Lucie Ducarre is a PhD candidate at the Faculty of Law (UiB). Her project focuses on autistic children’s rights and best interests. The aim of the project is to research the definition given to autistic children’s right to education when using a neurodiverse and participatory perspective and to apply it through the reinterpretation of some core legal decisions in this field. The project builds on the legal theories and methodology developed by femisnits legal studies and used in recent judgement rewriting projects.
The right to education is a fundamental children’s right, protected by several international texts, including the Convention on the Rights of the Child (UN, 1989), the Convention on the Rights of Persons with Disabilities (UN, 2006), the Charter of Fundamental Rights (EU, 2012), or the Protocol No. 1 to the European Convention of Human Rights(Council of Europe, 1952). However, although essential, authors have for long underlined the potential oppressive character of schooling, especially for somehow “different” children. With regards to autistic children, the right to education is both crucial and controversial. For example, inclusive education is still relatively poorly conceptualized and implemented, and sometimes contested by autistic pupils themselves. This highlights the need to reach a better comprehension of what the right to education means for autistic children, and how a more participative and neurodiverse perspective would define and apply this right.