Chapter 6: Legal frame work

Chapter Overview

In this chapter students will learn concept o legal framework, its uses and impact on inclusive
education development. Moreover, the students will learn international and national
(Ethiopian legal frameworks that promote inclusion philosophy development. In addition the
students read and understand and conceptualize parts of legal frameworks that may
incorporate: legislations, conventions, policies and related legal frameworks.

Activities
Discuss over the following concepts:
Every child has a right to learn in a natural environment with their peers
There is legitimate background to teach students in segregated settings (for example,
special and regular schools).
Every child should get quality education that helps his/her holistic development.
Chapter Objectives
After completing the study of this chapter, the students will be able to:
 Discuss the concept of legal framework
 Identify international and national legal frameworks in relation to inclusiveness
 Discuss legal frameworks and their implementation
 Explore gaps in implementation of legal frameworks to implement inclusion

General Overview of Legal frameworks

Braining storming questions

1. Do you think legal framework is necessary to implement inclusion? If your answer is
“yes,” explain reasons or your answer. If your answer is “no,” please try to give reason(s).
2. Do you think that inclusion in Ethiopia is supported by legal frameworks? If your answer
is “no,” please try to give reason(s).

Discrimination against persons with disabilities has a long history and persons with
disabilities are regularly excluded from participation in society and denied their human
rights. Discrimination against the disabled can take many forms, ranging from limited
educational opportunities to more subtle forms, such as segregation and isolation because of
physical and social barriers. The effects of discrimination are most clearly felt in the sphere
of economic, social and cultural rights, in the fields of, for instance, housing, employment,
transport, cultural life and access to public services. The obstacles the disabled face in
enjoying their human rights are often the result of exclusion, restriction, or preference, and,
for instance, when the disabled do not have access to reasonable accommodation on the basis

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of their limitations, their enjoyment or exercise of human rights may be severely restricted. In
order for disabled persons to freely enjoy their fundamental human rights, numerous cultural
and social barriers have to be overcome; changes in values and increased understanding at all
levels of society has to be promoted, and those social and cultural norms that perpetuate
myths about disability have to be put to rest.
According to the Universal Declaration of Human Rights, ―All human beings are born free
and equal in dignity and rights.‖ However, this is far from being a reality for persons with
disability around the world. This is because people with disabilities‘ living conditions are
always worse than those of other citizens. They are very often excluded and marginalized
different areas o life such as participation in education, social activities, economy, and
politics and so on.
The rights of persons with disability have increasingly been recognized by international and
national law. For example, The Declaration on the Rights of Mentally Retarded Persons
(1971) and the Declaration on the Rights of Disabled Persons (1975) both establish the
principle of equality of the rights of persons with disability. The Declaration on the Rights
of Deaf-Blind Persons (1979) adopted by the Economic and Social Council provides
universal rights.
The above legislations and other which were enacted after the above declarations prompted
people with disabilities addresses all aspects of disabled persons‘ lives, such as equal
opportunities, physical environment, services, education, employment, and social welfare.
Using legal frameworks regarding persons with disability suggests some measures
governments should take in order to ensure that persons with disability become fully equal
citizens. The rules also act as an international instrument and as a mechanism of control to
guarantee the effective application of the stated rights. However, it is not possible to force
governments to apply them, and the rules require a concrete commitment from governments
in order to transform equal opportunities for disabled persons into reality—a commitment
which is often lacking.
Legal Frameworks Regarding Inclusion
They also have right to use public services (civil right), membership of any associations and
organization, participation in different activities like voting. Children and youth with
disabilities have moral, civil, parental, ethical and legal rights (right to learn with non-
disabled children).They should not be treated as marginal, rather they must involve in
different community activities. They must be consulted and be involved in decision making

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processes. Inclusive in education is the most effective means of combating discriminatory
Attitudes, creating welcoming community and building an inclusive society. They are
essential to the enjoyment and exercise of human right. Thus, the right to an inclusive
education for persons with disabilities is a fundamental human right. It emerged first in
general guarantees set forth in the Universal Declaration on Human Rights and then in more
detailed expression in the International Covenant on Economic and Cultural Rights
(ICESCR). Other international instruments express the link between the right to education
and the needs of persons with disabilities.

In addition, states have specific obligations under international law to respect, protect and
fulfill the right to inclusive education for persons with disabilities. The obligation to respect
requires States to refrain from denying or limiting equal access to inclusive education for
persons with disabilities. This right should be guaranteed by law.

International and National Legal Frameworks

International Legal Framework

Group activities
1. Do you know that people with disabilities are full members of the community with the
same rights as everyone else?
2. What different international conventions and declarations protecting the rights of
people with disabilities do you know? Would you list them as many as you can?
3. Discuss how each of the international conventions and declarations protecting the
rights of people with disabilities.
4. How do you think these international conventions and declarations promote inclusive
education?

There have been international efforts to address equal opportunity of PWDs in

employment to address such challenges primarily from ILO a specialized agency of UN and
the General Assembly of the UN itself. Most of the endeavors resulted in the adoption of
resolutions and recommendations as well as conventions featuring different legal effect.
While conventions produce a binding legal effect, resolutions, declarations and
recommendation, which are referred as soft laws, do not create binding legal effect.
However, it does not mean that they are adopted for no purpose since they can have a role to
play in awareness raising, influencing future development and encourage national policy
initiatives.

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 International human rights instruments protect the rights of persons with disabilities
through the principles of equality and non-discrimination. There are a number of
international legal frameworks regarding people with disability that are aimed at protecting
the rights of persons with disabilities through the principles of equality and non-
discrimination. The table below indicates the major types of international legal frameworks.

Key International Instruments and other Documents that Promote Inclusion

 1948 Universal Declaration of Human Rights – Article 26

 1960 UNESCO Convention against Discrimination in Education – Articles 1, 3 and 4
 1965 International Convention on the Elimination of All Forms of Racial Discrimination – Article 5
 1966 International Covenant on Economic, Social and Cultural Rights – Article 13
 1966 International Covenant on Civil and Political Rights – Articles 18 and 19
 1973 ILO Convention on the Minimum Age for Employment – Article 7
 1979 Convention on the Elimination of All Forms of Discrimination Against Women – Article 10
 1982 World Program of Action Concerning Disabled Persons proposals for implementation, national
action, part 2
 1989 Convention on the Rights of the Child – Articles 23, 28 and 29
 1989 ILO Convention Concerning Indigenous and Tribal Peoples – Articles 26, 27, 28, 29, 30 and 31
 1990 The World Declaration on Education for All, Jomtien
 1993 The Standard Rules on the Equalization of Opportunities for Persons with Disabilities
 1994 The Salamanca Statement and Framework for Action on Special Needs Education
 1999 ILO Convention on the Worst Forms of Child Labor – Article 7
 1999 Salamanca Five Years On Review
 2000 World Education Forum Framework for Action, Dakar
 2000 Millennium Development Goals focusing on Poverty Reduction and Development
 2002 EFA Global Monitoring Report: EFA
 2004 EFA Global Monitoring Report: Gender and Education for All – the leap to quality
 2005 EFA Global Monitoring Report: Education for All – the quality imperative
 2006 EFA Global Monitoring Report: Literacy for Life
 2006 Convention on the Rights of Persons with Disabilities
 2007 EFA Global Monitoring Report: Strong Foundations – early childhood care and education
 2008 EFA Global Monitoring Report: Education for All by 2015
The following are some of the major international legal frameworks that support inclusion
of people with disabilities and vulnerabilities.
A) 1948 Universal Declaration of Human Rights – Article 26
(1) Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally accessible
to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and
shall further the activities of the United Nations for the maintenance of peace.

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(3) Parents have a prior right to choose the kind of education that shall be given to their
children.
B) The UN Convention on the Rights of the Child, 1989 Extracts from Articles, 2, 23, 28
and 29
Article 2
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, color, 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. Recognize the right of the child to special care......subject to available resources.
3. Recognizing the special needs of a disabled child...taking into account the financial
resources of the parents or others caring for the child... ensure that the disabled child has
access to and receives education, training, health care services, rehabilitation services, pre-
parathion 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
Article 28
1. States Parties recognize the right of the child to education and with a view to achieving
this right progressively and on the basis of equal opportunity, they shall, in particular: (a)
Make primary education compulsory and available free to all; (b) Encourage the
development of different forms of secondary education, including general and vocational
education, make them available and accessible to every child;(c) Make higher education
accessible to all;(d) Make educational and vocational information and guidance available and
accessible to all children; (e) Take measures to encourage regular attendance at schools and
the reduction of drop-out rates.
Article 29
1. States Parties agree that the education of the child shall be directed to: (a) The
development of the child‘s personality, talents and mental and physical abilities to their
fullest potential; (b) The development of respect for human rights and fundamental freedoms;
(c) The development of respect for the child‘s parents, his or her own cultural identity,
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language and values, for the national values of the country in which the child is living, the
country from which he or she may originate, and for civilizations different from his or her
own;
120 (d) the preparation of the child for responsible life in a free society; (e) The development
of respect for the natural environment.‖ Article 23 focuses specifically on children with
disabilities and positively affirms their right to a ―full and decent life‖. However, it has
weaknesses because it makes the rights of children with disabilities ―subject to available
resources‖ and focuses on ―special needs‖ without defining this. This article needs to be
considered in the context of the underpinning principles of the UNCRC, plus Articles 28 and
29 on education that apply to all children.
C) World Conference on Education for All, Jomtien, and 1990 World Declaration on
Education for All: Meeting Basic Learning Needs
It acknowledged that educational disparities existed and that many different particular
groups were vulnerable to discrimination and exclusion. These included girls, the poor, street
and working children, rural and remote populations, minority ethnic groups and other groups,
with particular mention made of people with disabilities. Jomtien also catalyzed a move away
from a rigid, prescriptive education system towards a flexible system that would be tailor-
made, adapted to the needs, cultures and circumstances of learners.
Article III – Universalizing access and promoting equity
1. ―Basic education should be provided to all children, youth and adults. To this end, basic
education services of quality should be expanded and consistent measures must be taken to
reduce disparities.
2. For basic education to be equitable, all children, youth and adults must be given the
opportunity to achieve and maintain an acceptable level of learning.
3. The most urgent priority is to ensure access to, and improve the quality of, education for
girls and women, and to remove every obstacle that hampers their active participation. All
gender stereotyping in education should be eliminated.
4. An active commitment must be made to removing educational disparities. Underserved
groups: the poor; street and working children; rural and remote populations; nomads and
migrant workers; indigenous peoples; ethnic, racial, and linguistic minorities; refugees; those
displaced by war; and people under occupation, should not suffer any discrimination in
access to learning opportunities.

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5. The learning needs of the disabled demand special attention. Steps need to be taken to
provide equal access to education to every category of disabled persons as an integral part of
the education system.‖
D) The World Programmed of Action, 1982 and the Standard Rules, 1993 the World
Programmed of Action Concerning Persons with Disability
This originated from the International Year of Disabled Persons in 1981, a landmark period
in the history of disability rights. The World Program of Action laid the foundations for
inclusive education by stating that:
 The education of disabled persons should as far as possible take place in the general
school system.
 Responsibility for their education should be placed upon the educational authorities.
(Note, in many countries the education of disabled children was under the authority of
other ministries such as health or social welfare, or none at all)
 Laws regarding compulsory education should include children with all ranges of
disabilities, including the most severely disabled
 Educational services for disabled children should be individualized, locally accessible
and comprehensive.

E) The Standard Rules on the Equalization of Opportunities for Persons with

Disabilities - Rule 6
This consists of rules governing all aspects of the rights of people with disabilities. Rule 6
focuses on education and agrees with Jomtien that people with disabilities should be
educated as ―an integral part of the educational system‖, and that States should have
responsibility for the education of people with disabilities. Too often, education for people
with disabilities was provided by non-government agencies, letting governments ‗off the
hook‘. Key points include:
 The State should take responsibility for the education of people with disabilities, and
should a) have a clear policy b) have a flexible curriculum c) provide quality materials,
and on-going teacher training and support.
 Integration in mainstream schools is promoted with some key conditions; it should be
properly resourced and of high quality – it should not be seen as a cheap option.
 Special attention should be given to very young and pre-school children, and to women
with disabilities
 Community-based program are seen as complementary to ‗integrated‘ education
 Special education is not ruled out where the mainstream system is inadequate, and for
deaf and deaf/blind students

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 Rule 6 States should ensure that the education of persons with disabilities is ―an integral
part of the educational system‖
 Para 1: general education authorities are responsible for the education of people with
disabilities
 Para2: education in mainstream schools presupposes provision of appropriate support
services
 Para 6: states the need to a) have a clear policy, b) have a flexible curriculum, c) provide
quality materials, and on-going teacher training and support
 Para 7: community-based programs should be seen as complementary to integrated
education
 Para 8: in cases where the general school system does not adequately meet the needs of
all disabled persons, special education may be considered in some instances special
education may currently be the most appropriate form of education for some students
 Para 9: deaf and deaf/blind students may receive more appropriate education in separate
schools, special classes or units

F) The Salamanca Statement and Framework for Action on Special Needs Education,
1994
The Framework gave rise to the thinking and practice from a different perspective –
not from disabled activists, but from the professionals working in schools, trying to find ways
to enable all children to learn together. A key difference is that, rather than talking about a
particular group (for example children with disabilities or girls) and their rights, in
Salamanca the focus was on diversity of children‘s characteristics and educational needs. It
marked a big shift away from the dominant paradigm in special needs education, which was
strongly supportive of segregated special schools. It reflected the ‗new thinking‘ in special
needs education and promoted the concept of the fully inclusive school. The Salamanca
Statement and Framework for Action is still a key international document on the principles
and practice of inclusive education. It brings together very eloquently several pioneering and
fundamental principles of inclusion, some of which had not been discussed in earlier
documents.
Article 2: ―Education systems should take into account the wide diversity of
children‘s different characteristics and needs regular schools with this inclusive orientation
are the most effective means of combating discriminatory attitudes, creating welcoming

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communities, building an inclusive society and achieving education for all; moreover, they
provide an effective education to the majority of children and improve the efficiency and
ultimately the cost-effectiveness of the entire education system.‖
Article 3: Governments should ―adopt as a matter of law or policy the principle of inclusive
education... unless there are compelling reasons for doing otherwise‖. This Article ―The
guiding principle of this Framework is that schools should accommodate all children. This
should include disabled and gifted children, street and working children, children from
remote or nomadic populations, children from linguistic, ethnic or cultural minorities and
children from other disadvantaged or marginalized areas or groups. The challenge
confronting the inclusive school is that of developing a child-centered pedagogy capable of
educating all children.

Article 4: ―human differences are normal and learning must be adapted to the needs
of the child rather than the child fitted to preordained assumptions, a child-centered pedagogy
is beneficial to all students, and as a consequence, to society as a whole... it can substantially
reduce drop-out and repetition while ensuring higher average levels of achievement. Child-
centered schools are, moreover, the training ground for a people-orientated society that
respects both the differences and dignity of all human beings.‖
Article 6: ―Inclusion and participation are essential to human dignity and to the enjoyment
and exercise of human rights.‖
Article 7: ―The fundamental principle of the inclusive school is that all children
should learn together, wherever possible, regardless of any difficulties or differences they
may have. Inclusive schools must recognize and respond to the diverse needs of their
students, accommodating both different styles and rates of learning...‖
Article 10: ―Experience suggests that inclusive schools, serving all of the children in a
community, are most successful in eliciting community support and in finding imaginative
and innovative ways of using the limited resources that are available.‖
Article 18: ―Educational polices at all levels, from the national to the local, should stipulate
that a child with a disability should attend the neighborhood school that is, the school that
would be attended if the child did not have a disability.‖
G) Convention on the Rights of Persons with Disabilities, 2006
Article 24 – Education
1. States Parties recognize the right of persons with disabilities to education. With a view to
realizing this right without discrimination and on the basis of equal
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 opportunity, States Parties shall ensure an inclusive education system at all
levels and lifelong learning directed to:
(a) The full development of human potential and sense of dignity and self-
worth, and the strengthening of respect for human rights, fundamental
freedoms and human diversity;
(b) The development by persons with disabilities of their personality, talents
and creativity, as well as their mental and physical abilities, to their fullest
potential;
(c) Enabling persons with disabilities to participate effectively in a free
society.
[Link] realizing this right, States Parties shall ensure that:
(a) Persons with disabilities are not excluded from the general education
system on the basis of disability, and that children with disabilities are
not excluded from free and compulsory primary education, or from
secondary education, on the basis of disability;
(b) Persons with disabilities can access an inclusive, quality and free primary
education and secondary education on an equal basis with others in the
communities in which they live;
(c) Reasonable accommodation of the individual‘s requirements is provided;
(d) Persons with disabilities receive the support required, within the general
education system, to facilitate their effective education;
(e) Effective individualized support measures are provided in environments
that maximize academic and social development, consistent with the goal
of full inclusion.
3. States Parties shall enable persons with disabilities to learn life and social development
skills to facilitate their full and equal participation in education and as members of the
community. To this end, States Parties shall take appropriate measures, including:
(a) Facilitating the learning of Braille, alternative script, augmentative and
alternative modes, means and formats of communication and orientation and
mobility skills, and facilitating peer support and mentoring;
(b) Facilitating the learning of sign language and the promotion of the
linguistic identity of the deaf community;

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 (c) Ensuring that the education of persons, and in particular children, who are
blind, deaf or deaf blind, is delivered in the most appropriate languages and
modes and means of communication for the individual, and in environments
which maximize academic and social development.
4. In order to help ensure the realization of this right, States Parties shall take appropriate
measures to employ teachers, including teachers with disabilities, who are qualified in
sign language and/or Braille, and to train professionals and staff who work at all levels of
education. Such training shall incorporate disability awareness and the use of appropriate
augmentative and alternative modes, means and formats of communication, educational
techniques and materials to support persons with disabilities.
5. States Parties shall ensure that persons with disabilities are able to access general tertiary
education, vocational training, adult education and lifelong learning without discrimination
and on an equal basis with others. To this end, States Parties shall ensure that reasonable
accommodation is provided to persons with disabilities
H) World Education Forum, Dakar, 2000
In April 2000, more than 1,100 participants from 164 countries gathered in Dakar, Senegal,
for the World Education Forum. Ranging from teachers to prime ministers, academics to
policy-makers, non-governmental bodies to the heads of major international organizations,
they adopted the 2,000-word Dakar Framework for Action – Education for All: Meeting Our
Collective Commitments.
Education For All: Meeting Our Collective Commitments-this was the text adopted by the
World Education Forum Dakar, Senegal, 26-28 April 2000 7. ―We hereby collectively
commit ourselves to the attainment of the following goals:
i) expanding and improving comprehensive early childhood care and education,
especially for the most vulnerable and disadvantaged children;
ii) ensuring that by 2015 all children, particularly girls, children in difficult
circumstances and those belonging to ethnic minorities, have access to and
complete free and compulsory primary education of good quality;
iii) ensuring that the learning needs of all young people and adults are met
through equitable access to appropriate learning and life skills programs;
iv) achieving a 50 per cent improvement in levels of adult literacy by 2015,
especially for women, and equitable access to basic and continuing education
for all adults;

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 v) eliminating gender disparities in primary and secondary education by 2005,
and achieving gender equality in education by 2015, with a focus on ensuring
girls‘ full and equal access to and achievement in basic education of good
quality; and
vi) improving all aspects of the quality of education and ensuring excellence of
all so that recognized and measurable learning outcomes are achieved by all,
especially in literacy, numeracy and essential life skills.‖

I) 1960 UNESCO Convention against Discrimination in Education – Articles 1, 3 and 4

Article 1
1. For the purposes of this Convention, the term `discrimination' includes any distinction,
exclusion, limitation or preference which, being based on race, color, sex, language,
religion, political or other opinion, national or social origin, economic condition or birth,
has the purpose or effect of nullifying or impairing equality of treatment in education and
in particular:
a. Of depriving any person or group of persons of access to education of any type or at any
level;
b. Of limiting any person or group of persons to education of an inferior standard;
c. Subject to the provisions of Article 2 of this Convention, of establishing or maintaining
separate educational systems or institutions for persons or groups of
persons; or
[Link] inflicting on any person or group of persons conditions which are in-compatible with
the dignity of man.
2. For the purposes of this Convention, the term `education' refers to all types and levels of
education, and includes access to education, the standard and quality of education, and the
conditions under which it is given.
Article 3
In order to eliminate and prevent discrimination within the meaning of this Convention, the
States Parties thereto undertake:
(a) To abrogate any statutory provisions and any administrative instructions and to
discontinue any administrative practices which involve discrimination in education;
(b) To ensure, by legislation where necessary, that there is no discrimination in the admission
of pupils to educational institutions;
(c) Not to allow any differences of treatment by the public authorities between nationals,

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except on the basis of merit or need, in the matter of school fees and the grant of scholarships
or other forms of assistance to pupils and necessary permits and facilities for the pursuit of
studies in foreign countries ;
(d) Not to allow, in any form of assistance granted by the public authorities to educational
institutions, any restrictions or preference based solely on the ground that pupils belong to a
particular group;
(e) To give foreign nationals resident within their territory the same access to education as
that given to their own nationals.
Article 4
The States Parties to this Convention undertake furthermore to formulate, develop and apply
a national policy which, by methods appropriate to the circumstances and to national usage,
will tend to promote equality of opportunity and of treatment in the matter of education and
in particular:
(a) To make primary education free and compulsory; make secondary education in its
different forms generally available and accessible to all; make higher education equally
accessible to all on the basis of individual capacity; assure compliance by all with the
obligation to attend school prescribed by law;
(b) To ensure that the standards of education are equivalent in all public educational
institutions of the same level, and that the conditions relating to the quality of the education
provided are also equivalent;
(c) To encourage and intensify by appropriate methods the education of persons who have
not received any primary education or who have not completed the entire primary education
course and the continuation of their education on the basis of individual capacity;
(d) To provide training for the teaching profession without discrimination.
Reflection Exercise
1. Have you read the above legal frameworks carefully? Well, most of them have
overlapping concepts. Please find out the main overlapping ideas tell them to one of your
course mates.
2. Which of the international legal frameworks are directly related to inclusive education of
persons with disabilities and vulnerabilities? Discuss them with your classmates.

National Laws and Policy Frameworks

Brain storming questions
1. Why do you think countries enact national laws and policy frameworks regarding issues o
the persons with disability and vulnerability?
2. What national laws and policy frameworks do you know? List and discuss in relation to
how they protect rights of persons with disabilities in various areas of life.

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 If we talk about Ethiopia‘s legal and policy documents, he/she finds no disability related
instrument until 1971 of the imperial order to provide for the establishment the rehabilitation
agency. Hence, it is possible to speak confidently that ‗disability was not a matter of law and
policy before 1991‘. This is because of the fact that Ethiopia‘s serious policy and legal
regard towards the right of PWDS had begun after the introduction of a new constitutional
order in the country.

Ethiopia has signed most of the international conventions and declarations protecting the
rights of persons with disabilities. There are also national policies on the rights of persons
with disabilities. These different national and international policies, conventions and
declarations are presented in various international and local policy documents. The table
below is about major national legal frameworks that are related with protecting persons with
disabilities rights in participating different areas of life.
National Laws and Policy Frameworks Related With Rights of People with Disabilities
Equal Participation in Education, Social, Economic, Apolitical and Other Aspect of Life
1. Constitution of the Federal Democratic Republic of Ethiopia-1995: Article 41(5) of the
Constitution sets out the State‘s responsibility for the provision of necessary rehabilitation
and support services for people with disabilities. This provision, which is found in the socio-
economic rights of citizens, does not ensure the equal employment opportunity of PWDs.
Rather, it conveys a message that PWDs are among those who deserve assistance since they
are incapable of engaging in productive life.
2. Labor Proclamation, No. 377/2003, amended by Labor Proclamation No. 494/2006: It states that it
is unlawful for an employer to discriminate against workers on the basis of
nationality, sex, religion, political outlook or on any other conditions.
3. The Federal Civil Servant Proclamation- No. 515/2007: It offers for special preference in the
recruitment, promotion, and deployment, among others, of qualified candidates with
disabilities. This provision is applicable to government offices only.
4. Proclamation concerning the Rights to Employment for Persons with Disabilities- No. 568/2008:
The proclamation makes null and void any law, practice, custom, attitude and other
discriminatory situations that limit equal opportunities for persons with disabilities. It
also requires employers to provide appropriate working and training conditions; take
all reasonable accommodation measures and affirm active actions, particularly when

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 employing women with disabilities; and assign an assistant to enable a person with
disability to perform their work or follow training.
5. Framework Document- 2009: provides for Special Needs Education (SNE) in Technical and
Vocational Education and Training (TVET).
6. Building Proclamation- No. 624/2009: provides for accessibility in the design and construction
of any building to ensure suitability for physically impaired persons.
7. Proclamation on Definition of Powers of Duties of the Executive Organs of the Federal
Democratic Republic of Ethiopia, No. 691/2010: This provides for conditions of equal opportunities
and full participation of persons with disabilities and those living with HIV/AIDS.
8. Growth and Transformation Plan (GTP) 2010-2015: It focuses on establishing disability as a
cross cutting sector of development where focus is given to preventing disability and to
providing education and training, rehabilitation and equal access and
opportunities to persons with disabilities.
9. National Plan of Action of Persons with Disabilities -(2012-2021): The documents aim at making
Ethiopia an inclusive society. It addresses the needs of persons with disabilities in Ethiopia for
comprehensive Rehabilitation services, equal opportunities for education, skills training and
work, as well as full participation in the life of their families, communities and the nation.
10. Proclamation concerning the Rights of Disabled Persons to Employment-No.101/1994: This
document was the only legislation in Ethiopia which specifically provides for the employment of
disabled persons. The Proclamation aims to protect and promote the rights of disabled persons to
appropriate training, employment opportunities and salary, and to prevent any workplace
discrimination. Sections 3 and 4 refer to the promotion of employment opportunities for disabled
persons in the open labor market
11. The Federal Civil Servant Proclamation (Proclamation -No 1064/2017: Article 13/2 of
proclamation no 1064/2017 recognizes that:‘ There shall be no discrimination among job
seekers or civil servants in filling vacancies because of their ethnic origin, sex, religion, political
outlook, disability, HIV/AIDS or any other ground.‘ Therefore, there can be no discrimination
against persons with disabilities during job recruitment on the basis of their disability. Moreover,
Article 49 of the same proclamation provides for the applicable conditions of work for workers
with disabilities as follows: 1) Persons with disabilities shall be entitled to affirmative action in
recruitment, promotion, transfer, redeployment, education and training; 2) Any government
institution shall ensure that its working environment is conducive to civil servants with
disabilities, provide them with the necessary tools and materials and train them how to use such

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tools and materials; 3) Any government institution shall have the responsibility to assign a
person who shall provide proper assistant for those civil servants with disability that requires
assistance; and 4) Privileges prescribed by other laws to persons with disabilities shall be
applicable for the implementation of this Proclamation.
12. Labor Proclamation-1156/2019: This proclamation controls the private sector employment
relationship. Article 15 of the proclamation outlaws discrimination on the basis of disablement. It
provides: discrimination any distinction, exclusion or preference made on the basis of nation,
race, color, sex, religion, political opinion, national extraction, social origin, HIV/AIDS status,
disablement and others which has the effect of nullifying or impairing equality of opportunity or
treatment in employment or occupation.
13. Organization of Civil Society Proclamation -No. 1113/2019: This proclamation is a newly enacted
legislation replacing its predecessor proclamation 621/2009. It regulates issues concerning
formation, registration, activities and dissolution of civil society organization. Agency for civil
society organization has been also established to facilitate and monitor the activities of civil
society organization. Article 11 of this proclamation expressly provides that persons with
disabilities should be included as a member to enhance and strengthen benefit and involvement
of part of the society with disability. Furthermore, article 62/9 of the same proclamation orders
those civil society organizations working on the benefit of the general public to take into account
the issue of persons with disabilities. It is established for the benefit of the general public or
third parties shall ensure that its activities take into account the interests of women, Children,
persons with disabilities, the elderly and others exposed to threat or vulnerable groups of the
society.
14. The Revised higher institutions proclamation- No. 1152/2019: This proclamation has been enacted
in replacement of its predecessor proclamation 650/2009. This proclamation has incorporated
some rights entitling students with disabilities. According to article 51 of such proclamation.
accordingly the institutions shall: make, to the extent possible, their facilities and programs
amenable to use with relative ease for students with physical disabilities; shall, to the extent that
situations and resources permit, relocate classes, develop alternative testing procedures, and
provide different educational auxiliary aids in the interest of students with physical disabilities
and learning disabilities; consider building designs, campus physical landscape, computers and
other infrastructures of institutions shall take into account the interests of physically disabled
students; shall ensure that students with physical challenges get academic assistance, including
tutorial sessions, exam time and submission date deadline extensions; shall provide additional

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resources, as necessary, to maintain the speed and need of education, the allocation of additional
resources, is necessary. The details shall be determined by a directive
15. Advertisement Proclamation -No. 759/2012: It focuses on regulating commercial advertisement
are made. According to article 7/4 of this proclamation, advertisement which undermines the
dignity and emotional feeling of a physically disabled person is immoral. According to Article 7
advertisements shall be deemed to be as having unlawful or immoral content or presentation
when they undermine the dignity or emotional feeling of physically disabled person or a person
living with HIV/AIDS or suffering from other disease.
16. The Ethiopian Building proclamation -No 624/2009: Its focuses on buildings and construction-
it says that all public building to have a means to access by physical disabled persons.
Moreover, it dictates that toilet on such buildings must be accessible. Article 36 states that any
public building shall have a means of access suitable for use by physically impaired persons,
including those who are obliged to use wheelchairs and those who are able to walk but unable to
negotiate steps. Additionally, toilet facilities are required in any building, as adequate number of
such facilities shall be made suitable for use by physically impaired persons and shall be
assessable to them
17. Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of
Ethiopia Proclamation -No. 1097/2018: It mainly focuses on addressing common responsibility of
ministries in general and the specific duty for ministry of labor and social affair in Creating
conditions whereby persons with disabilities, the elderly, and segments of society vulnerable to
social and economic problems benefit from equal opportunities and full participation
(article10/4). Moreover, it obliges the mistress work in cooperation with concerned bodies
(Article 29/11 A).
18. Developmental Social Welfare Policy 1997: It specifically targets people with disabilities and
sets out to safeguard their rights and to promote opportunities for vocational rehabilitation. full
participation in education, health, political, economic and social activities and other activities
19. The FDRE Education and Training Policy of 1994: This document recognizes that special
attention must be provided for those with special needs. However, it does not have any clear
recognition for reasonable accommodation
20. The FDRE special needs/inclusive education strategy 2012: This document focuses on inclusive
education policy, strategies and responsibilities of stakeholders.

Reflection activities
List down at least six national policies and laws and discuss their impact on equal
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participation of people with disabilities participation in education, socio-economic and other
activities.
What factors do you think affect implementation of international and national legal
frameworks to promote inclusive education in Ethiopia?

Chapter Summary
Legal frameworks are one of the drivers for the rights of persons with disabilities and
vulnerabilities. They have influence on especially educational rights of these people with
their peers. Legal frameworks are supposed to serve people with disabilities needs by
keeping equal rights and creating equal opportunity of learning for all such as children and
youth in the mainstreamed classrooms. Moreover, it is believed to create academic and social
inclusion, and maintain friendship among persons with and without disabilities and
vulnerabilities. Besides, legal frameworks are thought to help the persons with disabilities
and vulnerabilities to exploit their potential to the optimum possible level.
International national legal frameworks are written in the form of public laws and acts,
declarations, conventions and frameworks. These legal frameworks focus on various issues
(social, educational, occupational, vocational etc) of children, youth and adults with
disabilities.
The Ethiopian government has endorsed almost all of the conventions and declarations. But
studies showed that various challenges are facing their implementations. As a result, there is
mismatch between practice and these frameworks implantation.
There also national legal frameworks mainly in the form of laws and policies that promote
persons with disabilities and vulnerabilities equal participation in education, social welfare,
economy and other areas of life. Although Ethiopia has lots of laws, polices and others
international legal frameworks ratified by the country, there is gap in implementation and
practices that promote equality of people with disabilities and vulnerabilities equal
participation in social, educational, occupational, vocational and other aspects of life.
References
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