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Title: Dasar Hukum PENDIDIKAN KHUSUS KECACATAN
Author: Basuki Rakhmat
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Dasar Hukum PENDIDIKAN KHUSUS KECACATAN ...

Dasar Hukum PENDIDIKAN KHUSUS KECACATAN
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UU No. 23 tahun 2002 tentang Perlindungan Anak
Pasal 51 :                Anak yang menyandang cacat fisik dan/atau mental diberikan kesempatan yang sama dan aksesibilitas untuk memperoleh pendidikan biasa dan pendidikan luar biasa.

UU no. 20 Tahun 2003 Sisdiknas
Pasal 5
ayat (1) :      PENDIDIKAN KHUSUS merupakan pendidikan bagi  peserta didik yang memiliki tingkat kesulitan dalam mengikuti proses pembelajaran karena KELAINAN fisik, emosional, mental, sosial
ayat (2) :      Warga negara yang mempunyai KELAINAN fisik, emosional,              mental, intelektual, dan/atau sosial berhak memperoleh PENDIDIKAN KHUSUS

UU No. 4 tahun 1997 tentang  Penyandang Cacat
Pasal 5
“Setiap penyandang cacat mempunyai hak dan kesempatan yang sama dalam segala aspek kehidupan dan penghidupan”.
Pasal 6
“Setiap penyandang cacat berhak memperoleh :
ayat 1 :   Pendidikan pada semua satuan, jalur, jenis dan jenjang pendidikan.
 
Universal Declaration of Human Rights (1948)
Article 26
Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basic of merit.
Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall futher the activities of the United Nations for the maintenance of peace.
Parent have a prior right to choose the kind of education that shall be given tp their children.

UNGASS
Declaration of Commitment on HIV/AIDS (2001)
Acknowledging that prevention of HIV infection must be the mainstay of the national, regional and international response to the epidemic; and that prevention, care, support and treatment for those intected and affected by HIV/AIDS are mutually reinforcing element of an effective response and must be integrated in a comprehensive approach to combat the epidemic;
Emphasizing the important role of cultural, family, ethical and religious factors in the prevention of the epidemic, and in treatment, care and support, taking into account the particularities of each country as well as the importance of respecting all human rights and fundamental freedoms;
Nothing the importence of estabilishing and strengthening human resources and national health and social infrastructures […];
Recognizing that effective prevention, care and treatment strategies will require behavioural changes and increased availability of and non-discriminatory access to, inter alia, vaccines, condoms, microbisides, lubricants, strerile injecting equipment, drugs including anti-retroviral therapy, diagnostics and related technologies as well as increased research and development;
Affirming the key role played by the familiy in prevention, care, support and treatment of person affected and infected by HIV/AIDS
Affirming that beyond the key role played by communities, strong partnerships among Governments, the united nations system, intergovernmental organizations, people living with HIV/AIDS and vulnerable groups, medical, scientific and educational institutions, non-governmental organizations, the business sector including generic and research-based pharmaceutical companies, trade unions, media, parliamentarians, foundations, cummonity organizations, faith-based organizations and tradisional leaders are important;
Acknowledging the particular role and significant contribution of people living with HIV/AIDS, young people and civil society actors and addressing the problem of HIV/AIDS in all its aspects […];
By 2003 ensure the development and implementation of multisectoral national strategies and financing plans for combating HIV/AIDS that: address the epidemic in fortright terms; confront stigma, silence and denial; address gender and age-based dimentions of the epidemic; eliminate discriminations and marginalizations; involve partnership with civil society and the business sector and the full participations of people living with HIV/AIDS, those in vulnerable groups and people mostly at risk, particularly women women and young people; are resourced to the extent possible from national budgets without excluding other sources, inter alia international cooperation; fully promote and protect all human rights and fundamental freedoms,
By 2005, ensure: that a wide range of prevention programmes which take account of local circumstances, ethics and cultural values, is available in all countries, particularly the most affected countries, including information, education and communication, in languages most understood by communities and respectful of cultures, aimed at reducing rist-taking behaviour and encouraging responsible sexual behaviour, […]
By 2005, develop and make significant progress in inplementing comprehensive care strategies to: strengthen family and community-based care including that provided by the informal sector, and health care systems to provide and monitor treatment to people living with HIV/AIDS, including infected children, and to support individuals, household, families and communities affected by HIV/AIDS; […];
By 2003, enact, strengthen on enforce as appropriate legislation, regulations and other measures to eliminate all forms of discrimination against, and to ensure the full enjoyment of all human rights and fundamental freedoms by people living with HIV/AIDS and members of vulnerable groups; […]
By 2005, implement measures to increase capasities of women and adolecent girls to protect themselves from the risk of HIV infection, principally through the provision of health services, including sexual and reproductive health, and through prevention education that promotes gender equality within a culturally and gender sensitive framework;
By 2003, in orher to complement prevention programmes that address activities which place individuals at risk of HIV infection, such as risky and unsafe sexual behaviour and injecting drug use, have in place in all countries strategies, policies and programmes that identify and begin to address those factors that make individuals particularly vulnerable to HIV infection, […]
By 2003, develop and by 2005 implement national policies and strategies to: build and strengthen governmental, family and community capacities to provide a supportive environment for orphans and girls and boys infected and affected by HIV/AIDS including by providing appropriate counselling and psycho-social support; ensuring their enrolment in school and access to shelter good nutrition, health and social services on an equal basis with other children from all forms abuse, violence, exploitation, discrimination, traffiking and loss of inheritance;
By 2003, develop and begin to implement national strategies that incorporate HIV/AIDS awareness, prevention, care and treatment element into programmes or actions that respond to emergency situations, recognizing that populations destabilized by armed conflict, humanitarian emergencies and naturaldisasters, including refugees, internally displaced persons and in particular, women and children, are at increased risk of exposure to HIV infection; and, where appropriate, factor HIV/AIDS components into international assistance programmes;
Increase and priotize national budgetary allocations for HIV/AIDS programmes as required and ensure that adequate allocations are made by all ministries and other relevant stakeholders;
 
Convention against Discrimination in Education (1960)
Article 1
1. For the purpose of this convention, the term “discrimination” includes any distinction, exclusion, limitation or reference which, being based on race, colour, sex, language, religion, political or other opinion, national or social origin, economic condition or birth, has the purpose or effect of nullifying or impairing equality of treatment in education and particular:
(a) Of depriving any person or group of persons of access to education of any type or at any level;
(b) Of limiting any person or group of persons to education of an inferior standard;
(c) Subject to the provisiona of article 2 of this Convention, of establishing or maintaining separate educational systems or institution for persons or groups of persons; or
(d) Of inflicting on any person or group of persons conditions which are incompatible with the dignity os man. […]

Article 2
When permitted in a State, the following situations shall not be deemed to constitute discrimination, within the meaning of article 1 of this Convention:
1 of this Convention:
(a) The estabilishment or maintenance of separate educational systems or institutions for pupils of the two sexes, if these systems or institutions offer equivalent access to education, provide a teching staff with qualifications of the same standard as well as school premises and equipment of the same quality, and afford the opportunity to take the same or equivalent courses of study;
(b) The estabilishment or maintenance, for religious or linguistic reasons, of separate educational systems or institutions offering an education whisch is in keeping with the wishes of the pupil’s parent or legal guardians, if participation in such systems or attendance at such institutions is optional and if the education provided conforms to such standards as may be laid down or approved by the competent authorities, in particular for education of the same level;
(c) The estabilishment or maintenance of private educational institutions, if the object of the institutions is not to secure the exclusion of any group but to privide educational facilities in addition to those provided by the public authorities, if the institutions are conducted in accordance with the object, and if the education provided confroms with such standard as may be laid down or approved by the competent authorities, in particular for education of the same level.
 Article 3
In order to eliminate and prevent discrimination within the meaning of this Convention, the State Parties thereto undertake:
(a) To abrogate any statutory provisins and any administrative instructions and to discontinue any administrative practices which involve discrimination in education;
(b) To ensure, by legislation where necessary, that there is no discrimination in the admission of pupils to educational institutions;
(c) Not to allow any differences of treatment by the public authorities between nationals, except on the basis of merit or need, in the matter of school fees and the grant of scholarships or other forms of assistance to pupils and necessary permits and facilities for the pursuit of studies in foreign countries;
(d) Not to allow, in any form of assistence granted by the public autorities to educational institutions, any restrictions or preference based solely on the ground that pupils belong to a particular group;
(e) To give foreign nationals resident within their territory the same access to education as that given to their own nationals.

Article 4
The State Parties to this Convention undertake furthermore to formulate, develop and apply a national policy which, by method appropriate to the circunstante and to national usage, will ten to promote equality of opprtunity and of treatment in the matter of education an in particular: 
a.        To make primary education free and compulsory; make secondary education in its different forms generally available and accessible to all on the basis of individual capacity;  assure compliance by all with the obligation to attend school prescribed by law;
b.       To ensure that the standards of education are equivalent in all public  education instution of the same level, and that the conditions relating to the quality of education provided are also equivalent;
c.        To encourage and intensify by appropriate methods the education of persons who have not received any primary education or who have not completed the entire primary education course and the  continuation of their education on the basis of individual capacity;
d.       To provide training for the teaching profession without discrimination.

Article 5
The State Parties to this Convention agree that:
(a) Education shall be directed to the full development of the human personality and to the strengthening of respect for human right and fundamental freedoms; it shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace;
(b) It is essential to respect the liberty of parent and, where applicable, of legal guardians, firstly to choose for their children institutions other than those maintained by the public authorities but conforming to such minimum educational standards as may be laid down or approved by the competent authorities and, secondly, to ensure in a menner consistent with the procedures followed in the State for the application of its legislation, the religious and moral education of the children in conformity with their own convictions; and no person or group of person should be compelled to receive religious instruction inconsistent with his or their convictyion;
(c) It is essential to recognize the right of members of national minorities to carry on their own educational activities, including the maintenance of schools and, depending on the educational policy of each State, the use or the teaching of their own language, […]

World Declaration on Education for All (1990)
Meeting Basic Learning Needs
Every person – child, youth and adult – shall be able to benefit from educational opportunities designed to meet their basic learning needs.
Shaping The Vision
To serve  the basic learning needs of all requires more than a recommitment to basic education as it now exists. What is needed is an “expanded vision” that surpasses present resource levels, institutional structures, curricula, and conventional delivery systems while building on the best in current practices.
Universalising Access And Promoting Equity
Basic education should be provided to all children, youth and adults.
Foccusing On Learning
Whether or not expanded educational opportunities will translate into meaningful development – for an individual or for society – depends ultimately on whether people actally leran as a result of those opportunities, i.e., whether they incorporate useful knowledge, reasoning ability, skills, and values
Broadening The Means And Scope Of Basic Education
Learning begins at birth
          The main delivery system for the basic education of children outside the family is primary schooling.
          The basic learning needs of youth and adults are diverse and should be met through a variety of delivery systems.
          All available instruments and channels of information, communications, and social action could be used to help convery essential knowledge and inform and educate people on social issues.

Enhancing The Environment For Learning
Learning does not take place in isolation. Societies, therefore, must ensure that all learners receive the nutrition, health care, and general physical and emotional support they need in order to participate actively in and benefit from their education.
Strengthening Partnerships
National, regional, and local educational authorities have a unique obligation to provide basic education for all, but they cannot be expected to supply everu human, financial or organizational requirement for this task. New and revitalized partnerships at all levels will be necessary:
Developing A Supportive Policy Context
Suppotive policies in the social, cultural, and economic sectors are required in order to realiza the full provision and utilization of basic education for invidual and societal improvement.
Mobilising Resources
If the basic learning needs of all are to be met through a much broader scope of action than in the past, it will be essential to mobilize existing and new financial and human resources, public private and voluntary.
Strengthening International Solidarity
Meeting basic learning needs constitutes a common and Universal human responsibility. It requires international solidarity and equitable and fair economic relations in order to redress existing economic disparities.


From : Embracing Diversity – UNESCO
Toolkit for Creating Inclusive Learning-Friendly Environment (ILFE);
Booklet 6: Creating a healthy and Protective ILFE
SKILLS-BASED HEALTH EDUCATION TO PREVENT HIV/AIDS
This section describes how skills-based health education can be used to prevent HIV/AIDS and reduce the stigmatization of those effected by the disease. The activities in this section, moreover, can be adapted for use in dealing with other health problems as discussed above.
Education is the key to reducing stigma and promoting greater understanding of HIV/AIDS. Your school is an important setting for educating children about HIV/AIDS, as well as for stopping the further spread of the HIV infection. Success in doing this depends upon how well we reach children and young adults in time to promote positive health behaviours and prevent the behaviours that place young people at risk.
Our crucial responsibility is to teach young people how to avoid either contracting the infection or transmitting it to other, as well as to promote the development of HIV-related schools policies. In this way, we can make important improvement in the quality of health education provided to young people in our schools, and we can take an important step towards improving the health of our communities.
A skill-based approach to HIV/AIDS uses participatory (active) learning techniques to:
          Help individuals evaluate their own level of risk;
          Examine their personal values and beliefs;
          Decide what actions to take to protect themselves and others from HIV; and
          Acquire skills that will help them to carry through on their decisions
Skill-based health education to prevent HIV/AIDS can be linked to other relevant issues already addressed in many of our schools, including pregnancy and reproductive health, population education, family life education, and prevention of substance abuse.
What are some of the ways you can begin a skill-based programme to prevent HIV/AIDS amongst our children? Let’s look at some of these in terms of activities that your schools can do, as well as what you can do with our children

Salamanca Statement and
Framework for Action on Special Needs Education (1994)
Statement
Article 2
We believe and pro claim that :
          Every child has a fundamental right to education, and must be given the opportunity to achieve and maintain and acceptable level of learning,
          Every child has unique characteristics, interests, abilities and learning needs,
          Educations systems should be designed and educational programmes implemented to take into account the wide diversity of these characteristics and needs,
          Those with special educational needs must be access to regular schools which should accommodate them within should a child centred pedagogy capable of meeting these needs,
          Regular schoolss with this inclusive orientation are the most effective means of combating discriminatory attitudes, creating welcoming communities, building in inclusive society and achieving education for all; more over, they provide an effective education to the majority of children and improve the efficiency and ultimately the cost-effectiveness of entire education system.
Article 3
We call upon all governments and urge them to :
          Give the highest policy and budgetary priority to improve their education systems to enable them to include all children regardless of individual differences or difficulties,
          Adopt as a matter of law or policy the principle of inclusive education, enrolling all children in regular schools, unless there are compelling reasons for doing otherwise, develop demonstration projects and encourage exchanges with countries having experience with inclusive schools,
          Establish decentralized and participatory mechanisms for planning, monitoring and evaluating educational provision for children and adults with special education needs,
          Encourage and facilitate the participation of parents, communities and organization of persons with dissabilities in the planning and decision-making processes concerning provision for special educational needs,
          Invest greater effort and early identification and intervention strategies, as well as in vocational aspects of inclusive education,
          Ensure that, in the context of a systemic change, teacher education programmes, both pre-service and in-service, address the provision of special needs education in inclusive schools.

Framework for Action
Article 3
The guiding principle that informs this Framework is that schools should accommodate all children regardless of their physical, intellectual, social, emotional, linguistic or other conditions. This should include disabled and gifted children, street and working children, children from remote or nomadic populations, children from linguistic, ethnic or cultural minorities and children from other disadvantaged or marginalized areas or groups. These conditions create a range of different challenges to school systems. In the context of this Framework, the term special educational needs’ refers to all those children and youth whose needs arise from dissabilities or learning difficulties. Many children wxperience learning difficulties and thus have special educational needs are some time during their schooling. Schools have to find ways of successfully educating all children, including those who have serious disadvantages and disabilities. There is an emerging consensus that children and youth with special educational needs should be included in the educational arrangements made for the majority of children. This has led to the concept of the inclusive school is that of developing a child-centred pedagogy capable of successfully educating all children, including those who have serious disadvantages and disabilities. […]
Article 4
[…] It assumes that human differences are normal and that learning must accordingly be adapted to the needs of the child rather than the child fitted to preordained assumptions regarding the pace and nature of the learning process. A child-centred pedagogy is beneficial to all students and, as a consequence, to society as a whole. […[ it can substantially reduce the drop-out and repetition […], while ensuring higher average levels of achievment. […] Child-centred school are, more over, the training ground for a poeople-oriented society that respects both the differences and the dignity of all human beings.
Article 6
[…] Inclusion and participation are essential to human dignity and to the enjoyment and exercise of human rights. […]

Article 7
The fundamental principle of the inclusive school is that all children should learn together, wherever possible, regardless of any difficulties or differences they may have. Inclusive schools must recognize and respond to the diverse needs of their students, […]

Article 10
[…] Experience, moreover, suggest that inclusive schools, serving all of the children in a community, are most successful in eliciting community support and in finding imaginative and innovative ways of using the limited resources that are available.

Article 18
Educational policies at all levels, from the national to the local, should stipulate that a child with a disabilitiy should attend the neighbourhood school that is, the school that would be attended if the child did not have a disability. […]


“I’ve come to the frightening conclusion that I am the decisive element in the classroom. It’s my personal approach that creates the climate. It’s my daily mood that makes the weather. As a techer, I have e tremendous power to make a child’s life miserable or joyous. I can be a tool of torture or an instrument of inspiration. I can humiliate or honour, hurt or heal. In all situations, it is my response that decides whetther a crisis will be escalated or de-escalated and a child humanised or dehumanised.”
Ginnot

“… we already have enough knowledge to develop schools that can be successful in educating all children. The big questions is, do we have the will to make it happen?”

Mel Ainscow, University of Manchester

 
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