Legitimate restriction of the right to education of children with disabilities

Abstract

The article is devoted to the issue of legitimate restriction of the right to education of children with disabilities. It is emphasized that although the limitations of the right to education of children with disabilities are established by each state independently on the basis of domestic legal acts, in modern conditions the international community takes this problem beyond the internal competence of the state. Conceptual principles and principles are highlighted that could serve as a basis for law-making and law-enforcement activities regarding restrictions on the right to education of children with disabilities. The above-mentioned principles are characterized: the principle of matching the limitation of the right to education of children with disabilities to the situation in society; the principle of proportionality of limitation; the principle of balancing the interests of the individual, society and the state; the principle of purposefulness; the principle of equality. The definition of the concept of legitimate restriction of the right to education of children with disabilities is formulated - these are legal measures introduced for strictly defined purposes, enshrined in normative legal acts, aimed at establishing obstacles to the realization of the right to education of children with disabilities and which ensure compliance with the necessary balance of interests individuals, society and the state.