HIGHER EDUCATION AND EDUCATIONAL INCLUSION OF PERSONS WITH DISABILITIES: PERSPECTIVES ON THE GUARANTEE OF RIGHTS IN INTERNATIONAL NORMS

Abstract

This study analyzes the guarantees of the right to education in higher education for persons with disabilities from the perspective of international human rights norms. Historically, access to this level of education has been marked by complex barriers and structural ableism which, supported by an exclusionary biomedical perspective, demands a meritocratic standard of performance and blames the individual for adaptation difficulties. To understand, within this scenario, how international human rights norms shape the conception of access to higher education for persons with disabilities and the perspective of guaranteeing the right to education in this educational level, qualitative documentary research was developed, involving a content analysis of seven fundamental international regulatory frameworks. The results highlight a paradigmatic shift from a biomedical and meritocratic view toward a biopsychosocial and human rights model grounded in dignity and equity. The analyzed documents, which hold high legislative relevance and interpretive authority in Brazil, reinforce that full access must concurrently encompass the dimensions of availability, accessibility, acceptability, adaptability, and accountability. This demands the implementation of actions to counter structural and institutional ableism and to minimize access difficulties arising from social, attitudinal, and pedagogical barriers. Consequently, it is necessary to move beyond mere superficial and segregating integration toward true educational inclusion, requiring flexibility and adaptation to student diversity. The study concludes by elaborating a legal-theoretical-ethical framework, asserting that the guarantee of rights in higher education transcends enrollment, requiring the elimination of institutional locks to ensure retention, learning, and full participation, aligning with the global principle of leaving no human being behind.