Addis Ababa University

College of Education and Behavioral Studies

Special Needs/Inclusive Education

Inclusiveness

Handout Chapter 4

October 2024

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 Chapter Four

4. The Legal and Ethical Frameworks that Promote Inclusivity

Discrimination against persons with disabilities has a long history that persons with disabilities were

regularly excluded from participation in society and their human right was denied in the last many

centuries. In fact, regardless of some progresses achieved at international and domestic levels, there is

undeniable challenge that persons with disabilities are still discriminated and their fundamental rights are

being infringed.

Discrimination against persons with disabilities can take many forms, ranging from limited educational

opportunities to more subtle forms, such as segregation and isolation due to attitudinal, environmental and

institutional barriers. The effects of discrimination are most clearly appeared in the sphere of economic,

social and cultural rights which is manifested in the areas of housing, employment, transport, cultural life

and access to public services.

According to the Universal Declaration of Human Rights, of 1948 Article (1), “All human beings are

born free and equal in dignity and rights.” However, this is far from being a reality for persons with

disability throughout the world that resulted in disability movement and struggle by Organizations of

Persons with Disabilities (OPDs) for the promotion of the human rights of their members with

disabilities.

The disability movement undertaken as of the second half of 20 century forced member countries of the

UN to enact disability-mainstreamed policy and legal frameworks at the international and domestic

levels. These policy and legal instruments recognized the economic, social, political and human rights of

PWDs in terms of their specific/special needs.

The formulation of legal frameworks regarding persons with disabilities suggests some measures that

governments should take in order to ensure the equalization of opportunity for persons with disabilities.

The rules also act as an international instrument and as a mechanism of control to guarantee the effective

application of the stated rights.

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However, strong commitment and proactive action is required from the governments for the effective

implementation and practicality of those disability mainstreamed and disability specific policy and legal

frameworks enshrined at the international and domestic levels.

4.1. International Human Rights Instruments and Inclusiveness

In addition to the general policy and legal frameworks developed at international and domestic levels for

the promotion of basic rights of citizens, the following international instruments included provisions

regarding persons with disabilities.

- The Convention on the Rights of the Child of 1989;

- The World Declaration on Education for All, Jomtien 1990;

- The UN Sustainable Development Goal of 2016.

Alongside with these general legal frameworks, that mainstreamed provisions on the issue of disability,

the following international frameworks or documents are also disability-specific instruments developed

by the UN giving recognition for the rights and special needs of persons with disabilities to the their

specific condition:

- Standard Rules on the Equalization ofOpportunities for Persons with Disability of 1993;

- UNESCO Salamanca Statement and Framework for Action of 1994;

- The UN Convention on the Right of Persons with Disabilities of 2006.

People may ask the question why the UN CRPD is needed in a condition that the human rights of citizens

are endorsed in relevant international and domestic human rights laws. It is obvious that the CRPD does

not aim to create new rights; rather, it seeks to apply the existing human rights law framework to the

context of disability. However, the purpose of the CRPD as described under Article 1 of the Convention

is to: “Promote, protect and ensure the full and equal enjoyment of all human rights and fundamental

freedoms by all persons with disabilities, and to promote respect for their inherent dignity”. Hence,

Article 1 makes it clear that persons with disabilities are entitled to the same human rights as all other

persons. Meanwhile, the Convention defined persons with disabilities to avoid confusions in setting

eligible criteria considered in the process of the adoption of relevant domestic laws.

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As described under Article 1 of the convention, “Persons with disabilities include those who have long-

term physical, mental, intellectual or sensory impairments which in interaction with various barriers may

hinder their full and effective participation in society on an equal basis with others.” In addition, the

convention declared the general obligation of state parties intended to ensure the equality of PWDs

against the long-lasting discrimination committed by societies that affected the life of PWDs, and put

remedial measures needed to gradually eliminate the problem. Accordingly, there is a provision stated

under Article 5 of the convention that “States Parties recognize that all persons are equal before and under

the law and are entitled without any discrimination to the equal protection and equal benefit of the law. ”

This provision further declares that “States Parties shall prohibit all discrimination on the basis of

disability and guarantee to persons with disabilities equal and effective legal protection against

discrimination on all grounds.” Reasonable Accommodation is recommended under this provision to

ensure the equality of PWDs and take action against discrimination.

4.2. Domestic Policy and Legal Frameworks, and Programmatic Documents and

Inclusion

In the history of the adoption of Ethiopia’s legal and policy documents, we find no disability related

instrument until the declaration of the 1971 Imperial Order to provide for the establishment of the

rehabilitation agency. Hence, it is possible to conclude that disability was not a matter of law and policy

in Ethiopian government system prior to 1971. Rather, Ethiopia is known by signing and ratifying

international conventions and declarations to protect and respect the rights of persons with disabilities.

However, recently, Ethiopia developed disability-specific and disability-mainstreamed policy and legal

frameworks and programmatic documents based on those international instruments stated above.

These are:

- The Revised Education and Training Policy of 2022;

- Education Sector Development Program (ESDP) II, III, IV V, and VI;

- The National TVET Policy of 2008;

- A proclamation No 568/2008 to provide for the right to employment of Persons with Disabilities;

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 - The Ethiopian Building Proclamation No. 624/2009;

- The Revised Special Needs/Inclusive Education Program Strategy of 2022;

- The Construction Policy of 2014;

- The Social Protection Policy of 2014;

- The Civil Servant Proclamation No.1064/2017;

- The Revised Higher Institutions Proclamation No. 1152/2019;

- Labor Proclamation- No. 1156/2019

- The revised Civil Societies and organizations (CSOs) Proclamation No. 1113/2019

4.3. Ethical Grounds for Inclusiveness

Ethical Grounds for Inclusiveness

Inclusiveness is a key ethical principle that emphasizes the importance of ensuring equal opportunities,

rights, and access for all individuals, regardless of their differences in gender, ethnicity, age, disability,

religion, language, opinions, socioeconomic backgrounds etc. The ethical grounds for inclusiveness are

rooted in several core concepts. These are:

Human Dignity and Equality

Every person has inherent worth and dignity. Inclusiveness ensures that all individuals are treated with

respect, regardless of their background, abilities, disability or characteristics. This respect stems from the

moral belief that all human beings are equal in value.

Justice and Fairness

Inclusiveness supports distributive justice, ensuring that opportunities and resources are fairly distributed.

It promotes fairness by preventing exclusion based on arbitrary factors like race, gender, disability, or

socioeconomic status.

Moral Responsibility

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Individuals and institutions have a moral responsibility to challenge systemic inequalities and foster an

environment where marginalized or underrepresented groups are supported. Inclusiveness seeks to

remedy historical and social disadvantages that certain groups face.

Social Harmony

Inclusiveness fosters social cohesion by promoting mutual understanding and respect among diverse

groups. It reduces conflict, prejudice, and social division by encouraging collaboration and recognition of

shared humanity.

Maximization of Potential

From a utilitarian perspective, inclusiveness ensures that the talents, abilities, and contributions of all

people are utilized. Exclusion wastes human potential, while inclusiveness enriches society by allowing

everyone to participate fully.

Autonomy and Empowerment

Inclusiveness respects individuals' autonomy by ensuring they have the freedom to participate in societal,

economic, and political life without discrimination. It empowers individuals to make meaningful

contributions and decisions about their lives.

Democratic Values

In democratic societies, inclusiveness is aligned with the values of participation and representation.

Ethical democracy is grounded in the idea that all voices should be heard, and inclusiveness ensures that

marginalized groups are not silenced or excluded from decision-making processes.

In sum, by embracing inclusiveness, societies and organizations can create environments where diversity

is valued, equal opportunities are promoted, and everyone can thrive on a level playing field.

Hence, the promulgation of rules and regulations in policy and legal frameworks does not fully guarantee

the genuine practicality of inclusion without ethical grounds discussed above.