Abstract:
A child’s access to equal educational opportunities is considered
a basic human right, which extends even to children with
disabilities. However, the realisation of international agreements
protecting this right lies in individual countries’ interpretation and
implementation of such rights. This study examined how the right
to education for children with autism is provided for, protected and
promoted in Lesotho’s existing legislation and policy frameworks.
A critical policy analysis was employed to explore how explicit or
implicit the language used in the legal and policy frameworks is
to generate opportunities and/or social inequalities in realising this
right for autistic children. Reviewed legislation and policies were
purposively selected to address the phenomenon of the study.
The documents selected were four legislations; the Constitution of
Lesotho (Lesotho, 1993), Education Act, No.3 of 2010 (Lesotho,
2010), Children’s Protection and Welfare Act 2011 (Lesotho,
2016b), Persons with Disability Equity Act of 2011 (Lesotho, 2021),
and two policy documents; National Disability and Rehabilitation
Policy of 2011 (Lesotho, 2011a), and Lesotho Inclusive Education
Policy of 2018 (Lesotho, 2018). The findings revealed that while
there are laws, including the Constitution of Lesotho (Lesotho,
1993), and policies that recognise the right of children with
disabilities to education in Lesotho, there seemed to be no legal
obligation to warrant the provision of this right for children with
autism. Thus, this may have a negative impact on the provision and
access to equitable education for these children and, in turn, the
right to education for children with autism. Therefore, a legislation
and policy review is recommended if this right is to be realised for
children with autism.
