Problematic Aspects In Applying The Judicial Norms And Their Effectiveness In The Case Of Disabled People. A Case-Study On The Tensions Between Legislators And Professionals Concerning Inclusive Education

At European level, the education of the children with disabilities occurs in a variety of institutions (implemented models include schools and special institutions, integrated schools and /or inclusive schools), and in many countries they operate in two parallel systems - special and inclusive ones. In 2004 the Law nr. 272 concerning the protection and promotion of children rights were adopted, fully adopting the guidelines of the Convention of Children Rights. Concerning children with disabilities, including those with special education needs, the principles which establish their special education are prescribed by the National Education Law. Based on several human rights principles, including the main principles as inclusion, normalization and non-discrimination, the issue of people with disabilities stirs controversy in several areas. The article underline the pivotal importance of conceptual delimitation and principles application, claiming a positive action generated by the need of compensation of disadvantaged people, with a focus on special education for children in order to promote the effective equalization of opportunities, the access and participation in school and social groups. The specialists in special education signalized some issues in certain new legislative changes, in which some of the needed steps of education and inclusion process appear to be "burned", which raises the alarming arise of some dysfunctions generated by the new measures and regulations imposed without rest (or precautious measures), from “top to down”.