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Tilimbekova Ainura
Kyrgyz State University named after I. Arabaev
Faculty of Pedagogy
Bishkek, Kyrgyzstan
e-mail: ainuratilekova@gmail.com
ORCID: 0000-0003-2145-7890
Keywords: education, discrimination, integration, inclusiveness, disability, pedagogical challenges
Abstract. The article provides a comprehensive analysis of both local and international legislative acts concerning the legal aspects of discrimination based on disability. It explores how these laws define, prohibit, and address discriminatory practices in the field of education. In addition to examining legal frameworks, the author delves into the conceptual foundations of inclusive education by analyzing key terms such as «inclusion,» «integration,» and «accessibility.» The article highlights the significance of creating an equitable educational environment for students with disabilities and identifies the psychological and pedagogical challenges involved. Furthermore, it discusses various academic perspectives and research findings that shed light on how discrimination manifests in educational institutions, and how inclusive practices can mitigate these issues. Through this multifaceted analysis, the article underscores the importance of inclusive educational policies and the need for continuous legislative and institutional reforms to ensure equal opportunities for all learners.
Introduction
International human rights standards are fundamentally grounded in the principle of full and equal participation of all individuals in society, regardless of any distinguishing characteristics, including disability. These standards emphasize the inherent dignity and equal rights of every human being and promote the elimination of all forms of discrimination [1]. In recent decades—particularly over the last twenty years—there has been a global shift, especially in Western countries, toward the adoption and enforcement of equality legislation aimed at safeguarding the rights of persons with disabilities in all areas of life, including education. These legislative initiatives have significantly influenced the educational sector by placing a legal and moral obligation on schools and educational institutions to provide equal learning opportunities for all students, including those with physical, intellectual, or sensory impairments. Such laws are anti-discriminatory in essence, as they prohibit unequal treatment or exclusion based on disability and mandate inclusive practices that accommodate the diverse needs of learners. They promote the idea that students with disabilities are entitled to the same access to quality education as their non-disabled peers, within mainstream educational environments whenever possible.
Main part
Before delving into the legal aspects of disability-based discrimination, it is essential to explore and clarify several foundational concepts that underpin the educational rights of students with disabilities. Terms such as «inclusiveness,» «integration,» and «inclusion» are not only terminological distinctions but also reflect different pedagogical approaches, ideologies, and legal interpretations regarding the participation of children with special educational needs in mainstream education systems. A nuanced understanding of these terms is vital for analyzing the structure and implementation of inclusive education policies. The term inclusive — derived from the French inclusif and Latin include, meaning “to incorporate” or “to bring in” — is widely used to describe educational approaches in which children with special needs are actively engaged in mainstream learning environments. Inclusive education is based on a human rights ideology that rejects all forms of discrimination and affirms the equal worth and dignity of all learners. It emphasizes not only access to education but also meaningful participation, social belonging, and the provision of individualized support tailored to each student’s needs. In this sense, inclusive education is not merely a placement model but an approach that transforms school culture, policies, and teaching practices to accommodate diverse learners.
The concept of integration, originating from the Latin word integratio (meaning “restoration,” “unification,” or “incorporation”), is multifaceted. On one hand, it is interpreted didactically, referring to the establishment of coherent links between different stages of the learning process and across various subject areas. On the other hand, it carries a legislative and institutional implication, referring to efforts aimed at aligning general education systems with progressive international practices and creating structural mechanisms for the enrollment of students with disabilities in mainstream educational institutions. Unlike inclusion, integration typically implies that the student must adapt to the existing system, often without systemic changes being made to accommodate their needs. The education policy of the Kyrgyz Republic. Inclusive education in Kyrgyzstan is legally supported by a number of national strategic documents, including the Law on Education, the State Program on the Development of Inclusive Education for 2019–2023, and the National Strategy for Sustainable Development [3]. These documents collectively promote the inclusion of children with disabilities into mainstream education by advocating for accessible learning environments, teacher training, and community awareness initiatives and Kyrgyzstan’s legislation does not establish a strict numerical quota. Instead, it emphasizes the creation of barrier-free environments and the adaptation of curricula and infrastructure to accommodate all learners. The Concept of Inclusive Education in the Kyrgyz Republic, approved by the Ministry of Education and Science, views inclusion as a long-term structural transformation rather than a fixed enrollment policy.
This provision reflects an attempt to balance the integration of students with special needs into general education settings while maintaining the functionality and structure of these institutions. Furthermore, when the necessary psychological, pedagogical, and medical conditions are present, inclusive education may also be organized within special classes of general education institutions. These special classes are designed to meet the specific developmental, cognitive, and emotional needs of students with disabilities while ensuring their access to the general curriculum [Karabalaeva and others, 2024].
This model reflects a hybrid approach — combining elements of inclusion and segregation — and aims to create an educational environment that is both equitable and responsive to individual learning profiles. Such distinctions between inclusion and integration are also significant when discussing teacher preparedness, institutional readiness, and societal attitudes toward disability. While integration may often result in the mere physical placement of students with disabilities in general classrooms, inclusion requires a broader transformation—pedagogically, administratively, and culturally. The shift from integration to genuine inclusion is a critical marker of a society’s commitment to equality and human rights in education.
Furthermore, when the necessary psychological, pedagogical, and medical conditions are present, inclusive education may also be organized within special classes of general education institutions. These special classes are designed to meet the specific developmental, cognitive, and emotional needs of students with disabilities while ensuring their access to the general curriculum. This model reflects a hybrid approach — combining elements of inclusion and segregation — and aims to create an educational environment that is both equitable and responsive to individual learning profiles. Such distinctions between inclusion and integration are also significant when discussing teacher preparedness, institutional readiness, and societal attitudes toward disability [Akkojоeа, 2020]. While integration may often result in the mere physical placement of students with disabilities in general classrooms, inclusion requires a broader transformation—pedagogically, administratively, and culturally. The shift from integration to genuine inclusion is a critical marker of a society’s commitment to equality and human rights in education.
According to international legislation, the Committee on Human Rights and Equal Opportunities defined the following types of discrimination in 1994:
Direct discrimination: unfavorable treatment where a person with a disability lacks access to opportunities available to others.
Indirect discrimination: unjust exclusion where imposed conditions prevent participation due to a disability. Examples include:
- Activities assumed to be accessible are not available to persons with disabilities;
- Information requests involve discriminatory questions;
- Discriminatory practices disguised under general rules.
Dividing students with disabilities into categories remains controversial. Supporters argue that categorization helps identify needs and secure resources. Others believe it promotes stereotypes, damages self-esteem, and offers little benefit to educational planning. Students with disabilities must have equal opportunities for admission, access, and participation in all levels of education, provided they meet the necessary criteria. This includes access to a positive learning atmosphere, counseling services, and a choice of courses and subjects.
Conclusion
Disability has always existed and continues to be part of society. While it can create challenges in everyday life, national and international legislation strives to mitigate such barriers through continuous updates and legal frameworks. Inclusive practice is an innovative approach that requires educators to adopt new methods and attitudes. With adequate preparation, educators can fulfill their duties effectively, using their knowledge, skills, and experience to meet the diverse needs of their students. Ultimately, psychological and pedagogical readiness for inclusive education becomes essential for successful professional engagement. The content and structure of such readiness are shaped by the demands of mental processes, practical experiences, personal qualities, and relational competencies.
References
- Akkojоeа, A. K. (2020). Inclusive education in the Kyrgyzstan: Issues and implementation approaches. International Journal of Humanities and Natural Sciences.
- Karabalaeva, E., Uulu, S. E., Omorox, S., Meimanbekova, K., & Bortun, K. (2024). Inclusive higher education in Kyrgyzstan for people with physical and intellectual disabilities. Journal of Intellectual Disability – Diagnosis and Treatment, 12(3), 154–169.
- Mirages and harsh reality of inclusive education in Kyrgyzstan. (n.d.). GCEDC Clearinghouse. Retrieved from on‑site data.
- Ministry of Education and Science & UNICEF Kyrgyzstan. (n.d.). Strengthening the education system: Inclusive education initiatives. UNICEF Kyrgyzstan.
- Kyrgyzstan: Education Law effective 11 August 2023. (2023). Refworld.
- Uulu, S. E., & Omorox, S. (2024). [As cited in Karabalaeva et al., 2024]. Note: comprehensive national survey on inclusive education challenges.