Redefining Inclusive Education for Autistic Children in International and European Law

Abstract

This paper focuses on the legal concept of inclusive education, and the challenges that its current interpretation raises, especially for autistic children. Centring on European and international law, it first analyses the sources and genesis of the current interpretation of inclusive education as full mainstream inclusion. It then proceeds critically to examine the conceptual and legal limitations this interpretation involves, before developing arguments for a more neurodiverse and rights-based alternative. Under this new interpretation, states would be required not only to render mainstream education more inclusive, but also to provide alternative educational offers for when mainstream education is not able to provide a neurodiverse and rights-based inclusive education.