State Responsibility toward the Embodiment of Education Rights Protection of Disabled Community

Abstract

The State has a responsibility to guarantee its citizen rights, and what means by these rights are the fulfillment of basic human rights, as one of the important things is the fulfillment of education rights. The fulfillment of this right should be able to be accessed by all types of society members. International regulation has established the UN Convention on the Rights of Persons with Disabilities to provide legal shelter for guarantee the rights of persons with disabilities. Indonesia as a part of the international community also provides regulation of Law number 4 of 1997 concerning disabled people. Though within the existence of these regulation, various problems related with their right fulfillment in the equity of education, it still trails behind. The legal standing of disabled right s protection has been regulated in UN Convention on the Rights of Persons with Disabilities especially as regulated in article 24 on Education, yet this Convention also provides comprehensive shelter for the disabled community interests. Meanwhile in Law number 4 year 1997 also provides such regulations that apply in Indonesia, yet it has not given some specific regulation as the UN Convention on the Rights of Persons with Disabilities did. Regarding the action for the model to provide the equality of education rights for disabled community, it will needs three aspects, which are : substance, meaning that Indonesia will need a subsidiary regulation to apply the protection of disabled community specifically, structure means there is needed a model of inclusive schooling that provides equality for all the disabled community.



Author Information
Patricia Audrey Ruslijanto, University of Brawijaya Malang, Indonesia

Paper Information
Conference: ACSS2015
Stream: Politics

This paper is part of the ACSS2015 Conference Proceedings (View)
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