全纳教育的监管和法律支持:乌克兰趋势和国际实践

O. Barabash, O. Balynska
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引用次数: 0

摘要

乌克兰的全纳教育需要改进监管框架,以规范有特殊需要的儿童在学校的实际存在,以及学校本身、学校基础设施、学生与教师之间以及教师与医疗专业人员(心理学家、精神病学家、缺陷学家等)之间的关系。本研究的目的是探讨乌克兰全纳教育的法律规制现状及其进一步发展的前景。该研究的主要方法技术之一是比较方法。比较法分析了世界各国规范全纳教育的立法。作者确定了国际法条款与乌克兰立法之间的相关性,这些立法将国际法律文书中所载的全纳教育的国际原则落实到乌克兰的法律体系中,包括教育体系。探讨了国家层面对包容性的监管和法律监管的实践和不足。分析了“特殊学习条件”概念的内涵。特别关注在不同国家发展包容性职业教育和培训。确定了乌克兰和世界全纳教育的具体特征。需要指出的是,全纳教育是建立在“所有儿童都是平等的”价值理念之上的。有人强调,在乌克兰,全纳教育可以被评价为一种先进的特殊教育需要儿童教育制度,其基础是健康儿童和残疾儿童的联合教育。这项研究的实际意义在于,研究中提出的结论和建议将有助于改善保护作为人口中最脆弱类别之一的有特殊需要的儿童权利的机制。总结工作成果的目的是改进乌克兰在全纳教育领域的立法,并在乌克兰的教育实践中执行外国关于保护有特殊需要的儿童权利的规定和标准。
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Regulatory and legal support of inclusive education: Ukrainian trends and international practice
The relevance of the research is explained by the fact that inclusive education in Ukraine requires improvement of the regulatory framework to regulate both the physical presence of a child with special needs at school and changes in the school itself, school infrastructure, and the relationship between students and teachers and between teachers and medical professionals: psychologists, psychiatrists, defectologists, etc. The purpose of the research is to explore the current state of legal regulation of inclusive education and prospects for its further development in Ukraine. One of the main methodological techniques of the study is a comparative approach. The comparative legal approach analyses the legislation of different countries of the world that regulates inclusive education. The author identifies the correlation between the provisions of international law and Ukrainian legislation on the implementation of the international principles of inclusive education enshrined in international legal instruments into the legal system of Ukraine, including the education system. The practice and shortcomings of regulatory and legal regulation of inclusion at the state level are explored. The author analyses the content of the concept of “special learning conditions”. Particular attention is devoted to the development of inclusive vocational education and training in different countries. The specific features of inclusive education in Ukraine and the world are identified. It is noted that inclusive education is based on the value idea “all children are equal”. It is emphasised that in Ukraine, inclusive education can be assessed as an advanced system of education for children with special educational needs, based on the joint education of healthy children and children with disabilities. The practical significance of the study is that the conclusions and proposals presented in the research will contribute to improving the mechanism for protecting the rights of children with special needs as one of the most vulnerable categories of the population. The generalisation of the results of the work is designed to improve the legislation of Ukraine in the field of inclusive education and to implement foreign provisions and standards for the protection of the rights of children with special needs in Ukrainian educational practice.
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