The right to education for children with autism in Lesotho: A review of the legal and policy frameworks

Abstract

A child’s access to equal educational opportunities is considered a basic human right, which extends even to children with disabilities. However, the realisation of international agreements protecting this right lies in individual countries’ interpretation and implementation of such rights. This study examined how the right to education for children with autism is provided for, protected and promoted in Lesotho’s existing legislation and policy frameworks. A critical policy analysis was employed to explore how explicit or implicit the language used in the legal and policy frameworks is to generate opportunities and/or social inequalities in realising this right for autistic children. Reviewed legislation and policies were purposively selected to address the phenomenon of the study. The documents selected were four legislations; the Constitution of Lesotho (Lesotho, 1993), Education Act, No.3 of 2010 (Lesotho, 2010), Children’s Protection and Welfare Act 2011 (Lesotho, 2016b), Persons with Disability Equity Act of 2011 (Lesotho, 2021), and two policy documents; National Disability and Rehabilitation Policy of 2011 (Lesotho, 2011a), and Lesotho Inclusive Education Policy of 2018 (Lesotho, 2018). The findings revealed that while there are laws, including the Constitution of Lesotho (Lesotho, 1993), and policies that recognise the right of children with disabilities to education in Lesotho, there seemed to be no legal obligation to warrant the provision of this right for children with autism. Thus, this may have a negative impact on the provision and access to equitable education for these children and, in turn, the right to education for children with autism. Therefore, a legislation and policy review is recommended if this right is to be realised for children with autism.