ABSTRACT
Persons with disabilities, universally, have struggled to access their right to education. The right to education finds its origin in numerous international treaty bodies and declarations including, among others, Article 26(1) Universal Declaration of Human Rights (UDHR) which holds that: Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. For decades, people with disabilities have been advocating tirelessly for inclusive education, notwithstanding the ratification of numerous international human rights treaties on the right to education. Article 24 Convention on the Rights of Persons with Disabilities (CRPD) sets out the measures which States Parties must take to fulfil their obligation to safeguard the right of persons with disabilities to education. The requirement for ' progressive realisation ' must be interpreted according to the overall objective of the Convention which includes a need to establish clear obligations for States Parties regarding the full realisation of the rights set out in the Convention.
