Inclusive Justice During Emergencies: Covid-19 Reflections on The Right to Education for Children with Disabilities

Abstract

As a State party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), Convention on the Rights of the Child (CRC), and the Convention on the Rights of Persons with Disabilities (CRPD), Indonesia is obligated to ensure the right to education for all children including children with disabilities in time of crisis. . In response to the Covid-19 pandemic, Indonesia implemented a learning-from-home (BDR) policy through online platforms and provided free internet quotas. However, complex constraints in implementing this policy to children with disabilities preventing them from fully enjoying their right to education. This raises questions regarding Indonesia’s compliance with its international human rights obligations and the measures required to ensure effective fulfilment of this right during crises. This research employs a socio-legal approach, combining a review of relevant literature, analysis of legal instruments, in-depth interviews, and field studies conducted at Special Needs Schools (Sekolah Luar Biasa/SLB). The findings indicate that although the fulfilment of the right to education for children with disabilities during the pandemic was suboptimal, it does not necessarily constitute a violation of Indonesia’s obligations under international law. Nevertheless, stronger coordination and supervision involving local governments, schools, and parents are essential. The study further suggests that sanctions against local governments that fail to take maximum available measures, as required by law, should be considered.