Right to education for children with disabilities and protection instruments. The Individualized Educational Plan

Abstract

Everyone is guaranteed the right to education and it takes specific contours with regard to disabled children. When we speak of disability, we are referring to conditions of vulnerability that require the legal system to consider suitable instruments and safeguards for the person. Precisely in order to guarantee the right of education to disabled minors in compliance with the principle of equality, Italian legal experience knows the Individualized Educational Plan. In this paper we briefly analyse this institute trying to account for the current evol-ution within the system, finally focusing on the remedies outlined by the law. In this sense, the issues related to the division of jurisdiction and the role of the action for compensation of the damage are mentioned.