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Legal Bases of Inclusion and Special Education


Intended Learning Outcomes
At the end of the topic, you should be able to:
o Cite legal bases of inclusion and special education in the country and
internationally
o Discuss the importance of legislations of inclusive and special education
o Reflect on the status of legislations of inclusive and special education in the
Philippines

Introduction

Although a conclusive definition of inclusion does not exist, it is generally


acknowledged as the movement to integrate regular and special education. This
movement, often referred to as full inclusion, is one of the most widely and hotly
discussed topics in education today. Irrespective of the academic debates
surrounding inclusion, it is an incontrovertible fact that schools are educating more
students with disabilities in the mainstream now in the past. Before we discuss the
strategies and tactics to more fully integrate students with disabilities in general
education classrooms, it is important that we have a thorough understanding of the
legal and policy basis for this trend.

Children and youth with special needs have always been recognized as legitimate
beneficiaries of the Philippine government’s reforms in basic education. For almost a
century now, the Department of Education through its Special Education Division
has been providing broad framework and standards in establishing and maintaining
special education programs both in public and private schools all over the country.

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The current status of the Inclusive Education Bill in senate is in the Committee of
Education, Arts and Culture sponsored by the Chairperson himself, Senator Chiz
Escudero. In the House of Representatives, the Inclusive Education Bill has not
moved forward from the Committee of Basic Education and Culture. A bill was
consolidated and authored by the House of Representative Villarica.

Activity

Reflect on the following quotations:


Inclusion is a right, not a privilege for a select few.
-Oberti v. Board of Education

All children with disabilities are to be educated to the maximum extent with
children who do not have disabilities.
-Federal I.D.E.A. Sec. 612.5 (A)

Separate educational facilities are inherently unequal.


-Supreme Court – Brown v. Board of Education

Schools who let one criterion, such as specific disability, automatically


determine the placement are likely to be held in violation of federal law.
-Supreme Court- Board of Education v. Rowley

Analysis

What do you think is the importance of legislation in inclusive and special


education?

Abstraction

A. International Legal and Standard-setting Instruments

1. UN Conventions of the Rights of the Child (1989). The UN Convention on


the Rights of the Child is a comprehensive, internationally binding agreement on the
rights of the children, which was adopted by the United Nations General Assembly
in 1989. It is the most widely ratified human rights treaty in history: all countries
have ratified it with the exception of the United States of America and Somalia.

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When countries ratify an international treaty or convention, such as the UN
Convention on the Rights of the Child, they enter a binding agreement to meet its
provisions and obligations. A child is defined in the UN Convention as a person under
the age of 18 years. The UN Convention acknowledges the family as the
fundamental unit of society. It stresses the role of parents as the primary care-givers
with responsibility for the up-bringing of their children and obliges governments to
support parents in fulfilling their essential role.

The UN Convention consists of 41 articles, each of which details a different type


of right. These rights are not ranked in order of importance; instead they interact
with one another to form one integrated set of rights. A common approach is to
group these articles together under the following themes:

a. Survival rights: include the child’s right to life and the needs that are most
basic to existence, such as nutrition, shelter, an adequate living standard, and
access to medical services.
b. Development rights: include the right to education, play, leisure, cultural
activities, access to information, and freedom of thought, conscience and
religion.
c. Protection rights: ensure children are safeguarded against all forms of abuse,
neglect and exploitation, including special care for refugee children;
safeguards for children in the criminal justice system; protection for children
in employment; protection and rehabilitation for children who have suffered
exploitation or abuse of any kind.
d. Participation rights: encompass children's freedom to express opinions, to
have a say in matters affecting their own lives, to join associations and to
assemble peacefully. As their capacities develop, children should have
increasing opportunity to participate in the activities of society, in preparation
for adulthood.

The UN Convention includes four articles that are given special emphasis. These
are also known as ‘general principles’. These rights are the bedrock for securing the
additional rights in the UN Convention.

● that all the rights guaranteed by the UNCRC must be available to all children
without discrimination of any kind (Article 2);
● that the best interests of the child must be a primary consideration in all
actions concerning children (Article 3);
● that every child has the right to life, survival and development (Article 6); and
● that the child’s view must be considered and taken into account in all matters
affecting him or her (Article 12).

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2. World Declaration on Education for All (1990). Article 1 Section 1 states
that Every person – child, youth and adult – shall be able to benefit from educational
opportunities designed to meet their basic learning needs. These needs comprise
both essential learning tools (such as literacy, oral expression, numeracy, and
problem solving) and the basic learning content (such as knowledge, skills, values,
and attitudes) required by human beings to be able to survive, to develop their full
capacities, to live and work in dignity, to participate fully in development, to
improve the quality of their lives, to make informed decisions, and to continue
learning. The scope of basic learning needs and how they should be met varies with
individual countries and cultures, and inevitably, changes with the passage of time.
Article 3 states the universalization of access to education and promoting equity in
such that underserved groups like the poor; street and working children; rural and
remote populations; nomads and migrant workers; indigenous peoples; ethnic,
racial, and linguistic minorities; refugees; those displaced by war; and people under
occupation, should not suffer any discrimination in access to learning opportunities.
Steps need to be taken to provide equal access to education to every category of
disabled persons as an integral part of the education system.
3. UNESCO Salamanca Statement and Framework for Action (1994).
Although the Statement focused on children described as having ‘special needs’, it
asserted from the outset its commitment to reaffirm the right to education of every
individual, as enshrined in the 1948 Universal Declaration of Human Rights, and
renewing the pledge made by the world community at the 1990 World Conference
on Education for All to ensure that right for all regardless of individual differences. It
emphasized that mechanisms for planning, monitoring and evaluating provision for
inclusive education should be decentralized and participatory’ and should encourage
the ‘participation of parents, communities and organizations of people with
disabilities in the planning and decision making.
4. 2007 UN Declaration on the rights of the Indigenous Peoples. The UN
Declaration on the Rights of Indigenous Peoples, adopted by the United Nations
General Assembly in 2007, provides a global framework for efforts to advance
indigenous peoples’ rights. Together with other human rights instruments and
growing human rights jurisprudence concerning indigenous peoples, the Declaration
contains crucial guidance for building societies that ensure full equality and rights of
indigenous peoples.
The Declaration is the most comprehensive instrument detailing the rights of
indigenous peoples in international law and policy, containing minimum standards
for the recognition, protection and promotion of these rights. It establishes a
universal framework of minimum standards for the survival, dignity, wellbeing and
rights of the world's indigenous peoples.

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The Declaration addresses both individual and collective rights; cultural rights
and identity; rights to education, health, employment, language, and others. It
outlaws discrimination against indigenous peoples and promotes their full and
effective participation in all matters that concern them. It also ensures their right to
remain distinct and to pursue their own priorities in economic, social and cultural
development. The Declaration explicitly encourages harmonious and cooperative
relations between States and indigenous peoples.
e. The Education 2030 Framework for Action. It states inclusion and equity in
and through education as the cornerstone of a transformative education agenda,
and therefore it commits to address all forms of exclusion and marginalization,
disparities and inequalities in access, participation and learning outcomes. No
education target should be considered met unless met by all. It commits to making
the necessary changes in education policies and focuses efforts on the most
disadvantaged, especially those with disabilities, to ensure that no one is left behind.
B. Philippine Legal Bases for Inclusive Education
1. The 1987 Philippine Constitution (Art. XIV, Sec 1 & 2). Section 1 states
that the State shall protect and promote the right of all citizens to quality education
at all levels, and shall take appropriate steps to make such education accessible to
all. In section 2, the State shall:(1) Establish, maintain, and support a complete,
adequate, and integrated system of education relevant to the needs of the people
and society;(2) Establish and maintain a system of free public education in the
elementary and high school levels. Without limiting the natural right of parents to
rear their children, elementary education is compulsory for all children of school
age;(3) Establish and maintain a system of scholarship grants, student loan
programs, subsidies, and other incentives which shall be available to deserving
students in both public and private schools, especially to the underprivileged;(4)
Encourage non-formal, informal, and indigenous learning systems, as well as
self-learning, independent, and out-of-school study programs particularly those that
respond to community needs; and(5) Provide adult citizens, the disabled, and
out-of-school youth with training in civics, vocational efficiency, and other skills.
2. RA No. 10533, The Enhance Basic Education Act of 2013. According to
this act, the State shall create a functional basic education system that will develop
productive and responsible citizens equipped with the essential competencies, skills
and values for both life-long learning and employment. In order to achieve this, the
State shall:
(a) Give every student an opportunity to receive quality education that is globally
competitive based on a pedagogically sound curriculum that is at par with
international standards;
(b) Broaden the goals of high school education for college preparation, vocational
and technical career opportunities as well as creative arts, sports and
entrepreneurial employment in a rapidly changing and increasingly globalized
environment; and

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(c) Make education learner-oriented and responsive to the needs, cognitive and
cultural capacity, the circumstances and diversity of learners, schools and
communities through the appropriate languages of teaching and learning, including
mother tongue as a learning resource.

Section 3 also states that Basic education is intended to meet basic learning
needs which provide the foundation on which subsequent learning can be based. It
encompasses kindergarten, elementary and secondary education as well as
alternative learning systems for out-of-school learners and those with special needs.

3. RA No. 10157, The Kindergarten Education Act. This is an act


institutionalizing kindergarten education into the basic education system. It declares
the policy of the State to provide equal opportunities for all children to avail of
accessible mandatory and compulsory kindergarten education that effectively
promotes physical, social, intellectual, emotional and skills stimulation and values
formation to sufficiently prepare them for formal elementary schooling. It states
that Kindergarten education is vital to the academic and technical development of
the Filipino child for it is the period when the young mind’s absorptive capacity for
learning is at its sharpest. It is also the policy of the State to make education
learner-oriented and responsive to the needs, cognitive and cultural capacity, the
circumstances and diversity of learners, schools and communities through the
appropriate languages of teaching and learning.

4. RA No. 9155, The Governance of Basic Education Act of 2001. It is an act


instituting a framework of governance for basic education, establishing authority
and accountability, renaming the department of education, culture and sports as the
department of education, and for other purposes. It declares the policy of the State
to protect and promote the right of all citizens to quality basic education and to
make such education accessible to all by providing all Filipino children a free and
compulsory education in the elementary level and free education in the high school
level. Such education shall also include alternative learning systems for
out-of-school youth and adult learners. It shall be the goal of basic education to
provide them with the skills, knowledge and values they need to become caring,
self- reliant, productive and patriotic citizens.
5. RA No. 8371, The Indigenous Peoples Rights of 1997. It is an act to
recognize, protect and promote the rights of indigenous cultural
communities/indigenous peoples, creating a national commission on indigenous
peoples, establishing implementing mechanisms, appropriating funds therefore,
and for other purposes. The State shall guarantee that members of the ICCs/IPs
regardless of sex, shall equally enjoy the full measure of human rights and freedoms
without distinction or discrimination.
6. P.D. 603 - The Child and Youth Welfare Code. Article 3, section 3 states
that every child has the right to a well-rounded development of his personality to
the end that he may become a happy, useful and active member of society. The
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gifted child shall be given opportunity and encouragement to develop his special
talents. The emotionally disturbed or socially maladjusted child shall be treated with
sympathy and understanding, and shall be entitled to treatment and competent
care. The physically or mentally handicapped child shall be given the treatment,
education and care required by his particular condition.
7. RA No. 7610 – Special Protection of Children against Child Abuse,
Neglect, Cruelty, Exploitation and Discrimination. According to this Act, it is the
policy of the State to provide special protection to children from all firms of abuse,
neglect, cruelty exploitation and discrimination and other conditions, prejudicial
their development; provide sanctions for their commission and carry out a program
for prevention and deterrence of and crisis intervention in situations of child abuse,
exploitation and discrimination. The State shall intervene on behalf of the child
when the parent, guardian, teacher or person having care or custody of the child
fails or is unable to protect the child against abuse, exploitation and discrimination
or when such acts against the child are committed by the said parent, guardian,
teacher or person having care and custody of the same.

It shall be the policy of the State to protect and rehabilitate children gravely
threatened or endangered by circumstances which affect or will affect their survival
and normal development and over which they have no control.

The best interests of children shall be the paramount consideration in all


actions concerning them, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities, and legislative bodies,
consistent with the principle of First Call for Children as enunciated in the United
Nations Convention of the Rights of the Child. Every effort shall be exerted to
promote the welfare of children and enhance their opportunities for a useful and
happy life.

8. RA No. 9344, The Juvenile Justice and Welfare Act of 2006. As stated in
Section 2 of Chapter 1, the State recognizes the vital role of children and youth in
nation building and shall promote and protect their physical, moral, spiritual,
intellectual and social well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic affairs. It shall
protect the best interests of the child through measures that will ensure the
observance of international standards of child protection, especially those to which
the Philippines is a party. Proceedings before any authority shall be conducted in the
best interest of the child and in a manner which allows the child to participate and to
express himself/herself freely. The participation of children in the program and
policy formulation and implementation related to juvenile justice and welfare shall
be ensured by the concerned government agency. Likewise, it recognizes the right
of children to assistance, including proper care and nutrition, and special protection

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from all forms of neglect, abuse, cruelty and exploitation, and other conditions
prejudicial to their development.

Pursuant to Article 40 of the United Nations Convention on the Rights of the


Child, the State recognizes the right of every child alleged as, accused of, adjudged,
or recognized as having infringed the penal law to be treated in a manner consistent
with the promotion of the child's sense of dignity and worth, taking into account the
child's age and desirability of promoting his/her reintegration. Whenever
appropriate and desirable, the State shall adopt measures for dealing with such
children without resorting to judicial proceedings, providing that human rights and
legal safeguards are fully respected. It shall ensure that children are dealt with in a
manner appropriate to their well-being by providing for, among others, a variety of
disposition measures such as care, guidance and supervision orders, counseling,
probation, foster care, education and vocational training programs and other
alternatives to institutional care. The administration of the juvenile justice and
welfare system shall take into consideration the cultural and religious perspectives
of the Filipino people, particularly the indigenous peoples and the Muslims,
consistent with the protection of the rights of children belonging to these
communities. The State shall apply the principles of restorative justice in all its laws,
policies and programs applicable to children in conflict with the law.

9. RA No. 9442 amending RA No. 7277- The Magna Carta for Disabled
Persons. It is the objective of Republic Act No. 9442 to provide persons with
disability the opportunity to participate fully into the mainstream of society by
granting them at least a twenty percent (20%) discount in all basic services. It is a
declared policy of RA 7277 that persons with disability are part of Philippine society,
and thus the State shall give full support to the improvement of their total
well-being and their integration into the mainstream of society. They have the same
rights as other people to take their proper place in society. They should be able to
live freely and as independently as possible. This must be the concern of everyone
the family, community and all government and non-government organizations.
Rights of persons with disability must never be perceived as welfare services.
Prohibitions on verbal, non-verbal ridicule and vilification against persons with
disability shall always be observed at all times.

10. RA No. 10665, An Act Establishing the Open High School System in
the Philippines. It is the policy of the State to broaden access to relevant quality
education through the employment of an alternative secondary education program
that will enable the youth to overcome personal, geographical, socioeconomic and
physical constraints, to encourage them to complete secondary education. This is in
line with the constitutional policy that mandates the State to “encourage
non-formal, informal, and indigenous learning systems, as well as self-learning,
independent, and out-of-school study programs particularly those that respond to

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community needs”, as stated in Article XIV, Section 2, paragraph 4 of the 1987
Constitution.

11. RA No. 10361, The Domestic Workers Act or Batas Kasambahay. The
State strongly affirms labor as a primary social force and is committed to respect,
promote, protect and realize the fundamental principles and rights at work
including, but not limited to, abolition of child labor, elimination of all forms of
forced labor, discrimination in employment and occupation, and trafficking in
persons, especially women and children. It adheres to internationally accepted
working conditions for workers in general, and establishes labor standards for
domestic workers in particular, towards decent employment and income, enhanced
coverage of social protection, respect for human rights and strengthened social
dialogue. It recognizes the need to protect the rights of domestic workers against
abuse, harassment, violence, economic exploitation and performance of work that is
hazardous to their physical and mental health. In protecting domestic workers and
recognizing their special needs to ensure safe and healthful working conditions, the
State shall promote gender-sensitive measures in the formulation and
implementation of policies and programs affecting the local domestic work.
C. The Legal Bases of Special Education
Special education in the Philippines is anchored on fundamental legal
documents that present events on the growth and development of the program.
The first legal basis of the care and protection of children with disabilities was
enacted in 1935. Articles 356 and 259 of Commonwealth Act No. 3203 asserted
‘The right of every child to live in atmosphere conducive to his physical, moral and
intellectual development and the concomitant duty of the government “to promote
the full growth of the faculties of every child.’
Republic act No. 3562, an act to promote the education of the blind in the
Philippines on June 21, 1963 provided for formal training of special education
teachers of blind children at the Philippine Normal College, the rehabilitation of the
Philippine National School for the Blind (PNSB) and the establishment of the
Philippine Printing House for The Blind.
Republic Act No. 5250, An act Establishing a Ten-Year Teacher Training
Program for Teachers of Special and Exceptional Children was signed into law in
1968. The law provided for the formal training of teachers for deaf, hard of hearing,
speech –handicapped, socially and emotionally disturbed, mentally gifted children
and youth at the Philippine Normal College and the University of the Philippines.
The 1973 Constitution of the Philippines, the fundamental law of the land,
explicitly stated in Section 8, Article XV the provision of a complete, adequate and
integrated system of education relevant to the goals of national development. The
constitutional provision for the universality of educational opportunities and

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education of every citizen as a primary concern of the government clearly implies
the inclusion of exceptional children and youth.
In 1975, Presidential Decree No. 603, otherwise known as the Child and
Youth Welfare Code was enacted. Article 3 on the Rights of the Child provides
among others that the emotionally disturbed or socially maladjusted child shall be
treated with sympathy and understanding and shall be given the education and care
required by his particular condition. Equally important is Article 74 which provides
for the creation of special classes. Thus, “where needs warrant, there shall be at least
special classes every province, and if possible, special schools for the physically
handicapped, the mentally retarded, the emotionally disturbed and the mentally
gifted. The private sector shall be given all the necessary inducement and
encouragement.

In 1978, Presidential Decree No. 1509 created the National Commission


Concerning Disabled Persons (NCCDP). It was renamed as the National Council for
the Welfare of Disabled Persons (NCWDP).

The Education Act of 1982 or Batas Pambansa Bilang 232 states that the
State shall promote the right of every individual to relevant quality education
regardless of sex, age, breed, socioeconomic status, physical and mental condition,
social and ethnic origin, political and other affiliations. The State shall therefore
promote and maintain equality of access as well as enjoyment of the benefits of
education by all its citizens. Section 24 Special Education Service of the same law
affirms that the State shall further recognize its responsibility to provide within the
context of the formal education system services to meet special needs of certain
clientele. These specific types shall be guided by the basic policies of state embodies
on general provisions of this act which include special education, the education of
persons who are physically, mentally, emotionally, socially, culturally different form
the so called ‘normal’ individuals that they require modification of school
practices/services to develop their maximum capacity.

In 1983, Batas Pambansa Bilang 344 was enacted. The accessibility Law, “An
Act to Enhance the Mobility of Disabled Persons’ requires cars, buildings,
institutions, establishments and public utilities to install facilities and other devices
for persons with disabilities.

The 1987 Constitution of the Philippines cites the rights of exceptional


children to education in Article XIV. Section 1 declares that the State shall protect
and promote the right of all citizens to quality education at all levels and shall take
appropriate steps to make such education accessible to all. Section 2 emphasizes
that the “State shall provide adult citizens, the disabled and out –of-school youth
with training in civics, vocational efficiency and other skills.”

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In 1989, RA No. 6759 was enacted. The law declared August 1 of each year as
White Cane Safety Day in the Philippines. Blind persons use the cane in traveling.

In 1992, RA No. 7610 was enacted. The law is An Act Providing for Strong
Deterrence and Special Protection Against Child Abuse, Exploitation and
Discrimination, Providing Penalties for its Violation and other purposes.

In the year 2000, Presidential Proclamation No. 361 set new dates for the
National Disability Prevention and Rehabilitation Week Celebration on the third
week of July every year which shall culminate on the birth date of the Sublime
Paralytic Apolinario Mabini.

The year 2004 ushered in a landmark legislation spearheaded by the


Department of Health. Republic Act No. 9288 otherwise known as the Newborn
Screening Act of 2004” is based on the premise that a retarded child could have
been normal. A drop of blood can save the baby from mental retardation and death.
Newborn screening is a very simple test that should be given to the baby
twenty-four hours after birth. If the test is given too late, the baby can either die or
eventually be retarded. Newborn screening is a blood test wherein a blood sample
will be taken from the heel of the child. The test primarily checks for five metabolic
disorders that could affect the health of the child within the first few weeks of life.
These are congenital hypothyroidism, congenital adrenal hyperplasia, galactosemia,
phenylketonuria and G6PD deficiency. If gone undetected, these disorders may
cause severe mental retardation, cataracts, severe anemia or even death for the
child. However, if these disorders are diagnosed early enough, the child can grow up
as a normal, healthy human being. The test and the 24-hour window can literally be
the difference between life and death. If a baby is shown to be positive for any of the
disorders, the parents will be immediately informed and more tests will be done to
the child to confirm the test. Once properly diagnosed, proper treatment and care
can be given to the baby to correct the disorder. The baby can then go on to live a
happy and normal life.

Application

Research for famous people with disability, at least one international and one
local. Cite legislations which helped them succeed in life. Discuss briefly how
such legislations helped them.

Legal Foundation of Special and Inclusive Education in a Nutshell

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The policy on Inclusive Education for All is adopted in the Philippines to
accelerate access to education among children and youth with special needs.
Inclusive education forms an integral component of the overall educational system
that is committed to an appropriate education for all children with special needs.
The goal of the special education programs of the Department of Education
all over the country is to provide children with special needs appropriate educational
services within the mainstream of basic education. The two-pronged goal includes
the development of key strategies on legislation, human resource development,
family involvement and active participation of government and non-government
organizations. Likewise, there are major issues to address on attitudinal barriers of
the general and public effort towards the institutionalization and sustainability of
special education and services.

Evaluation

1. Cite at least 3 legal bases for each of the following:


a. International Legal and Standard-setting Instruments
b. Legal Bases of Inclusion
c. Legal Bases of Special Education
2. Discuss the importance of each legislation you have cited in item no. 1
3. Make a 3 -minute video narrating by point your reflection on the status of
legislation in the country and submit in my email account:
[email protected].

References
[1]https://hbr.org/2021/03/implementing-inclusive-policies-across-a-global-organization
[2]https://theconversation.com/indonesias-information-law-has-threatened-free-speech-for-more-than-a-decade-this-must-stop-12744
6
https://www.tandfonline.com/doi/abs/10.1080/1045988X.1996.9944662?journalCode=vpsf20
https://childrightsnetwork.ph/advocacies/inclusive-education-for-children-and-youth-with-disabilities/
https://quotesgram.com/quotes-about-inclusion-in-education/
Children’s Right Alliance. The UN Convention on the Rights of the Child © United Nations, June 2010
https://www.childrensrights.ie/childrens-rights-ireland/un-convention-rights-child
https://www.officialgazette.gov.ph/2013/05/15/republic-act-no-10533/
https://www.savethechildren.org.uk/what-we-do/childrens-rights/united-nations-convention-of-the-rights-of-the-child
https://www.officialgazette.gov.ph/2012/01/20/republic-act-no-10157/
https://www.officialgazette.gov.ph/2001/08/11/republic-act-no-9155/
https://www.humanium.org/en/world-declaration-on-education-for-all/
pen.edu/openlearn/education/educational-technology-and-practice/educational-practice/inclusive-education
The United Nations Declaration on the Rights of Indigenous Peoples: A Manual for National Human Rights Institutions © Copyright Asia
Pacific Forum of National Human Rights Institutions and the Office of the United Nations High Commissioner for Human Rights August
2013
ICDE - International Council for Open and Distance Education © International Council For Open and Distance Education 1938-2020
https://www.icde.org/knowledge-hub/education-2030-framework
https://www.officialgazette.gov.ph/1997/10/29/republic-act-no-8371/
https://pcw.gov.ph/republic-act-7610-special-protection-of-children-against-abuse-exploitation-and-discrimination-act/
lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html
https://www.officialgazette.gov.ph/2015/07/09/republic-act-no-10665/

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