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THE CONCEPT OF INCLUSIVE HIGHER EDUCATION AND ITS LEGAL
NATURE
Bokiev Jakhongir Nurmatjon ugli
Tashkent State Law University
Deputy Head of Constitutional Law Department
ORCID: (0000-0002-4183-4760)
E-mail: jahongirlawyer1@gmail.com
https://doi.org/10.5281/zenodo.17008109
In today’s globalized world, ensuring human rights is considered one of the
main goals of state policy. In particular, among human rights, states pay special
attention to the individual’s right to education. This is because it is no secret that
the future development of a country depends on the intellectual potential,
knowledge, and education of its people. Ensuring the right to education and
creating equal opportunities for all in educational policy has become one of the
primary issues. This, in turn, requires states to take measures to ensure
inclusivity in the education system. The development of legal mechanisms in this
area holds special significance at both national and international levels, and
improving the legal foundations of inclusive education is becoming an integral
part of the modern education system.
In our opinion, in order to systematically analyze the concept of inclusive
higher education, it is appropriate to begin with the concept of education, and
then continue with the concepts of higher education and inclusive education. In
a number of scholarly works, we can observe various views expressed by
scholars on the issue of education.
For instance, I. Kant evaluated education as a process of natural upbringing,
which includes forming knowledge and skills in individuals, developing their
physical and intellectual abilities, and fostering discipline. Sh. Asadov
emphasized that education is, first and foremost, a product of society, an
opportunity for a person to attain the status of an individual, and also a means
that ensures a person’s participation in social life.
Indeed, acknowledging the correctness of the above views, it can be said
that education is a process that enables every individual to find their place in
society, contribute to the development of society and the state in a given field, as
well as to achieve personal growth.
Continuing the analysis with the concept of the right to higher education,
we can also cite a number of researchers’ opinions on this issue. For example, S.
Mishenko defines the right to higher education as the opportunity for a person
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with a sufficient level of basic education to acquire professional knowledge,
skills, and competencies, and to have them officially recognized within the
framework of educational programs and standards established by a higher
education institution or research organization.
N.A. Pavlova characterizes the right to higher education as an individual’s
right to acquire cultural-professional knowledge, practical skills, and
competencies in a particular field of specialization, noting that it is one of the
human rights that everyone may enjoy on a voluntary basis.
C. Martin, discussing the concept of the right to higher education,
emphasized its crucial role in social life and recognized it as a subjective right
belonging to the individual, directed at the gradual acquisition of specific
knowledge, and one of the rights guaranteed in the international arena.
Taking into account the above views, it can be concluded that the right to
higher education is indeed the right to receive education that helps an individual
become a professional in a particular field and, thereby, secure their place in
society.
It should also be noted that the right to higher education is enshrined as a
human right in both the Universal Declaration of Human Rights and our
Constitution. According to Article 19 of our Constitution, human rights and
freedoms belong to everyone from birth. This provision demonstrates that the
right to higher education can be regarded as a natural right.
Continuing the analysis with the concept of inclusive education, it seems
appropriate to begin with international documents as well as the norms of our
national legislation. It is well known that in 1993, the principal comprehensive
document on the rights of persons with disabilities – the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities – was adopted. Rule 6
of this document was devoted to education, requiring states to recognize the
principle of equal opportunities for children, youth, and adults with disabilities
in primary, secondary, and higher education, and to ensure that their education
becomes an integral part of the general education system.
From June 7–10, 1994, the World Conference on Special Needs Education:
Access and Quality was held in Salamanca, Spain, where the Salamanca
Statement and Framework for Action on Special Needs Education were adopted.
This document emphasized the importance of all states giving priority to making
their education systems inclusive, incorporating the principle of inclusive
education into the structure of legal or political systems, fostering cooperation
and exchange of experience with states that have expertise in inclusive
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education, and financing the development of the professional aspects of
inclusive education.
In fulfilling the requirements set forth in international documents and
expanding educational opportunities for persons with disabilities, the Republic
of Uzbekistan has, in recent years, demonstrated significant commitment by
implementing large-scale legal reforms. In particular, Article 50 of the new
edition of the Constitution of the Republic of Uzbekistan, adopted through a
nationwide referendum on April 30, 2023, enshrined a constitutional guarantee
ensuring inclusive education and upbringing for children with special
educational needs in educational institutions.
Furthermore, Article 57 of the Constitution stipulates that the state shall
facilitate the education of persons with disabilities.
In the new version of the Law of the Republic of Uzbekistan “On Education”
(Law No. ORQ-637), adopted on September 23, 2020, a definition of inclusive
education was introduced. According to Article 20 of this law, inclusive
education is a form of education aimed at ensuring equal opportunities for all
learners in educational institutions, taking into account the diversity of special
educational needs and individual abilities.
If we analyze the definition provided in the law, we can observe that
inclusive education is a form of education that envisions the creation of equal
opportunities for all learners, regardless of whether they are healthy or have
disabilities.
At the same time, inclusive education has been the subject of study by
numerous experts, and various opinions—both supportive and critical—have
been expressed with regard to the definition established in the law. That is, even
in studies conducted by researchers, including foreign scholars, it can be seen
that there is no single, universally accepted understanding of the concept of
inclusive education.
For example, S. Stubbs has noted that inclusive education refers to broad
strategies, activities, and processes aimed at realizing the universal right to
access quality, relevant, and appropriate education. The researcher also made a
very important observation: in inclusive education, it should not be the child
who adapts to the system, but rather the system that adapts to the child.
Achieving such an outcome is considered essential for ensuring inclusivity in
education.
Similarly, scholars such as Ainscow, Booth, and Dyson argue that “inclusive
education is about increasing access to, participation in, and a sense of belonging
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in formal education for all children. It involves changes in content, approaches,
structures, and strategies, encompasses all children of the relevant age group,
and places the responsibility for education on the regular education system.
Inclusive education is directed toward improving the quality of mainstream
schools for all learners.”
Lani Florian, meanwhile, defines inclusive education as the process of
welcoming and accepting all learners as valued members of the school
community, regardless of their characteristics, backgrounds, or differences.
According to her, this includes restructuring the learning environment,
curriculum, and teaching methods to meet the diverse educational needs of all
learners, fostering collaborative learning, and encouraging the active
participation of every student.
Based on the ideas expressed in a number of studies on inclusive education,
the following author’s definition has been developed:
Inclusive education is a principle of education aimed at ensuring that
individuals with limited abilities have the same educational opportunities as
learners without such limitations.
On the basis of a systematic study of research results regarding the concept
of inclusive education, its main characteristics can be distinguished as follows:
First, inclusive education is based on a universal approach that envisions
the creation of equal opportunities for all learners without segregation. In this
process, eliminating barriers between persons with and without disabilities is
considered a priority task. As emphasized by S. Stubbs, “inclusive education
encompasses broad strategies, activities, and processes aimed at realizing the
universal right to quality, relevant, and appropriate education.” This universal
approach manifests inclusive education as a holistic educational principle that
does not separate learners into specific groups but rather values diversity and
takes into account individual characteristics. In turn, this reflects a fundamental
approach that must be ensured at all stages of education.
Second, inclusive education imposes transformational demands not on
learners, but on the education system itself. This characteristic is reflected in the
conceptual view of S. Stubbs, who noted that “in inclusive education, it is not the
child who should adapt to the system, but the system that should adapt to the
child.” In this process, the learning environment, curricula, pedagogical
approaches, and teaching methods must be adapted to the individual capacities
of learners. Such transformational requirements for the education system have
also been supported by a number of researchers, including Lani Florian, who
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specifically emphasized the need to “reconstruct the learning environment,
curriculum, and teaching methods.” This point once again confirms that
inclusive education is not a form of education but rather a principle, since it
represents an approach that must be applied at all levels and forms of education.
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