EDUCATION
Policy and legislation
To have a clear understanding of the meaning of Inclusive Education in the national context, it is necessary to have a clear definition in all policy statements along with references to international normative instruments. In addition, inclusive education should be implemented following the guidelines of the Education for All (EFA) framework. IE requires policy action at both the national and local level. At the national level, the government must implement the passage of new laws mandating inclusive education, while at the local level schools and the community must participate in capacity building, resource mobilization, and generating knowledge.
The national policy on inclusive education should be grounded in international legislation and policy. The right to an education free of discrimination is stated in the Universal Declaration of Human Rights (UN, 1948) and the Convention on the Rights of the Child (UN, 1989). Moreover, Rule 6 of the UN’s Standard Rules on the Equalization of Opportunities for Persons with Disabilities (UN, 1993) provides for equal rights for children and adults with disabilities and for the provision of an integrated school setting.
In the Asia-Pacific region, although many countries have agreed to implement inclusive education in accordance with the EFA framework, government legislation and policies vary widely. In addition, there is a lack of effective oversight to ensure implementation. Hence, it is necessary to strengthen policies and legislation for inclusive education both de jure and de facto, improve coordination between the government and schools for implementation, and increase effective monitoring and evaluation.
Asia-Pacific: Constitutional, Legislative Provisions, and Policies
Country
|
Constitutional Provisions |
Legislative/Legal Provisions |
Policies |
Bangladesh
|
Ensuring free and compulsory education for all children and removal of adult illiteracy provides |
Primary Education (Compulsory) Act, 1991 makes education compulsory for children aged 6 to 10. The Bangladesh Disability Welfare Act 2001 provides legislative support to ensure education of children with disabilities |
To make ECCE an integral part of both the formal and Non-formal Primary Education (intended) The National Education Policy would be reviewed every three years (intended) |
Bhutan
|
Not Stated |
Not Stated |
Universal education to every citizen till the end of Class X Education should be accessible to everyone Policy for Early Childhood Care and Development does not exist |
Cambodia |
Provision for nine year of free education in public school |
Education Law will be enacted to provide legislative and regulatory framework to implement constitutional provision |
Not Stated |
Country
|
Constitutional Provisions |
Legislative/Legal Provisions |
Policies |
China |
Not Stated NPA however states that 9 year compulsory schooling imperative |
Not Stated |
Not Stated |
DPRK
|
The Socialistic Constitution defines that all citizens have a right to learn and that right is guaranteed by the advanced education system and people centred education policy of the state. |
The Education Law adopted in July 1999 provides that everybody shall receive secondary education until they reach the working age and all forms of education shall be free of charge |
Scholarship shall be granted to the students of universities and colleges of formal, higher education, schools for the talented children and schools for the blind and the deaf |
India |
The recent amendment to the Constitution has made elementary education a fundamental right of every citizen. “The state shall endeavor to provide early childhood care and education for all children until they complete the age of six years.” - Article 45 (Directive Principles of State Policy) |
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 stipulates that free education would be provided to all disabled children up to the age of 18 |
NPE-1986 lays special emphasis on the removal of disparities and to equalise educational opportunity by attending to the specific needs of those who have been denied equality so far The National Policy for the Empowerment of Women introduced in 2001, emphasises equal access to women and girls, adoption of special measures to eliminate discrimination, to universalise elementary education, to eradicate illiteracy, to create a gender sensitive education system The National Youth Policy 2001 provides a comprehensive overview of youth and highlights several areas of concern for the adolescents and youth in the country and emphasises an inter sect oral approach stressing on empowerment and gender equity |
Indonesia |
In accordance with the Constitution (UD) 1949, Education is the right of every citizen |
T he Presidential Decree number 36 has ratified the Convention on Children’s Rights |
Early Childhood Care and Education: The government has issued guidelines for the state policy and regulations on pre-school education Education policies are not gender biased but disparity is seen in the implementation. This happens due to various factors such as policy-making and management positions being held by men. |
Lao PDR |
Not Stated |
Not Stated |
Not Stated |
Myanmar |
Not Stated |
Not Stated |
All children in should have access to and complete a basic education of good quality. |
Mongolia |
Not Stated |
Not Stated |
Not Stated |
Nepal |
Not Stated |
The Seventh amendment (2001) to the education Act has made the provisions that mother tongue to be used as a medium of instruction at the primary level of education. |
Not Stated |
Pacific Island |
Not Stated |
Not Stated |
Not Stated |
Pakistan |
State shall “remove illiteracy and provide free and compulsory secondary education within minimum possible period” |
Not Stated |
National Education Policy (1990-2010) reintroduces katchi pre-primary class as a formal class in primary schools, extending the primary education for six years-Katchi to Grade V |
Philippines |
Recognizes and provides for the formal, non-formal, informal and indigenous learning needs of the citizens. |
The Governance Act for Basic Education 2001 (RA 9155) stipulates the establishment of the ALS to provide for out-of-school children, youth and adults population with basic education. It also states the need to ensure the quality and continuity of the services of NFE mobile teachers as ALS teachers |
Not Stated |
Sri Lanka |
Not Stated |
Not Stated |
Not Stated |
Thailand |
“All Thai citizens shall enjoy their right to receive at least twelve years of a free, quality education provided by the government” (Section 43 of Constitution) |
Not Stated |
Not Stated |
Vietnam |
Not Stated |
Not Stated |
Not Stated |
Issues |
In view of non-clarity in the Constitutional, Legal Provisions and Policies concerning EFA, there is a need to review whether The right to education for all children with explicit reference to the minority and currently excluded groups is being upheld A right based approach in providing for Education for All is being followed and practiced in legislative and policy provisions and implementation strategies The plans and policies have been developed through a process of consultation with community stakeholders, including parents and representatives of organizations of different marginalized groups. The policies are being reviewed and revised as per the emerging contextual needs |