阻碍1992年《残疾歧视法》（Cth）有效性的法律制度障碍，以支持残疾学生的融入

IF 1.5 4区教育学 Q2 EDUCATION & EDUCATIONAL RESEARCH

Australian Journal of Education Pub Date : 2022-09-26 DOI:10.1177/00049441221127706

E. Dickson

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引用次数: 1

摘要

《1992年残疾歧视法》(Cth)似乎为那些因残疾而被拒绝入学、入学后被排斥或被剥夺教育机会或福利的学生提供了强有力的补救措施。该法禁止在受保护的教育领域以残疾为由进行歧视，并规定对残疾进行合理调整。在其30年的历史中，根据DDA采取的法庭行动让更多的学生失望，而不是得到帮助。像DDA这样的立法在一个更广泛的法律体系内运作，其补救效果受到该体系的影响。融入的障碍来自围绕DDA的法律体系，这是一个以投诉为基础的、对抗性的、昂贵的体系。对这些障碍的分析是本文的重点。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Legal system barriers to the effectiveness of the Disability Discrimination Act 1992 (Cth) as a support for the inclusion of students with disability

The Disability Discrimination Act 1992 (Cth) (DDA) appears to offer powerful remedies to students who have been refused enrolment, excluded after enrolment or denied educational opportunities or benefits because of their disability. The Act prohibits discrimination on the ground of disability in the protected area of education and obligates reasonable adjustment for disability. Over the course of its thirty-year history, court action taken under the DDA has disappointed more students than it has helped. Legislation like the DDA operates within a broader legal system and its remedial effect is affected by that system. Barriers to inclusion have risen from the legal system surrounding the DDA, a system which is complaints-based, adversarial and expensive. An analysis of those barriers is the focus of this article.

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来源期刊

Australian Journal of Education EDUCATION & EDUCATIONAL RESEARCH-

CiteScore

3.20

自引率

0.00%

发文量

期刊介绍： The Australian Journal of Education was established in 1957 under the editorship of Professor Bill Connell. Drawing upon research conducted in Australia and internationally, the AJE aims to inform educational researchers as well as educators, administrators and policymakers about issues of contemporary concern in education. The AJE seeks to publish research studies that contribute to educational knowledge and research methodologies, and that review findings of research studies. Its scope embraces all fields of education and training. In addition to publishing research studies about education it also publishes articles that address education in relation to other fields.