Inclusive learning in Ireland: A case study

Published date01 June 2023
DOIhttp://doi.org/10.1177/13582291231169397
AuthorLucy-Ann Buckley,Shivaun Quinlivan
Date01 June 2023
Subject MatterArticles
Article
International Journal of
Discrimination and the Law
2023, Vol. 23(1-2) 103125
© The Author(s) 2023
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DOI: 10.1177/13582291231169397
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Inclusive learning in Ireland: A
case study
Lucy-Ann Buckley
and
Shivaun Quinlivan
Abstract
However, the CRPDs provisions on inclusive education have not been widely considered
in relation to Irish third level education. This article outlines the f‌indings from two
research projects that examined the experiences of students with disabilities at one Irish
university. It begins by considering the scope of inclusive education in the CRPD, ad-
dressing this through the prism of two cross-cutting rights, accessibility and reasonable
accommodation. It outlines the Irish legislative context, identifying signif‌icant gaps be-
tween existing legal provisions and Irelands CRPD obligations. It then explores the
practical realisation of inclusive education at the case study university. The article argues
that accessibility in the CRPD is broader than both Irish legislative requirements and the
general institutional understanding. Noting that students face signif‌icant diff‌iculties ac-
cessing effective reasonable accommodations in practice, the paper contends that this
may be partly attributable to the silo-ing of institutional knowledge and the lack of a
whole educational environmentapproach, as well as attitudinal barriers. These im-
pediments prevent the full and equal participation of students with disabilities in tertiary
education. The paper then draws on the CRPD to offer suggestions for enhancing in-
clusive practice.
Keywords
accessibility, reasonable accommodation, equal status acts
University of Galway, Galway, Ireland
Both authors contributed equally to this article.
Corresponding author:
Lucy-Ann Buckley, School of Law, University of Galway, Galway H91 TK33, Ireland.
Email: lucy-ann.buckley@universityofgalway.ie
Introduction
Ireland ratif‌ied the United Nations Convention on the Rights of Persons with Disabilities
(CRPD) in 2018, thereby committing to providing inclusive education at all levels. To
date, however, there has been limited consideration of the implications of the CRPD in
relation to tertiary education. Much of the Irish literature on inclusion at third level has
focused on quantitative data highlighting the numbers of students from diverse groups
participating in third level education, with less attention to their experience. This article
addresses the f‌indings from two research projects that examined student experiences of
inclusion and exclusion in the learning environment at one Irish university. Both projects
addressed students from multiple diverse backgrounds, but for this paper we focus on the
experiences of students with disabilities. The goal of both projects was to identify and
address barriers to participation, and highlight where the institution could do more to
promote inclusion. The research commenced in 2018, coinciding with Irelands ratif‌i-
cation of the CRPD, and ended in 2021. It thus provides a good baseline on inclusive
practices in the university that can be built on and developed.
The paper begins by considering the CRPD and what is meant by inclusive education,
addressing this through the prism of two cross-cutting rights, accessibility and reasonable
accommodation. It outlines some key features of the Irish legislative context, identifying
signif‌icant gaps between existing legal provisions and Irelands CRPD obligations. It then
explores the practical realisation of inclusive education, using an Irish university as a case
study. After outlining the institutional context of the projects, methodology and f‌indings,
the paper considers those f‌indings in light of the CRPD. It argues that accessibility in the
CRPD is broader than both Irish legislative requirements and the (apparent) institutional
understanding. Noting that students face signif‌icant diff‌iculties accessing effective rea-
sonable accommodations in practice, the paper contends that this may be partly attrib-
utable to the silo-ing of institutional knowledge and the lack of a whole educational
environmentapproach, as well as attitudinal barriers. These impediments prevent the full
and equal participation of students with disabilities in tertiary education. The paper
therefore draws on the CRPD to highlight ways in which inclusion could be enhanced in
third level institutions more generally, with many suggestions of broader international
relevance.
inclusive education: Reasonable accommodation
and accessibility
The CRPD is the f‌irst human rights treaty to expressly reference the duty to provide
inclusive education at all levels.
1
Although the CRPD does not def‌ine inclusive education,
General Comment No. 4 on the right to inclusive education clarif‌ies that it involves
a process of systemic reform embodying changes and modif‌ications in content, teaching
methods, approaches, structures and strategies in education to overcome barriers with a
vision serving to provide all students of the relevant age range with an equitable and
104 International Journal of Discrimination and the Law 23(1-2)

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