THE BASIC EDUCATION ACT OF 2013 AS A TOOL FOR ADVANCING EARLY CHILDHOOD DEVELOPMENT AND EDUCATION FOR CHILDREN WITH DISABILITIES IN KENYA

Abstract

The focus of this article is access to early childhood development and education (ECDE) by children with disabilities in Kenya. In general, ECDE has received minimal protection, if any, under international human rights law, including in the UN Convention on the Rights of Persons with Disabilities. The article argues that despite the gap in the international human rights framework on the rights of children with disabilities to access ECDE, domestically the Basic Education Act of 2013 provides an enabling framework to safeguard this right. To this end, the article argues that equality and non-discrimination, which underlie basic education law, provide a stronghold for advocating and implementing ECDE for children with disabilities in Kenya.