The new approach to special needs education and the construction of the inclusive society in Vietnam: Based on the viewpoints of the convention on the rights of persons with disabilities (CRPD)

Abstract. Inclusive education has chosen by Vietnam Government is one of the most popular and dominant educational trends in the modern world. Current status of the implementation of inclusive education with the achievements and challenges of Vietnam shows that some people with disabilities still have not really been matched their rights in reality. Therefore, the approach to the understanding of special education based on true rights perspective recognizes ensures participation of people with disabilities contributing to creating a truly inclusive society for everyone. This article consists of three parts as follows: (1) An overview of historical review including social attitude in Vietnamese people; (2) The verification and consideration of the construction of inclusive society from perspective of the CRPD; (3) The reforming and the development of inclusive of Vietnam. Part (1) and (3) was written by Dinh, and part (3) was written by Kuroda.

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JOURNAL OF SCIENCE OF HNUE DOI: 10.18173/2354-1075.2016-0228 Educational Sci., 2016, Vol. 61, No. 11, pp. 152-159 This paper is available online at THE NEW APPROACH TO SPECIAL NEEDS EDUCATION AND THE CONSTRUCTION OF THE INCLUSIVE SOCIETY IN VIETNAM: BASED ON THE VIEWPOINTS OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD) Dinh Nguyen Trang Thu1, Manabu Kuroda2 1Hanoi National University of Education 2Ritsumeikan University, Kyoto, Japan Abstract. Inclusive education has chosen by Vietnam Government is one of the most popular and dominant educational trends in the modern world. Current status of the implementation of inclusive education with the achievements and challenges of Vietnam shows that some people with disabilities still have not really been matched their rights in reality. Therefore, the approach to the understanding of special education based on true rights perspective recognizes ensures participation of people with disabilities contributing to creating a truly inclusive society for everyone. This article consists of three parts as follows: (1) An overview of historical review including social attitude in Vietnamese people; (2) The verification and consideration of the construction of inclusive society from perspective of the CRPD; (3) The reforming and the development of inclusive of Vietnam. Part (1) and (3) was written by Dinh, and part (3) was written by Kuroda. Keywords: Special needs education, persons with disabilities, rights of persons with disabilities, inclusive society,inclusiveeducation. 1. Introduction Currently inclusive education has become a popular trend of education in the world. In Vietnam, inclusive education has been started since the 90s of the 20th century. The inclusive education has achieved remarkable achievements in the policy system, human resources, quality of education on the child/people with disabilities... [4] [5]. However, the inclusive education in Vietnam still has many challenges, including ensuring the correct and full rights of people with disabilities [1]. The purpose of this article is to describe a new approach to inclusive education, special needs education and the inclusive society in Vietnam, based on the some viewpoints on the Convention on the Rights of Personswith Disabilities (CRPD), as Vietnam government has ratified the CRPD in February 2015. 2. Content Laws and national systems of the education for people with disabilities (PWDs) in Vietnam has been formalized, there is setting on the target of the progress of inclusive education for all Received date: 18/10/2016. Published date: 11/12/2016. Contact: Dinh Nguyen Trang Thu, e-mail: trangthudn@gmail.com 152 The new approach to special needs education and the construction of... children with disabilities. CRPD is seeking the following tasks, it is to build up the society for all, starting from the early detection of disability and early intervention, entering to school and leading independent living and social participation, and seeking to establish school education system for all students and the comprehensive support services after school graduation. The comprehensive support services are intended to include the education, health care, employment, social welfare, culture and sports and the urban planning. Also CRPD is based on the premise that to construct the inclusive society in which each country is not anyone excluded. For the development of inclusive education in Vietnam, it is an important for development both of inclusive education and inclusive society of Vietnam, how to resolve linked both sides. 2.1. From Special Education to Special Needs Education, and Inclusive Education The viewpoint on PWDs has changed gradually from time to time, beginning with the charitable perspective on PWDs, which considers PWDs as disadvantaged people in society, for their suffered physical or spiritual losses prevented them from participating in the activities of society [6]. With such viewpoint, PWDs are often considered more vulnerable than non-disabled people in society. People always feel compassion for PWDs, which make PWDs themselves "lose their abilities" and accept their inferiority, and lead to their self-deprecation and dependence in society. Therefore, there are only few chances for PWDs to be involved in social activities and social inclusion. The thoughts, feelings, capabilities, and potential of PWDs are hardly paid attention or mentioned. This viewpoint was followed by the medical perspective on PWDs, which viewed PWDs with more "scientific" and specific eyes, and provided clearer analysis of the shortage of body structure or mental disabilities of PWDs, yet considered them as patients who need special cares. This means that PWDs always need to be treated something, so they will not have either time or capacity to perform various activities in society, such as learning, playing, and entertaining, etc. To certain extend, PWDs are taken care of in terms of physical health service only while their spirit or quality of life still receive inadequate attention. Therefore, the life of PWDs is still not improved. The sociological perspective can be regarded as the most progressive viewpoint on PWDs. This view showed that difficulties and shortcomings come from not only the disabled themselves but from objective impact of social factors, which sometimes will create "disabilities" and barriers for PWDs as well. This means that if a society can neither accept the attitude of the existence of PWDs, nor have ideas or investments that facilitate participation and inclusion of PWDs (such as public facilities, transport, etc.), it will cause barriers for PWDs and deprive from them the opportunity to participate, to contribute, and to develop. Therefore, only when the defect caused by both subjective and objective reasons is recognized properly, the whole society will consciously develop towards social integration with participation of all people. In the field of special education, educational methods to ensure maximum participation of PWDs also begin from special education methods to integrated education methods and currently transfer towards inclusive education methods. That education for everyone in the inclusive education means no discrimination, ensuring educational opportunity for all people, including the disadvantaged in society such as the poor, orphans, people with disabilities, etc. Therefore, inclusive education guarantees the right to full participation of people with disabilities in society more than special educational or integrated education methods before. Inclusive education is the process of expanding of educational opportunity, to require the accessible for all children, for all people. To date, inclusive education has been mentioned in numerous educational policies of the 153 Dinh Nguyen Trang Thu, Manabu Kuroda countries worldwide. Many international legal instruments have been born as the basis for the development of policies and approaches to inclusive education. All of these legal documents have focused on issues such as: The right to access to education of persons with disabilities, the right to be respected in the educational environment, the right to participation and social inclusion, etc...[5]. In the message from Ms Irina Bokova who is director General UNESCO on International Day of persons with disabilities, disability issues are also mentioned throughout the 2030 Agenda for sustainable development of UNESCO. The organization also has taken the view, "No one is left behind", which emphasizes the construction ensures an inclusive society for everyone. Most recently, the United Nations had ratified the Convention on the Rights of Persons with Disabilities on November 28, 2014 and has been widely recognized around the world, including Vietnam. These results are clear evidences for objective recognition perspective, fairness for people with disabilities and aims to ensure an inclusive society for everyone. 2.2. Construction of Inclusive Society considered from the Perspective of the Convention on the Rights of Persons with Disabilities (CRPD) The CRPD was adopted on December 2006 at the United Nations, and was opened for signature on March 2007 [2] [6]. It is the first comprehensive human rights treaty of the 21st century in the world. The thoughts of CRPD are based on the premise that to build inclusive society in which no one excluded. Also, the new approach of the CRPD is the movement of viewing PWDs as not “objects” of social charity, medical care and social protection but “subjects” with rights, who are claiming of those rights and making decisions for their independent living based on the inclusive society. Vietnam Government ratified the CRPD in February 2015. The explaining more specifically on some contents of the treaty is the follows. This purpose of the CRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all PWDs, and to promote respect for their inherent dignity. And the principles of the CRPD haveeight principles, such as: a. Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of people; b. Non-discrimination; c. Full and effective participation and inclusion in society; d. Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; e. Equality of opportunity; f. Accessibility; g. Equality between men and women; h. Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. And that, one of the important definitions for the purposes and principles of the CRPD is a reasonable accommodation of Article 2, such as [6]; "Reasonable accommodation" means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms; Reasonable accommodation is intended to become the premise of all measures and activities for PWDs, it should be noted also in the provisions of education related to Article 24, 154 The new approach to special needs education and the construction of... such as; 1. States Parties recognize the right of people with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and lifelong learning directed to: 2. In realizing this right, States Parties shall ensure that: People with disabilities are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability; The CRPD has requested to give due consideration and special support for all children with disabilities as the education guarantee, and to educate adapted for special educational needs of children for the ratification of the convention countries. In spite of setting the legal system of inclusive education and special needs education in Vietnam, the school enrollment of children with disabilities is low rate. For the development of inclusive education in Vietnam based on the CRPD, the one side of the quantitative expansion of school enrollment rate increase, and another side of the qualitative improvement of educational practice as to adapt the special educational needs of children with disabilities. The improvement of quality of education and the enhancing of the enrollment rate will be cornerstone of education development in Vietnam. Also, it is an important for development both of inclusive education and inclusive society of Vietnam, along with the purposes and principles of the CRPD, how to resolve linked both sides. The CRPD has given the challenge us, as our society should create to improve every condition for children with special educational needs on reasonable accommodation. It is never a way that children with disabilities should adjust to the society by themselves. The challenge of the society is not the CRPD but it has been emphasized in the International Classification of Functioning, Disability and Health (ICF), 2001 [3]. The ICF is as the functioning and disability of an individual occurs in a context, including a list of environmental factors. ICF is the WHO framework for measuring health and disability at both individual and population levels. The environmental factors have a major impact for people’s lives and health, is an important theme in terms of removing the barriers of society. And one of the five environmental factors is the services, systems and policies, as it is the providing benefits, to structure programs and operations, in various sectors of society, designed to meet the needs of individuals. The system is the administrative control and organizational mechanisms, and is established by governments at the local, regional, national, and international levels, or by other recognized authorities. The comparison of changes in attitudes towards PWDs recognized by the ICFmodel below also reflects the views towards ensuring the PWDs’ right to participate in the social activities - basic steps to perform the rights of PWDs which the United Nations has given above. Figure 1. Model of ICIDH (International Classification of Impairments, Disabilities and Handicaps), 1980. 155 Dinh Nguyen Trang Thu, Manabu Kuroda Figure 2. Model of ICF (International Classification of Functioning, Disability and Health) to change perceptions of people with disabilities, 2001 Also, the construction of the inclusive society is focusing on “Leaving no one left behind” on Transforming Our World: 2030 Agenda for Sustainable Development in United Nations 2015. The Goal on this agenda has set “By 2030, eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including people with disabilities, indigenous people and children in vulnerable situations” (Goal 4.5) and “Build and upgrade education facilities that are children, disability and gender sensitive and provide safe, non-violent, inclusive and effective learning environments for all” (Goal 4.a). Indeed, the building the inclusive society is one of the common important themes on some international conference of UN, European countries of EU in nowadays. It will be emphasized that the construction of the inclusive society including inclusive education is strongly associated with challenge of sustainable development like as “Sustainable Development Goals” (SDGs), and the poverty eradication and inequality eliminated. 2.3. The Issue of Reforming to Inclusive Education of CRPD in Vietnam Since the 1990s, the government of Vietnam has carried out policies and action plans to ensure that children with disabilities have access rights to education and will be educated in inclusive schools. Following general development trends in the world, Vietnam also chooses inclusive education model to be one of popular education model today. To ensure the accessibility of PWDs and implementation of educational activities for them, in legal aspect, Vietnam has launched many legal documents at national level that significantly impacted the education of children with disabilities. Some official documents to be named include: the Education Law in 2005, the Law on PWDs in 2010, the Joint Circular No. 58 in 2012 regulating the establishment and operation of centers supporting the development of inclusive education, the Joint Circular No. 42 in 2013 defining education policy for PWDs, and in particular, Vietnam has ratified the CRPD. In the process of implementing the inclusive education of children with disabilities, Vietnam has achieved several fundamental achievements, such as: (1) The expansion of educational scale for PWDs and the increasing of attending schools of PCWs. In Vietnam, as 156 The new approach to special needs education and the construction of... of the 2012-2013 school year there were about 500,000 children with disabilities were integrated into class [4]. Private elementary level, some provinces have relatively high rates, such as Hanoi city mobilized more than 7,500 students with disabilities in the 2011-2012, Yen Bai province mobilized 692 disabled children from 9 school districts in the 2014-2015 school year, Vinh Long provincemobilized more than 1,000 students with disabilities in the 2014-2015, accounting for 74,5% [5], Tien Giang province has mobilized more than 2,700 children with disabilities of school age in the 2015-2016 school year and so on; (2) The widely promulgated legal documents to support PWDs. Some of legal documents have been presented above shown efficacy as is done in practice; (3) The maintenance and development of training courses improve capacity for teachers of children with disabilities. For example, only in Vinh Long province separately, for 10 years from 2005 to 2015, the provinceorganized 119 training courses and 64 professional seminars related to special education, Ho Chi Minh city of support center for children with disabilities regularly supports training for managers and professional teachers in inclusive schools in 1000-1500 annual local surf staff [5]; (4) The effective management of PCWs in education. Results are shown through the establishment and implement of the committee of management of education for children with disabilities at all levels from the central to local levels. However, besides that, the inclusive education of children with disabilities in Vietnam is facing many challenges, such as: (1) The lack of social and community awareness about children with disabilities and the necessity of education for children with disabilities delays. Specially, the awareness of inclusive education is not complete, the stereotypes about children with disabilities participate in education is still relatively heavy, including in the education managers/staff. Others the education and training establishments reported that only 6% of 10-year provincial plan or plans for inclusive education for 5 years. 47% of local authorities do not have an annual plan for the education of children with disabilities; (2) The weak of the system of professional supporting services, includes professionals group of expert on areas such as diagnostics and assessment, intervention and education, educational therapist, etc.; (3) The limited of both quality and quantity of education. An example of this is the poor and lack of facilities and infrastructure for education of children with disabilities. One of the research results indicates that 36.9% of teachers lack references, 33.9% of schools lack of acreage and infrastructure support activities, 31.5% of schools lack device, etc.; (4) The lack of educational support institutions and centers for PWDs. Until now, Vietnam has still got 32 provinces and cities that do not have centers, special schools for children/students with disabilities; (5) The low of training capacity of teacher for children with disabilities. In the report on Vietnam Inclusive education, policy evaluation has indicated a survey of 167 support staff and teachers working in the system of education services in three provinces found, the rate of teachers are trained in special education only 287.7%, and only 48% of education workers feel confident in working with people with disabilities. Aiming at implementation of CRPD of the United Nations given abov