nations Committee on the Rights of Persons with Disabilities. The methodology used in this research regarding the means was developed through the deductive, descriptive and qualitative method, through doctrinal, bibliographic and jurisprudential analysis. It is concluded that General Comment no. 4 of the United Nations Committee on the Rights of Persons with Disabilities deals with a general education duty, under which the exclusion of people with disabilities from the educational system is prohibited, including through any legislative or regulatory provisions that limit their inclusion with based on the degree or level of the disability or impairment.