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Inclusive Education in Strasbourg: Still Learning?
- Edited by Philip Czech, Lisa Heschl, Karin Lukas, Manfred Nowak, Gerd Oberleitner
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- Book:
- European Yearbook on Human Rights 2020
- Published by:
- Intersentia
- Published online:
- 11 February 2021
- Print publication:
- 01 December 2020, pp 281-320
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Summary
ABSTRACT
Too often, children with disabilities worldwide do not enjoy the right to education (on an equal footing). Yet the right to inclusive education is enshrined in Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and General Comment No. 4 to this Convention. This right has, moreover, found its way into many other layers of inter- and supranational law. It might therefore seem surprising that the European Court of Human Rights (ECtHR, the Court) is criticised for misapplying the CRPD in its case law, especially concerning the right to education of children with disabilities – all the more so as the Court usually has regard to the broader developments in international law and the development of a consensus. In this contribution, we firstly consider the precise obligations imposed by Article 24 CRPD and its success in international law. After having considered this yardstick, we analyse the cases concerning the right to education of children with disabilities. These cases concern Article 2 of the First Additional Protocol to the European Convention on Human Rights, alone and in conjunction with the prohibition of discrimination in Article 14 European Convention on Human Rights. As our analysis shows, this case law does reveal some inconsistencies as well as certain aspects that are difficult to reconcile with the CRPD framework. These difficulties can also be seen when considering the Article 2 case law more broadly. However, some rays of hope can be found both in the case law concerning children with disabilities and in the Article 2 case law more broadly, most notably through applying a consistent alliance of Article 2 with Article 14 in such cases. We end this contribution with a tentatively suggested approach that would allow the Court to interpret Article 2 in a way that is compatible with the CRPD framework and which is thus more respectful of the rights of children with disabilities.
INTRODUCTION: INCLUSIVE EDUCATION, THE COUNCIL OF EUROPE AND THE EctHR
According to the United Nations Children's Fund (UNICEF), about 93 million children worldwide have a disability. As is the case for all other children, if not even more so, a good education is crucial for them to flourish and to participate in society on equal terms with everyone else.
Validation of the Diet Quality Index for Adolescents by comparison with biomarkers, nutrient and food intakes: the HELENA study
- Krishna Vyncke, Estefania Cruz Fernandez, Marta Fajó-Pascual, Magdalena Cuenca-García, Willem De Keyzer, Marcela Gonzalez-Gross, Luis A. Moreno, Laurent Beghin, Christina Breidenassel, Mathilde Kersting, Ulrike Albers, Katharina Diethelm, Theodora Mouratidou, Evangelia Grammatikaki, Tineke De Vriendt, Ascensión Marcos, Karin Bammann, Claudia Börnhorst, Caterine Leclercq, Yannis Manios, Jean Dallongeville, Carine Vereecken, Lea Maes, Wencke Gwozdz, Myriam Van Winckel, Frédéric Gottrand, Michael Sjöström, Ligia E. Díaz, Anouk Geelen, Lena Hallström, Kurt Widhalm, Anthony Kafatos, Denes Molnar, Stefaan De Henauw, Inge Huybrechts
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- Journal:
- British Journal of Nutrition / Volume 109 / Issue 11 / 14 June 2013
- Published online by Cambridge University Press:
- 30 October 2012, pp. 2067-2078
- Print publication:
- 14 June 2013
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- Article
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Food-based dietary guidelines (FBDG) aim to address the nutritional requirements at population level in order to prevent diseases and promote a healthy lifestyle. Diet quality indices can be used to assess the compliance with these FBDG. The present study aimed to investigate whether the newly developed Diet Quality Index for Adolescents (DQI-A) is a good surrogate measure for adherence to FBDG, and whether adherence to these FBDG effectively leads to better nutrient intakes and nutritional biomarkers in adolescents. Participants included 1804 European adolescents who were recruited in the Healthy Lifestyle in Europe by Nutrition in Adolescence (HELENA) Study. Dietary intake was assessed by two, non-consecutive 24 h recalls. A DQI-A score, considering the components' dietary quality, diversity and equilibrium, was calculated. Associations between the DQI-A and food and nutrient intakes and blood concentration biomarkers were investigated using multilevel regression analysis corrected for centre, age and sex. DQI-A scores were associated with food intake in the expected direction: positive associations with nutrient-dense food items, such as fruits and vegetables, and inverse associations with energy-dense and low-nutritious foods. On the nutrient level, the DQI-A was positively related to the intake of water, fibre and most minerals and vitamins. No association was found between the DQI-A and total fat intake. Furthermore, a positive association was observed with 25-hydroxyvitamin D, holo-transcobalamin and n-3 fatty acid serum levels. The present study has shown good validity of the DQI-A by confirming the expected associations with food and nutrient intakes and some biomarkers in blood.