The child with disabilities and the right to education. The role of damages

The right to education, recognised at the international, supranational and national levels, is of particular importance to the child and is guaranteed to the child with disabilities, with provisions that ensure respect for his or her condition. Non-implementation or inadequate implementation of this right causes harm to the individual. Civil law traditionally responds to the need for redress with the remedy of compensation. More effective protection of the rights of the child with disabilities, beyond the limits of compensation for damages, can be achieved through inclusion and inclusiveness at school, in the dialogue between law and pedagogy.