Diskrimineringsskydd för personer med funktionshinder inom utbildningsområdet : En offentligrättslig studie
Sammanfattning: My thesis consists of three legal areas within the framework of Public Law, i.e. Legal Theory, Public International Law (Human Rights), Swedish Law (Constitutional Law, Discrimination Law, Educational Law) and American Law (Comparative Law). The purpose is to analyse to what extent these areas explicitly or implictly protect persons with disabilities against discrimination in the educational life. Is this protection good or insufficent? If so, to what extent can this shortage be remedied? I aim at breaking the traditional pattern by not only focusing on the concepts of discrimination ground and measures but also on the history of normative instruments and effective remedy. The main reason is that such a consideration is a prerequistie for understandning why certain normative instruments are effective and why they are not. However, I am aware of the fact that I am unable to consider all aspects of discrimination problems and have to select some issues which according to my opinion are particularly interesting.First, I examine the discrimination protection at the legally theoretical plane. I analyse the concepts of disability, negative and positive measures, the goal of full participation and equality, legitimacy problems relating to positive measures and effective measures. These component elements constitute a comparative basis for the analysis of normative instruments which are considered in this thesis. I analyse first international instruments, secondly, Swedish instruments and last American instruments. I focus on the personal scope (students with disabilities), problems relating to access to education from compulsory education to university education for applicants with disabilities, the scope of the educational authorities’ responsibility for adapting education to students with disabilities etc. The result of this analysis shows that the discrimination protection has changed a lot lately thanks to the disability movement’s successful struggle. However, the protection is still not fully effective but linked with different kinds of shortages. I try to give some suggestions on how to improve the discrimination protection so that the goal of full participation and equality is promoted.
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