African Perspectives of Legal Frameworks on Disabilities in the Schooling System

African Perspectives of Legal Frameworks on Disabilities in the Schooling System

DOI: 10.4018/978-1-6684-5800-6.ch003
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Abstract

After more than two decades and many interventions, the education system in South Africa, particularly regarding inclusive education implementation, still faces insurmountable transformation challenges. The sustainable developmental goal four (SDG 4) on quality education constitutes one instrument to drive the evolution process. However, research has shown that Western paradigms are partly to blame for the slow shift from the social rights model to offering quality education to children with disabilities in mainstream schools. Additionally, a need exists for policies and legal frameworks to metamorphose, be responsive to the needs of children with disabilities, and become aligned to the African perspectives. This chapter discusses the dominant Western paradigms that ignore African beneficiaries' voices on intervention provision, and intermittently highlights the African legal framework's benefits towards encouraging indigenous knowledge systems within a globalised world.
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Background

There is increasing evidence in the literature that international organisations such as the United Nations Educational, Scientific and Cultural Organisations (UNESCO), the World Bank, and the International Monetary Fund are participating in developing countries' pronouncements. Archer (2014) regards international organisations as those governed by constitutions and administrative pecking orders. International organisations are responsible for facilitating teamwork and harmonisation among member states. Inclusive education is one such educational approach conceptualised in Salamanca, acknowledged worldwide, and varying immensely in definition and implementation procedures (UNESCO, 1994; UN, 2016).

Initially, many countries misinterpreted inclusive education as including children with disabilities in mainstream schools. Abosi (2007) defines children with disabilities as those with speech, visual and/or cognitive impairments and requiring additional support to progress through school with typical peers. Inclusive education is a multifaceted restructuring and reform concept to enhance equal educational and social access for all children, including those with a range of disabilities (Department of Education, 2001). Many countries accepted the plan; however, conflict manifested regarding disability perceptions in African countries. The widespread contestations range from human rights entitlement and disregarding indigenous perspectives to disability issues (Alcoff, 2017). However, a global paradigm shifting towards equal, quality education and achieving the Sustainable Development Goals (SDGs) is emerging (Didham & Ofei-Manu, 2018).

Globalisation in developing countries is two-edged, presenting definitions, conceptualising challenges, and imposing clinical interventions (Masaka, 2017). While African countries appreciate the participation of international organisations, a forthcoming argument holds Eurocentric paradigms as a consequence of non-progress in African countries (Reynolds, 2010). Alcoff (2017, p. 397) contends that “Eurocentrism is a philosophy of ignorance” if historical and cultural contexts for paradigm application are to be discounted. The notion of “inclusive education and disabilities” denotes a dilemma regarding the generalisation and specification of all children's educational needs.

This chapter aims to encourage the appreciation of indigenous knowledge systems to develop Afrocentric paradigms (Haang'andu, 2018). The paradigms could be adapted from well-grounded Eurocentric perspectives and serve as building blocks for developing legal frameworks compatible with the African schooling system. Encouraging Afrocentrism may facilitate achieving Goal 4 of the 2030 SDGs as ratified by the United Nations Member States in 2015 (United Nations, 2016).

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