The right to inclusive education in Nigeria: Meeting the needs and challenges of children with disabilities

 Bukola Ruth Akinbola
 LLB (Ibadan), LLM (Ife), BL (NLS)
 Lecturer Faculty of Law, University of Ibadan, Nigeria
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 Edition: AHRLJ Volume 10 No 2 2010
  Pages: 457 - 477
 Citation: (2010) 2 AHRLJ 457-477
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Summary

The article examines the right to inclusive education in Nigeria. It asserts that the essence of the right to education is that it should be provided to all and without discrimination. It posits that, under Nigerian law, children with disabilities suffer many prejudices, including seclusion and discrimination in terms of education. It argues that such practices amount to a violation of the Nigerian commitments and obligations under international law to provide education for all and without discrimination. The article calls on the Nigerian government to put in place adequate laws and policies advancing the right of children with disabilities within its territory.

1.  Introduction

Diversity, integration and inclusion are the means and methods of developing a public education system that is fair. [1]

Children are a particularly vulnerable group. [2]  On account of their tender age, they are generally not in a position to effectively articulate and enforce their rights. [3]  Human rights challenges confronting chidren are many and varied. They include torture, ill-treatment and appalling conditions of detention on every continent. [4]  Challenges confronting children are as severe as death sentences and the killing of thousands in armed conflicts. [5]  Millions of children are forced by poverty to live on the street, while millions more work hazardous jobs or are the victims of child trafficking and prostitution. [6]  Discriminatory attitudes and practices cause girl children to suffer gender-specific abuse, such as female genital mutilation and other forms of abuse, including rape. [7]  General Comments and a UN Fact Sheet have described labour-related challenges confronting children as 'contemporary forms of slavery'. [8]  According to the United Nations Children's Fund (UNICEF)'s estimates there are about 246 million children engaged in exploitative child labour; 140 million children who have never been to school; and 300 000 child soldiers, some as young as eight years of age. [9]  The picture is a grave one that challenges the humanity of governments, organisations and individuals.

Children with disabilities are even more vulnerable, suffering many more prejudices on account of their disabilities. According to the United Nations (UN), 10 per cent of the world's population – or 650 million people – live with one disability or another. [10]  Rieser states that at least 10 per cent of the world's people have a significant, long-term, physical or mental impairment which prevents them from taking part in the usual educational, social and economic activities of their communities. [11]  This is due to barriers in societal attitudes regarding disabilities, the built environment, and the way society is organised preventing the disabled from participating on an equal level with others. [12]  It is an established fact that people with disabilities and children, in particular, are especially vulnerable to exploitation, abuse, exclusion and marginalisation all over the world. [13]  They are at more risk of having their rights violated and denied. [14]

In the education sector, for instance, discrimination against the disabled varies from an outright denial of educational opportunities to more subtle forms of discrimination, such as isolation and segregation imposed in the forms of physical and social barriers. [15]  For instance, according to the United Nations Educational, Scientific and Cultural Organisation (UNESCO), 90 per cent of children with disabilities in developing countries do not attend school. [16]  In this context, Bekink and Bekink submit that the effects of disability-based discrimination have been particularly severe in the field of education due to, in part, the 'relative invisibility of persons with disabilities'. [17]  Because of this, millions of children and adults in all parts of the world are faced with a life that is segregated and debased. [18]  It should be noted that the systematic way in which society discriminates against persons with disabilities amounts to oppression. [19]  It is oppressive to discriminate against, and exclude, people with disabilities from the mainstream of society merely on the basis of disability. For instance, a denial of access to education by placing physical barriers – such as staircases – to classrooms, or a failure to make educational materials available to all in forms that are accessible to them, is discriminatory and oppressive. It is therefore submitted that people with disabilities should be accorded the same rights and opportunities as other persons. [20]

Given the nature of children and the prejudices they suffer, the UN has attempted to work out the particularities of the application of human rights to children. It adopted the Declaration on the Rights of the Child, 1959, and the Convention on the Rights of the Child (CRC), 1989, to cater for the interests of children. Both the Declaration and the Convention contain provisions on the rights and welfare of children. In addition to recognising the specific rights of the child such as the right to education, [21]  CRC also contains specific provisions on the rights of children with disabilities. [22]  Apart from the Declaration and CRC, the right to education has been given recognition in a number of important international and regional human rights instruments. [23]  In the context of discrimination in education, a number of human rights instruments have equally been put in place to fortify the right of persons with disabilities. [24]  These instruments include the Declaration on the Rights of Disabled Persons, 1975, [25]  the Standard Rules on the Equalisation of Opportunities for Persons with Disabilities, 1993, [26]  and, most importantly, the recent Convention on the Rights of Persons with Disabilities, 2006 (Disability Convention). [27]  These instruments are examined in detail shortly. Particular emphasis is placed on the provisions of the Disability Convention with regards to persons with disabilities and CRC pertaining to the rights of the child generally.

This article attempts to examine the right of children with disabilities in Nigeria with a particular focus on equal educational opportunities for all. It also analyses the existing national and international human rights instruments on the rights of the child with the aim of determining whether those instruments adequately guarantee the rights of children with disabilities in terms of education. If it should find those instruments inadequate, the article will suggest ways in which the rights of this category of persons may be effectively guaranteed. The article is divided into seven parts. Following this introduction, I examine the two major concepts used in this paper. Part three examines the protection and recognition of the right to education. It dwells on international and national instruments in which the right to education is protected. Part four is devoted to examining the protection of children with disabilities, while part five examines the exclusion of children with disabilities from education. Part six dwells on disabilities and inclusive education in Nigeria. It also assesses all the relevant laws and policies on disabilities in that country. The conclusion makes recommendations on how to ensure inclusive education in Nigeria.

The terms 'disability' and 'inclusive education' feature prominently in the article and it is necessary at the outset to place these terms in proper perspective. In the article, disability is defined in relation to persons with disabilities (PWDs). The Disability Convention states that PWDs 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 equal basis with others'. [28]  The Disability Convention's definition shifted the emphasis/reason for disability from the individual to their 'interaction with various barriers which may hinder' her or him. Older models of disability have defined the concept from the medical perspective and have therefore typically defined the term in a stereotypic manner as 'the inability [of a person] to perform expected social role because of chronic medical pathology'. [29]  In such a context, persons with disabilities are, therefore, referred to as a 'group of people who are experiencing a significant level of physical, sensory or mental incapacity which affects their daily life in some way'. [30]  Such a model of disability has been overtaken by more recent perspectives, which view the experience of disability in terms of factors outside 'the disabled person', emphasising 'the environment which is disabling'. The Standard Rules on the Equalisation of Opportunities for Disabled People is based on the older perspective on disability. [31]  It states: 'People may be disabled by physical, intellectual or sensory impairment, medical condition or mental illness. Such impairments, conditions or illnesses may be permanent or transitory in nature.' [32]

This definition clearly omits environmental factors involved in people's experience of disability. However, the Disability Convention defines disability in its Preamble in a manner that radically changes the emphasis from the individual to the environment. It states: [33]

The term 'disabled' as used in the article covers people with physical impairments, sensory impairments; chronic illness or health issues; all degrees of learning difficulties, including specific learning difficulties such as dyslexia and speech and language impairments; and impairment based on emotional and behavioural difficulties. [34]  It should be noted that, while disabilities and ill-health are not necessarily the same, nonetheless, many children who are disabled have health problems which impact on their education. [35]

Inclusive education, on the other hand, refers to the practice of including every learner, irrespective of talent, disability, socio-economic background or cultural origin, in supportive mainstream schools and classrooms, and meeting all his or her particular needs. [36]  It is a system of education that is responsive to the diverse needs of learners. [37]  The term is used to describe educational policies and practices that support the right of learners with disabilities to belong and learn in mainstream schools. [38]  One of the fundamental elements of the right to education is that it be provided in a non-discriminatory manner to all. [39]  CRC, therefore, explicitly imposes obligations on states to take measures that ensure that disabled children have effective access to and receive education. [40]  In this regard, the CRC Committee recommends the establishment of special education programmes for children with disabilities and, where feasible, integrate them into mainstream schools. [41]  Given the focus of the article, the next section examines the legal guarantees and importance of education generally.

2.  The protection and recognition of the right to education

The right to education has been given recognition in a number of important international human rights instruments. The levels of such recognition will be discussed in two sections, namely, instruments at the international and national levels. At the international level, the UN has generally adopted instruments while, at the regional level, instruments have notably also been adopted in the European, American and African contexts. [42]  In this article, the term 'instrument' includes treaties, which, as international agreements, legally bind state parties thereto, as well as 'soft law' documents, such as resolutions, declarations and standard rules.

2.1  Instruments at the international level

At the international level, the right to education was first given recognition in a series of treaties concluded after World War I under the auspices of the League of Nations. However, with the formation of the UN, a good number of instruments protecting the right to education have further been adopted. These instruments include the Universal Declaration of Human Rights (Universal Declaration), 1948; the International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966; the International Covenant on Civil and Political Rights (ICCPR), 1966; the UNESCO Convention Against Discrimination in Education, 1960; the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 1966; the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979; the Convention on the Rights of the Child (CRC), 1989; the International Labour Organisation Convention, 1989; the World Declaration on Education for All – Meeting Basic Learning Needs, 1990; the African Charter on Human and Peoples' Rights (African Charter), 1981; and the African Charter on the Rights and Welfare of the Child, 1990 (African Children's Charter). [43]

The Universal Declaration, for instance, provides for the right to education, emphasising that education must be free, at least at the elementary and fundamental stages. [44]  In terms of this provision, everyone has the right to education. Elementary and fundamental education must be free and compulsory. While elementary education refers to formal schooling for children of primary school age, fundamental education means education which is offered outside the regular primary education system for children, youth and adults, who did not have the opportunity to undergo or complete primary education. [45]  Similarly, article 13(1) of ICESCR guarantees the right to education in the following terms: [46]

It provides further that primary education shall be compulsory and available free to all; secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means and, in particular, by the progressive introduction of free education; higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means and, in particular, by the progressive introduction of free education; and fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of primary education. [47]

In the same vein, CRC also contains a comprehensive set of legally-enforceable commitments concerning the right to education. [48]  CRC reaffirms the right of every child to free and compulsory primary schooling, and states further that higher levels of education must be made accessible to all on the basis of capacity and without discrimination of any kind. More fundamental is the provision of article 23 of CRC, which obliges state parties to ensure that the disabled child has effective access to education and training. [49] 

2.2  Instruments at the African regional level

The right to education is recognised also in regional human rights instruments. Article 17(1) of the African Charter, for instance, states that 'every individual shall have a right to education'. Similarly, article 11 of the African Children's Charter provides for every child's right to education. [50]  The Children's Charter sets out the purposes and the duties of state parties with regard to achieving the full realisation of the child's right to education. It states that education of the child shall be directed towards the promotion and development of the child's personality, talents and mental and physical abilities to their full potential. [51]  State parties are also obliged to take special measures in respect of female, gifted and disadvantaged children. [52]  It is submitted that Nigeria, having ratified ICESCR [53]  and the African Charter,  [54]  has obligations under international human rights law to provide education for its citizens. [55]

Article 13 of the African Children's Charter deals with handicapped children, while article 20 deals with parental responsibilities. Article 13(2) states:

Article 20(2)(a) provides that state parties have the obligation in accordance with their means and national conditions to take all appropriate measures 'to assist parents … and in case of need provide material assistance and support programmes particularly with regard to nutrition, health, education, clothing and housing'. These are all fundamental provisions on the protection of the child's right to education on the African continent. Apart from the African system, other regional human rights instruments also guarantee the right to education. [56]

To strengthen the effective implementation of the right to education as provided for in the various African regional instruments, the African Union (AU) has put in place mechanisms for monitoring the rights of the child in the region. These monitoring mechanisms include the African Commission on Human and Peoples' Rights (African Commission), the African Committee of Experts on the Rights and Welfare of the Child and the African Court on Human and Peoples' Rights (African Court). [57]  The African Commission was established by the African Charter and the Charter obliges all state parties to accept supervision and monitoring of all rights enshrined in the Charter. This includes the monitoring of the right to education as provided for in the African Charter. [58]  It is notable that all 53 member states of the AU are parties to the African Charter, including Nigeria. The African Court was established by the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights. [59]  The African Committee of Experts on the Rights and Welfare of the Child on its part was established by the African Children's Charter. The African Children's Charter empowers the Committee of Experts to consider individual communications. [60]  There is no record yet of any complaint examined by the Committee. [61]

2.3  Instruments at the Nigerian national level

In Nigeria, the right to education is provided for in the form of directive policy. The Constitution states that government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels. [62]  The section states further that government shall strive to eradicate illiteracy and shall, as when practicable, provide free education at all levels. [63]  In furtherance of these constitutional mandates, the government re-launched the Universal Basic Education (UBE) Programme in 2000. [64]  Similarly, the Child's Rights Act (CRA), 2003, provides for the right to education. In terms of this Act, every child has the right to free, compulsory and universal basic education, which shall be the duty of the government to provide. [65]  It is important to mention that the Fundamental Objectives and Directive Principles of State Policy, according to section 6(6)(c) of the Constitution, are non-justiciable. [66]  For instance, in the much-cited case of Uzoukwu v Ezeonu II, [67]  the Nigerian Court of Appeal said: [68]

It is my contention that, with the enactment of the Child's Rights Act in 2003, the right to education was raised from a non-justiciable entitlement to a new legal imperative. The Child's Rights Act and the Universal Basic Education Act have brought into Nigerian socio-economic rights jurisprudence a new dispensation which equates the right to education in the country with international standards. This recognition thus paved the way for the recognition of children (both able and disabled), as bearers of a right which may be enforced against parents, other individuals and the state. [69]  This position is supported by the recent judgment of the Economic Community of West African States (ECOWAS) Court which affirmed the right of every Nigerian to education. [70]  The Nigerian court demonstrated this change in Adebiyi Olafisoye v Federal Republic of Nigeria, where the Supreme Court held that the non-justiciability of section 6(6)(c) of the Constitution is not sacrosanct, as the section provides a headway by the use of the words 'except as otherwise provided by the Constitution'. [71]

Having discussed those instruments that recognise the right to education, the next section discusses specifically the protection and guarantees of the right of persons with disabilities.

3.  The protection of children with disabilities

A number of international instruments and national laws address the right to education as it accrues to disabled persons. It is observed that in many countries of the world, the issue of disability as a subject of law has commonly been included in social security and welfare legislation, health law or guardianship law. [72]  Thus, disabled persons have been depicted not as subjects of legal rights, but as objects of welfare, health and charity programmes. [73]  The underlying policy has been to segregate and exclude people with disabilities from mainstream society, sometimes accommodating them in special schools, sheltered workshops, special housing and transportation. [74]  It is observed that the idea of excluding people with disabilities from the mainstream is born out of the erroneous belief that disabled persons are incapable of coping with society at large and most life activities. [75]  The inability of people with disabilities to operate in the same way as people without disabilities within the societal framework has led to this assumption. However, had the framework of society been cast on the basis of a universal design of equality, then everyone would have been able to cope with society and most life activities.

In modern times, attempts to open employment, education, housing and goods and services to persons regardless of their disabilities have changed the understanding of disability from a medical to a social category. [76]  A key element of this new concept is the recognition that the exclusion and segregation of people with disabilities do not logically follow from their impairments, but rather from political choices based on false assumptions about disability. [77]  With the paradigm shift from the medical to the social model of disability, disability was reclassified as a human rights issue. This has led to attempts to provide equal opportunities for disabled people and to combat their segregation, institutionalisation and exclusion as typical forms of disability-based discrimination. [78]  This shift of paradigm constitutes a major milestone on the path towards the recognition of the human rights of disabled people.

Breakthroughs in this regard are the recognition of the equality principle as well as freedom from discrimination in most national constitutions and other domestic and international human rights instruments. Protection has been provided for people with disabilities in a number of international instruments. In 1971, the UN General Assembly adopted a Resolution entitled Declaration on the Rights of Mentally-Retarded Persons. [79]  Significantly, this Resolution provides that disabled persons enjoy the same human rights as other human beings. [80]  It itemises rights that are of special importance to persons with disabilities, including education, training and rehabilitation. Also, in 1975 the UN General Assembly adopted the Declaration on the Rights of Disabled Persons. [81]  This Declaration states that persons with disabilities have the same civil and political rights as other human beings. [82]  It provides further that such persons are entitled to 'measures designed to enable them to become as self-reliant as possible'. [83]  The Declaration identifies a number of economic and social rights that are of obvious importance for the development of capacities and social integration. [84]  It contains many fundamental provisions on the right of disabled persons. [85]

In 2006, the UN adopted the Disability Convention. [86]  Article 24 of the Disability Convention makes provision for the right to education for persons with disabilities and this includes children with disabilities. The Disability Convention provides that state parties recognise the right of persons with disabilities to education and in order to realise this right, without discrimination and on the basis of equality of opportunity, governments should ensure an inclusive education system at all levels. [87]  This provision is directed to the full development of potential and human dignity and strengthening a respect for human rights; fundamental freedoms and human rights; human diversity; the development by children with disabilities to their fullest potential; and enabling children with disabilities to participate effectively in a free society. [88]

The right to education without discrimination is guaranteed at all levels in the Disability Convention. While this provision covers all persons with disabilities, the Disability Convention recognises the special need of children for qualitative education and the need to prepare children for productive adult lives. The Convention specifically provides that governments must ensure that children with disabilities are not excluded from the education system, or from primary or secondary education on account of their disability. State parties are also obliged to ensure access, inclusive, quality and free primary and secondary education on an equal basis with others in the communities in which they live. States are also to ensure the provision of reasonable accommodation, that disabled people receive the support measures they need to facilitate their effective education, and provide them with individualised support measures in environments that maximise academic and social development, consistent with the goal of full inclusion. [89]  It is in recognition of the importance of having teachers who have been trained specially and equipped for teaching children with disabilities that the Disability Convention provides thus: [90]

It is commendable that the Disability Convention specifically provides for the use of experts who have disabilities themselves for meeting the manpower needs of teaching persons with disabilities. This will serve several advantages, including providing inspiration and mentorship for children with disabilities as well as providing employment opportunities for trained people with disabilities. It is regrettable to note that Nigeria is yet to ratify the Disability Convention. It is submitted that these provisions should be ratified and domesticated to make them applicable in Nigeria. 

4.  Exclusion of children with disabilities from education

Given the importance of education in any society, it would be a great disservice to exclude a segment of society from this benefit. The importance of education cannot be over emphasised. According to Addison: [91]

In the same vein, Devenish submits: [92]

Education is described as an empowerment right with a multiplying effect in the sense that the enjoyment of a number of other rights, such as freedom of information and the right to vote, depends on a minimum level of education. [93]  Education enables the individual to think critically about life. It enables him or her to examine seriously possible courses of action and to make rational choices based on such examination. [94]  It is observed that today education is perhaps the most important function of state and the various levels of government. [95]  Education is of cardinal importance for meaningful human existence; it enables a person to fully participate and function in society. [96]  It allows individuals to develop whole and mature personalities, and it empowers them to fulfil a role in the community that is enriching for themselves and is beneficial for the community. [97]  Bekker asserts that the right to vote, freedom of expression, freedom of information, freedom of association, labour rights and the right to participate in the cultural life of one's community are all linked to the right to education. [98] Children with disabilities are recognised among the categories of children that are likely to be excluded from education. [99]  According to Tomasevski, the following categories of children have been identified as particularly likely to be excluded from education: abandoned children; asylum-seeking children; beggars; child labourers; child mothers; child prostitutes; children born out of wedlock; delinquent children; disabled children; [100]  displaced children; domestic servants; drug-using children; imprisoned children; homeless children; girls; HIV-infected children; married children; mentally-ill children; migrant children; minority children; nomadic children; orphans; pregnant girls; refugee children; sans-papier children (children without identity papers); sexually-exploited children; stateless children; street children; trafficked children; war-affected children; and working children. [101]  She submits that this calls for both national and international attention. [102]

The Committee on Economic, Social and Cultural Rights (ESCR Committee) asserts as follows in its General Comment 5: [103]

However, one of the fundamental elements of the right to education is that it should be provided in a non-discriminatory manner to all. [104]  There are a number of ways in which discrimination may occur in education. It may occur at the point of admission to an institution or once the student is enrolled. Such discrimination may be direct or indirect. While a failure to provide the necessary access for students with disabilities, or refusing to admit students with disabilities to a particular school, are direct and more obvious acts of discrimination, there are other subtle ways in which discriminatory treatment may occur. A person may be discriminated against by way of his or her behaviour if that behaviour could be imputed to a disability. [105]

Indirect discrimination does not relate to the different treatments of people with disabilities per se, but occurs where a person is unfairly excluded from equal participation in society as a result of the imposition of a requirement or condition with which a disproportionate number of people with disabilities will be unable to comply. [106]  Disabled people have always suffered from stigma, prejudice and exclusion from society. The able-bodied norm is pervasive and exclusive: from public transport and pavements to working arrangements, to leisure and social facilities. People with disabilities and the concept of disability rights have long been ignored by both developed and developing countries. [107]  The reason cannot be divorced from the fact that this group constitutes a minority within the society and that their age-long neglect has relegated them to the background as a voiceless section of society. Disability has only recently gained recognition as a legitimate subject of anti-discriminatory legislation. [108]

5.  Disabilities and inclusive education in Nigeria

Nigeria recognises the education of children with disabilities as special education. In terms of the Education (Minimum Standards and Establishment of Institutions) Act, [109]  special education means: [110]

The Nigerian government has formulated policies aimed at giving children with disabilities adequate education. [111]  These policies are expressed in the 2004 National Policy on Education. The Policy provides that the education of children with special needs must be free at all levels. [112]  Also, government is obliged to provide all the necessary facilities to ensure easy access to education for children with disabilities. [113]  To this end, government must provide inclusive education or ensure the integration of special classes and units into ordinary/public schools; provide regular census and monitoring of people with special needs to ensure adequate educational planning and welfare programmes; provide special education equipments and materials; special education training; special training and re-training of personnel to develop capacity building and to keep abreast of the latest teaching techniques for the various categories of disabilities. [114]

The Policy states further that the teacher/pupil ratio in special schools must be one to ten, [115]  and that the architectural design of school buildings must be disability-friendly so that the barriers to free access should be removed. Buildings should take into account the special needs of the handicapped, for example, ramps instead of steps, wider doors for wheel-chairs, and lower toilets should be provided. [116]  It states that the federal government, state and local governments should jointly fund special education programmes. [117]  The practical experience in Nigeria, however, shows that persons with disabilities are often neglected and discriminated against in terms of education, health, and social facilities. The few disabled and handicap schools in the country are in a state of neglect and are not adequately funded. Health and social activities do not take special care of their needs. The policies expressed in the National Policy Act aim at addressing these inadequacies. Though the policies sound good, they would need absolute commitment on the part of government to turn them into reality.

As mentioned above, Nigeria recognises that the education of children with disabilities constitutes special education. One of the greatest challenges is finding ways to reconcile this guarantee with the experience of children with disabilities. [118]

Despite the basic protection put in place with regard to education for children in terms of the Child's Rights Act, the Universal Basic Education Act and the National Policy on Education, specific concerns have been expressed about the education of disabled children in Nigeria.

The Standard Rules on the Equalisation of Opportunities for Disabled People, which is also applicable in Nigeria, state that '[s]tates should recognise the principle of equal primary, secondary and tertiary educational opportunities for children, youth and adults with disabilities, in integrated settings'. [119]  The UN Special Rapporteur on Disability on the Operation of the Standard Rules has, however, highlighted the fact that many states have no legislation dealing with special educational needs; and in some other countries, schooling for children with special educational needs is still provided predominantly in segregated environments. [120]  Nigeria still has a great deal of segregation in its educational framework as special schools and 'homes for the disabled', such as Cheschire Home and Ile-alaanu Home. Schools for the blind and deaf are common features in the country. The CRC Committee has also drawn attention to instances where disabled children have no access to education or where they are simply institutionalised. [121]  In the same vein, ICESCR states that, in order to implement a genuinely inclusive approach to the right of children with disabilities to access to education in regular schools, [122]

It is submitted that children with disabilities are entitled to education that maximises their potential. [123]  As earlier canvassed, article 23(3) of CRC imposes obligations on states to take measures that ensure that disabled children have effective access to and receive education. [124]  The CRC Committee recommends the establishment of special education programmes for children with disabilities and, where feasible, to integrate them into mainstream schools. [125]  In this regard it is submitted that the phrase 'in a manner conducive to the child's achieving the fullest possible social integration' in article 23(3) of CRC suggests a preference for an inclusive education. [126]  An inclusive education requires that teachers and schools have to adapt to learners with divergent abilities and needs. [127]

It is surprising that the Nigerian government is yet to develop a clear-cut policy on inclusive education for persons with disabilities. This category of persons are still neglected and discriminated against in terms of education, health, employment and social facilities. The few disabled and handicap schools in the country are in a state of neglect and not properly kept or adequately funded. It is submitted that disabled and handicapped persons have special needs and that they should be granted the benefit of equality notwithstanding their special needs. It is submitted that the Nigerian experience falls far below international standards that advocate equal educational opportunities for all without discrimination. Children with disabilities should be cared for economically, medically and educationally. As such, programmes which focus on the rehabilitation and reintegration of people with disabilities into full social participation and long-term benefit to themselves and for society in general are advocated. To ensure universal basic education for all and without discrimination, there should be a better commitment at the various levels of government on the education of children with disabilities. 

6.  Recommendations and conclusion

The following are suggestions in light of the foregoing. First, it is recommended that the provisions on the rights of children with disabilities, as contained in the various international human rights instruments, should be domesticated and implemented in the country. For instance, Rules 6(1), (7) and (8) of the Standard Rules on the Equalisation of Opportunities for Disabled People recommend special education as an exception where the general school system is inadequate to meet the needs of people with disabilities. In Nigeria, however, children with disabilities have been systematically segregated and accommodated only in special schools separate from their peers who have no disabilities. In other words, secluded education should be discouraged while inclusive education should be implemented in Nigeria without further delay.

Secondly, the right to education is included in the Nigerian Constitution only as part of the Fundamental Objectives and Directive Principles of State Policy. Constitutional reform elevating this right to the status of a fundamental right is therefore imperative. Also in this regard, all the relevant laws and policies on the rights of persons with disabilities should be harmonised and adequately implemented. Thirdly, it is recommended that a specific human rights commission be established to cater for the rights of children with disabilities. In the alternative, an arm of the existing National Human Rights Commission should be given these functions.

To make the right to education meaningful, inclusive and universal, the government cannot afford to ignore the rights of children with disabilities. One of the fundamental elements of the right to education is that it be provided in a non-discriminatory manner to all. Lack of adequate attention to education and welfare of people with disabilities constitutes discrimination in terms of the provisions of CRC. The inevitable conclusion from the discussion in this article is that the protection of the right to education for children with disabilities in Nigeria is inadequate. Policies that can give meaning to the rights of this category of persons call for implementation. This will require a strong commitment on the part of government at every level.