FROM RIGHTS TO REALITIES: INCLUSIVE EDUCATION AND THE LIMITS OF MAINSTREAM INCLUSION IN EUROPE

The purpose of the present dissertation is to examine the evolution of the right to inclusive education for disabled children within international and European legal frameworks, and to critically evaluate whether full mainstream inclusion should be regarded as the only legitimate model for its concrete implementation. The first section traces the progressive recognition of inclusive education as a fundamental right to be realized within mainstream settings, highlighting the normative transformation that has occurred both at the international and European level. The second and third sections explore the tensions between the theoretical rights enshrined in legal instruments and the practical realities observed within European educational contexts, drawing also on relevant jurisprudence of the European Court of Human Rights. Subsequently, the research focuses on the legal tools designed to operationalize the right to inclusive education (namely, accessibility duty, support measures, and reasonable accommodations) and evaluates their effectiveness in addressing the diverse needs of learners, with particular reference to autistic students. The thesis ultimately argues for a reconceptualization of inclusive education that recognizes the legitimacy of inclusive special settings when developed through a rights-based lens, and that places at its core the principles of participation, educational quality, and substantive equality.