Equality and inclusion in education for persons with disabilities: Article 24 of the convention on the rights of persons with disabilities and its implementation in Hong Kong

Abstract

This article considers the extent to which a legal right to equality and nondiscrimination - as it has been expressed and developed in international law, domestic legislation and constitutional provisions - can support inclusion in education for persons with disabilities. Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and other relevant human rights standards serve as reference points for this discussion. The article explores the concepts of disability (based on the social model), substantive equality, and inclusion and argues that these notions combine to form a theoretical foundation for a strong legal framework that requires transformative measures. It considers how these concepts are refl ected in international human rights law and how they have been applied in Hong Kong domestic law. It concludes that legal reforms are necessary for Hong Kong to fully implement its obligations to ensure inclusive education and substantive equality under the CRPD.