INTRODUCTION AND CONTEXT
Education is widely recognised as a fundamental human right and a powerful tool for individual development and societal transformation. Article 11 of the African Charter on the Rights and Welfare of the Child enshrines the right to education for every African child. This is further supported by Article 17 of the African Charter on Human and People’s Rights (ACHPR) which mandates African States to ensure everyone has access to education, the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in African under Article 12. Most recently, the Protocol to the African Charter on Human and People’s Rights on the Rights of Persons with Disabilities has recognised the right to inclusive and equal education for all persons with disabilities.
Yet despite these normative guarantees, the reality on the ground tells a different story. Millions of children with disabilities in Africa continue to face significant barriers that exclude them from learning opportunities.
The evidence herein shows that the African Committee on the Rights and Welfare of the Child has not been silent on the injustice facing children with disabilities on the continent. Over the past decade and half, through its examination of State party reports and issuance of concluding observations, the Committee has relentlessly emphasised that equal educational opportunities are the only sustainable pathway to realising the right to education for all children.
This position paper consolidates the African Committee of Experts on the Rights and Welfare of the Child (ACERWC/Committee)’s jurisprudence on inclusive education, demonstrating a clear evolution from acceptance of automatic segregated special schools toward a unified position that effective inclusive education is the acceptable model for Africa’s future.
Drawing from over 15 years of concluding observations across more than 30 States Parties and the interpretive guidance of General Comment No. 9 on Article 11 of the African Charter on the Rights and Welfare of the Child on the Right to Education, this paper articulates eight core elements of inclusive education and provides concrete recommendations for States parties to fulfill their legal obligations under the African Charter on the Rights and Welfare of the Child.
General Comment No. 9 (2025) represents the Committee’s most authoritative interpretation of Article 11 of the Charter. It consolidates the Committee’s jurisprudence and provides States parties with detailed guidance on the legal, policy, and practical dimensions of inclusive education. As such, it serves as a binding interpretive framework for assessing compliance with the Charter.
Despite legal and policy commitments, millions of African children with disabilities remain excluded from mainstream education. They face multiple barriers including physical inaccessibility, lack of assistive technologies, insufficient teacher training, discriminatory attitudes, and inadequate funding. This exclusion perpetuates cycles of poverty, marginalisation, and denial of other fundamental rights.
In view of this, the ACERWC has consistently urged African States parties to accelerate the transformation of education systems toward inclusive models. Inclusive education, as defined in General Comment No. 9, requires that children with disabilities learn alongside their peers in mainstream settings, with reasonable accommodation and necessary support. While recognising that some children may temporarily require specialised settings, the primary obligation remains: to equip mainstream schools to include all children through systemic reforms in infrastructure, teacher training, curriculum, and attitudes.
Read the Position Paper Below: