: The Legal Rights of Students with Behavioural Disorders in an International Context – Focusing on the Consequences of Disobeying the Rules

When considering the situation of pupils with behavioural disorder in the public education system, an important starting point is to approach their right to an adequate education from the perspective of children’s rights. In our study, we focus primarily on the various international legal instruments and examine the depth to which they incorporate human rights principles and how they are interpreted and applied to achieve them. Given that the population under study is made up of children on the one hand and pupils with special educational needs on the other, the starting point for our research is the International Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities. In this paper, we show how the rights enshrined in these conventions relate to and are concretely implemented in terms of inclusive education opportunities for students with behavioural disorders. Our main question is: can an education system for typically developing learners be truly inclusive and effective for learners with behavioural disorders? We do not only interpret the rights of the affected persons in a narrow sense, in terms of education, but we also look at the legal regulation of health care for pupils with behavioural problems (psychiatric diagnosis, medication), the experience in the educational system, the possibility of criminalisation and its relation to criminal law.

Keywords: human rights, behavioural disorder, school law, care system, justice

Year: 2021
Issue: 4
Page: 47-61
Dec 2021
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