Revista
de la
Universidad
del Zulia
Fundada en 1947
por el Dr. Jesús Enrique Lossada
NÚMERO ESPECIAL
DEPÓSITO LEGAL ZU2020000153
Esta publicación científica en formato digital
es continuidad de la revista impresa
ISSN 0041-8811
E-ISSN 2665-0428
Ciencias
de la
Educación
Año 12 N° 35
Noviembre - 2021
Tercera Época
Maracaibo-Venezuela
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Barriers of people with disabilities in exercising constitutional
right to higher education
Viktoriia Chorna *
Anja Broda **
Dmytro Golosnichenko ***
Olena Grushchenko ****
Maryna Sadchenko *****
ABSTRACT
Given that the disability of population, unfortunately, has negative dynamics to increase its
number, it is increasingly attracting equal and free access to education for all categories of
population, especially people with special needs. That is why the need to identify the problems
faced by people with disabilities in exercising their constitutional right to higher education is
becoming urgent. The methodological basis for writing this article is a system of general and
special methods of scientific knowledge. The authors focus on the existing barriers to higher
education for people with disabilities. It is stated that the legislation of Ukraine, which regulates
the research issue, contains legal gaps and conflicts that complicate the opportunities for people
with disabilities to obtain higher education. It is noted that higher education institutions need
to pay more attention to the material and technical equipment of the educational process, which
will increase the number of people with disabilities to obtain higher education. Also, the problem
of psychological adaptation and socialization of people with disabilities in higher education is
particularly acute. Of particular relevance is the need to identify the problems faced by people
with disabilities in exercising their constitutional right to higher education that is becoming
urgent.
KEYWORDS: Access to education; disabled people; educational policy; educational legislation;
rights of the disabled; right to education.
* Associate Professor of the Administrative Law and Process Department, State Higher Educational
Institution "Kyiv National Economic University named after Vadym Hetman", Kyiv, Ukraine. ORCID:
https://orcid.org/0000-0002-6072-0283. Corresponding author: E-mail: chornaviktoriia@i.ua
** Associate Professor of the Law and Humanities Department, Vinnytsya Educational and Scientific
Institute, Western Ukrainian National University, Vinnytsia, Ukraine. ORCID: https://orcid.org/0000-0003-
2564-6521. E-mail: anexbroda@i.ua
*** Associate Professor, Professor of the Department of Economic and Administrative Law, National
Technical University of Ukraine "Igor Sikorsky Kyiv Polytechnic Institute", Kyiv, Ukraine. ORCID:
https://orcid.org/0000-0003-2299-562X. E-mail: golosnichenkodmytro@i.ua
**** Associate Professor at the Economic Security and Financial Investigations Department, National
Academy of Internal Affairs, Kyiv, Ukraine. ORCID: https://orcid.org/0000-0001-8167-0214. E-mail:
elenagrushhenko@i.net
***** Associate Professor at the Economic Security and Financial Investigations Department, National
Academy of Internal Affairs, Kyiv, Ukraine. ORCID: https://orcid.org/0000-0002-3148-4744. E-mail:
sadchenkomar@i.ua
Recibido: 02/08/2021 Aceptado: 04/10/2021
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Barreras de las personas con discapacidad en el ejercicio del
derecho constitucional a la educación universitaria
RESUMEN
Dado que la discapacidad de la población, lamentablemente, va aumentando en su número,
está atrayendo cada vez más el acceso igualitario y gratuito a la educación para todas las
categorías de población, especialmente las personas con necesidades especiales. Es por ello
que se hace urgente la necesidad de identificar los problemas que enfrentan las personas con
discapacidad en el ejercicio de su derecho constitucional a la educación universitaria. La base
metodológica para la redacción de este artículo es un sistema de métodos generales y
especiales de conocimiento científico. Los autores se centran en las barreras existentes para
la educación universitaria para personas con discapacidad. Se afirma que la legislación de
Ucrania, que regula el tema de la investigación, contiene lagunas y conflictos legales que
complican las oportunidades de las personas con discapacidad para obtener una educación
superior. Se observa que las instituciones de educación superior deben prestar más atención
al equipamiento material y técnico del proceso educativo, lo que aumentará el número de
personas con discapacidad para acceder a la educación universitaria. Además, es
particularmente grave el problema de la adaptación psicológica y la socialización de las
personas con discapacidad en la educación universitaria. Es de especial relevancia la
necesidad de identificar los problemas a los que se enfrentan las personas con discapacidad
en el ejercicio de su derecho constitucional a la educación universitaria.
PALABRAS CLAVE: Acceso a la educación; personas discapacitadas; política educativa;
legislación educativa; derechos de los discapacitados; derecho a la educación.
Introduction
Along with the general directions of educational policy in Ukraine, which correspond
to the European integration course, there are problems and contradictions in their
implementation. These problems are both public and partial. However, it should be noted
that the analysis of the works of scientists who studied the issues of educational policy
outside Ukraine leads to the idea that each state faces problems with the implementation of
educational ideology and strategy. These issues are universal and vary by region, state, and
specific locality (Bakalinska et al., 2020).
One of the constitutional rights of a man and a citizen is the right for education. At
the same time, it is not allowed to restrict this right on the grounds of disability. It should be
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noted that citizens with disabilities are among all segments of population of any society.
These are people with health problems such as lesions of musculoskeletal system and central
and peripheral nervous system; mental illness and mental retardation; lesions of organs of
hearing and vision; lesions of internal organs; cancer. The number of people with special
needs is constantly growing, although the causes and consequences of disability may be
different: due to different socio-economic circumstances, and different degrees of state
welfare of their citizens. Today we can talk about global nature of the problem of disability -
worldwide, some opportunities are limited by about one from ten people (650 million
people), of which almost 470 million people are of working age (Kravchenko, 2010). In
Ukraine as of January 01, 2020, there are 2.7 million people with disabilities, including 222.3
thousand people with disability group I, 900.8 thousand people with disability group II,
1416.0 thousand people with disability group III and 163.9 thousand children with disabilities
(Kravchenko, 2010).
It should be noted that today in Ukraine in the system of higher education institutions
persons with: Group I disability do not receive higher education at all (such persons are
incapable of learning); II group of disability (ability to study only in special educational
institutions or under special programs at home) in 2020, about 60 such persons were
recorded; Group III disability is the largest group of students who are able to study in general
educational institutions in compliance with a special regime of the educational process and
(or) with the use of aids, with the help of other persons (except teaching staff) - as of the end
of 2020 There were about 300 of them in the whole of Ukraine in 2020, they are present in
almost all higher educational institutions of Ukraine.
Thus, the purpose of the article is to identify the problems faced by people with
disabilities in exercising their constitutional right to higher education is becoming urgent.
1. Literature Review
Some aspects of the problem of access of persons with disabilities to higher education
were partially studied by Kravchenko M.V. «Actual problems of social protection of the
disabled in Ukraine» (2010); issues of socialization of students with disabilities were the
subject of research by Madhuri T. Sathe, Amol C. Adamuthe «Comparative Study of
Supervised Algorithms for Prediction of Students» (2021); Arifur Rahaman, Sabrina Tasnim,
Md Sohag Hossain Majumdar, Emam Hossen, Md Rafiqul Islam «A Comprehensive Study on
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Excessive Mobile Phone Use and Preventive Measures» (2020) and Zoran Kotevski, Ivana
Tasevska Evaluating the Potentials of Educational Systems to Advance Implementing
Multimedia (2017); problems of social adaptation of people with disabilities in higher
education were the subject of research V.S. Tserklevych «Implementation of the right to
higher education for young people with disabilities in foreign practice» (2009) and I.L. Bulyk
«Administrative and legal support of the right to education of the disabled» (2012).
2. Methods
The methodological basis for writing this article is a system of general and special
methods of scientific knowledge. Using the structural-functional method, the procedure for
admission of persons with special needs to higher education institutions was studied; the
comparative legal method made it possible to determine the need for the use of modern
mobile IT technologies in the inclusion of people with disabilities in the learning process in
higher education; the method of analysis was used in the process of determining the content
and features of obtaining higher education for persons with disabilities; using the statistical
method and analysis, analytical data on the number of people with disabilities included in
the educational process are presented.
3. Results and Discussion
3.1. Legislative provision of the right of persons with disabilities for higher
education
At the international level the countries-members of the Convention on the Rights of
Persons with Disabilities have agreed that the countries-members recognize the right of
persons with disabilities for education. For the purposes of realization of this right, without
discrimination and on the basis of equal opportunities, the countries-members shall ensure
inclusive education at all levels and lifelong learning, seeking to: (a) full development of
human potential, as well as a sense of dignity and self-respect, and strengthening of respect
for human rights, fundamental freedoms and human diversity; (b) develop the personality,
talents and creativity of persons with disabilities, as well as their mental and physical
abilities to the fullest extent; c) enable persons with disabilities to take an active part in the
life of a free society (UN, 2006).
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In exercising this right, the countries-members shall ensure that: (a) Persons with
disabilities were not excluded from the general educational system due to their disability,
and children with disabilities were not excluded from the system of free and compulsory
primary or secondary education; (b) Persons with disabilities have equal access to inclusive,
quality and free primary and secondary education at their places of residence; (c) reasonable
accommodation must be provided to take account of individual needs; (d) Persons with
disabilities receive the necessary support within the general educational system to facilitate
their effective learning; e) in conditions that best contribute to the acquisition of knowledge
and social development, in accordance with the purpose of full coverage, effective measures
must be taken to organize individualized support (UN, 2006).
The countries-members shall provide persons with disabilities with the opportunity
to acquire life and social skills in order to facilitate their full and equal participation in
education and as members of the local community. The countries-members shall take
appropriate measures in this regard, in particular: (a) promote the acquisition of Braille
alphabet, alternative fonts, amplification and alternative methods, communication methods
and formats, as well as orientation and mobility skills, and promote peer support and
mentoring; b) promote the acquisition of sign language and the promotion of the linguistic
identity of the deaf; (c) Ensure that the education of persons, in particular children who are
blind, deaf or deafblind, is carried out in the most appropriate languages, methods and means
of communication for the person with disability and in an environment conducive to
acquisition of knowledge and social development. To facilitate the realization of this right,
the countries-members shall take appropriate measures to involve teachers, including
teachers with disabilities, who speak sign language and / or Braille alphabet, and to train
professionals and staff working at all levels of the education system. Such training covers
disability education and the use of appropriate amplification and alternative methods, ways
and formats of communication, teaching methods and materials to provide support to
persons with disabilities. The countries-members shall ensure that persons with disabilities
have access to general higher education, vocational training, adult education and lifelong
learning without discrimination and on an equal basis with others. To this end, the
countries-members shall ensure reasonable accommodation for persons with disabilities
(UN, 2006).
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National legislation stipulates that a person with special educational needs is a person
with disability who needs additional support to ensure higher education.
The Law of Ukraine “On Higher Education” stipulates that special units may function
in the structure of higher educational institutions, which take care of persons with
disabilities in the process of providing them with educational needs. However, with the
growing number of people with disabilities among the young population, the problem of
obtaining higher education and, accordingly, the state guaranteeing of the right of people
with disabilities for education is becoming more and more important. Therefore, we believe
the availability of these units should not be a right or alternative choice, but a duty of higher
educational institution, and this obligation should be fixed to one of the criteria for licensing
higher educational institution or accreditation of relevant educational programs.
It should also be noted that Section V "Quality Assurance in Higher Education" does
not provide the necessary conditions for implementation of quality of higher education
specifically for people with special educational needs and disabilities, including training of
qualified professionals to work at inclusive educational institutions.
Art. 49 of the Law of Ukraine "On Higher Education" stipulates that a person has the
right to obtain higher education in various forms or a combination of them. The main forms
of higher education are: institutional (full-time (day, evening), correspondence, distance,
network); dual.
Given the special needs of people with disabilities, we consider it possible to
introduce a third form of education for people with disabilities - inclusive education.
Art. 22 of the Law of Ukraine "On Fundamentals of Social Protection of Persons with
Disabilities in Ukraine" establishes the guarantees for persons with disabilities to exercise
the right for education by delegating to higher educational institutions the obligation
to create necessary conditions for appropriate education.
Admission to higher educational institutions for persons with disabilities is carried
out on a competitive basis in accordance with the Conditions of Admission to Higher and
Professional Higher Educational Institutions approved by the Ministry of Education and
Science of Ukraine. Special conditions for obtaining higher education by state order and at
the expense of targeted preferential state orders are provided: - persons with disabilities who
are unable to attend school (upon recommendation of health and social protection
authorities); - persons who have diseases listed in the List of diseases and pathological
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conditions that may be an obstacle to the external independent assessment; -persons with
disabilities of the I, II groups and children with disabilities under the age of 18, who are not
contraindicated to study in the chosen major (VRU, 1991, Art. 22).
The Law of Ukraine “On Rehabilitation of Persons with Disabilities in Ukraine”
clearly defines the obligation of the state to provide free vocational education and related
services, in accordance with the individual rehabilitation program for persons with
disabilities. Persons with disabilities, children with disabilities, with severe disabilities, who
need special conditions for vocational education, may, if they wish, study at special
educational institutions or t general educational institutions, where appropriate conditions
are created in accordance with state social standards, and in case of need - according to
training programs adapted for training of persons in need of correction of physical and / or
mental development. In case of impossibility to carry out vocational education of persons
with disabilities, children with disabilities at general and special educational institutions,
their education is organized (with their consent or with the consent of their legal
representatives) at home according to individual curricula, if this form is allowed by
vocational training (VRU, 2005).
The procedure for admission of persons with special needs to higher educational
institutions is defined more particularly in the order of the Ministry of Education and Science
of Ukraine "On approval of the Conditions of admission to higher educational institutions in
2021, October 15, 2020, No. 1274. In particular, persons with disabilities due to war in
accordance with Article 7 of the Law of Ukraine "On status of war veterans, guarantees of
their social protection" (including on the basis of the educational and qualification level of a
junior specialist); persons who, by the Law of Ukraine “On Status and Social Protection of
Citizens Affected by Chornobyl Accident”, have been granted the right to be admitted to
state higher educational institutions without examinations based on the results of an
interview; Persons with disabilities who are unable to attend an educational institution
(upon recommendation of health and social protection bodies) - pass the entrance exams in
the form of an interview and in case of a positive conclusion about the interview are
recommended for enrolment in higher educational institution on the basis of complete
general secondary education (MESU, 2020).
In addition, persons with disabilities of the groups I, II and children with disabilities
under the age of 18, who are not contraindicated to study in the chosen major; persons with
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disabilities from among the participants in the liquidation of the consequences of Chornobyl
accident and victims of Chornobyl disaster, in respect of which a causal link of disability
with Chornobyl disaster, Chornobyl catastrophe radiation sickness (category 1),
(compulsory) resettlement from the moment of the accident until the adoption of the
resolution on resettlement (category 2); children of persons recognized as victims of the
Revolution of Dignity, participants of hostilities, persons with disabilities as a result of the
war in accordance with the Law of Ukraine "On status of war veterans, guarantees of their
social protection"; miners who have at least three years of underground work experience, as
well as within three years after completing general secondary education, persons whose
parents are miners and have at least 15 years of underground work experience or who have
died as a result of an accident at work or become persons with disability of the I or II
group, - can be transferred to vacant places by state or regional order in the manner provided
by these Conditions if they are enrolled on training on other sources of financing by open or
fixed competitive offer and did not receive the recommendation for places of state or regional
order (MESU, 2020).
3.2. Practical component
Creation of new information technologies led to the emergence of innovative forms of
employment. Simultaneously, the modern state of economy is in contradiction with legal
regulation of work, since the effective labour legislation of Ukraine practically does not
reflect new forms of population employment (Vyshnovetska et al., 2018). It should be noted
that KROK University is implementing the innovative project "Distance Education for
People with Disabilities", which aims to expand opportunities for higher education for
people with special educational needs. The project is designed to provide opportunities for
remote access to people with reduced mobility and special educational needs. KROK
University provides distance learning for students to receive a bachelor's and master's degree.
First of all, this project is aimed at removing geographical, economic and psychological
barriers for higher education, expanding its accessibility. KROK University provides the
following opportunities for students with disabilities of distance learning: support of
persons with disabilities during the study period, which provides a prompt response of the
support service to the emergence of any student-related issues; flexible payment system,
assistance in drawing up the necessary documents for submission to the local / regional
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branch of the Fund for Social Protection of the Disabled of Ukraine in order to reimburse the
cost of training for persons with disability (KROK, 2020).
The educational process takes place: by means of modern information and
communication technologies; according to an individual schedule; at a convenient time for
students; in a convenient place (there is no need to visit the University for lectures and
practical classes).
Another example is the introduction of Academy of Labour, Social Affairs and Tourism
(Kyiv) under the project "Believe in yourself", an opportunity for people with disabilities to
receive higher education in "Social Work" at the expense of the Fund of Social Protection of
Disabled Persons in the following areas: social -psychological counselling (bachelor's,
master's degree); social prevention and rehabilitation (bachelor's degree); social project
management (bachelor's degree); social project management (master's degree); mediation
and conflict management (master's degree). In 2020, this opportunity was offered for the
fifth time! Over the years of the project, more than 100 people with disabilities from different
parts of Ukraine have become students and study for free, and some have already successfully
completed their studies and received the coveted state diplomas. Full-time and part-time
education is available (Huliayeva, 2020).
Such employees are able to work as: specialists at state and local government on social
issues; specialists of state social services, social and psychological services of secondary and
higher educational institutions; inspectors of employment and employment centres,
specialists of personnel agencies; specialists of centres of social prevention, social
rehabilitation, social services; specialists in mediation and conciliation services, mediation
centres and legal campaigns; project managers and heads of public organizations working in
the field of social protection; experts and consultants on social policy issues of political
parties and trade unions; personnel managers, psychologists and consultants on social issues
at enterprises, trainers, inspectors of personnel departments of public and private
enterprises; trainers of consulting companies, employees of research institutes, research
centres, teachers of higher educational institutions (Huliayeva, 2020).
3.3. International practice of using mobile forms of education for people with
disabilities
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The European researchers pay attention to the need to introduce IT-technologies in
teaching and implementing distance learning for people with special abilities. They argue
that higher education applicants with special needs should apply algorithms so
called "machine learning", which subspecies are controlled, uncontrolled and auxiliary
training (Madhuri & Amol, 2021; Kotevski & Tasevska, 2017).
Thus, we agree that in order to optimize the process of obtaining higher education for
people with special needs, it is no doubt that video communication, multimedia technologies,
etc. must be introduced to promote further development of globalization processes, which
will help to improve the learning process.
However, despite the promising possibilities of using IT-technologies, mobile
communications, yet there are thoughts about harm from use of these modern technologies
due to their impact on proper functioning of biological systems of the human body and their
lead to some serious diseases such as: heart disease, headache, impaired concentration and
memory, as well as fatigue, brain cancer, brain tumour, Alzheimer's disease, Parkinson's
disease, hormonal disorders, sleep disorders, cognitive impairment, behaviour, attention and
long-term consequences (damage of DNA, male infertility) (Rahaman et al., 2020, 33).
Additionally, training of persons with disabilities in international practices is
identified with so-called "mobile learning". Mobile learning is one of the major revolutions
taking place around us that requires a change in the philosophy of learning. This is seen as
the third wave of learning, where both traditional learning and e-learning are seen as the first
and the second respectively. In order to explore the possibilities of the learning environment,
we must reject and get some basic ideas, such as attention, rhythm, learning style for these
new dimensions of learning (Mohaimen et. al., 2021, 34).
3.4. Steps to improve the process of higher education for persons with disabilities
Viktoriia Tserklevych (2009, 67) notes that the best way to solve the problem of
the need for integrated / inclusive education is: choice of form of education (full-time, part-
time, distance); presence of socio-psychological and socio-pedagogical support in the
learning process; selection of teaching methods and technologies; availability of
rehabilitation services; individualized approach and measures for integration into a group of
classmates; availability of barrier-free architecture and technical support of the learning
process; assistance in subsequent employment in the chosen major. These components in
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general, the level of their implementation at a particular educational institution are an
indicator of access to education for students with disabilities.
Iryna Bulyk (2012, 83) emphasizes that in modern conditions it is necessary to create
conditions that would allow to acquire a profession for people with disabilities. First of all,
it is necessary to develop: analysis of medical indications and contraindications to study at
vocational schools; to provide priority funding for research and scientific and methodological
developments aimed at stopping depopulation processes in Ukraine and preventing
disability; search for new approaches and technologies in solving the problem of
comprehensive social rehabilitation of people with special needs, their education and
professional training; to coordinate activities on employment of disabled people with local
executive bodies, to ensure differentiated reservation of jobs for disabled graduates of
educational institutions; to ensure the release of special scientific, methodological,
informational literature on legal, socio-economic issues, vocational guidance, reorientation,
psychological support, audiovisual teaching aids, textbooks for vocational rehabilitation of
the disabled; to ensure the purchase of PCs, professional materials, legal documents,
literature on psychological issues for offices for vocational guidance and psychological
support for the disabled at vocational schools; to ensure the elimination of natural,
communication and architectural obstacles that impede free movement of persons with
disabilities in the premises where training is carried out in accordance with the Law of
Ukraine "On basis of social protection of persons with disabilities in Ukraine"; to develop a
list of integrated professions for training of disabled people at vocational schools in majors
that are in demand in the labour market.
There are contradictions in the content of Art. 45 and Art. 70. For example, the Art. 45
“External independent evaluation” states that “the state provides entrants with special
educational needs with equal access to external independent evaluation at the place of
residence (stay) of such persons. Buildings, structures and premises, where external
independent evaluation is carried out must meet the requirements of accessibility in
accordance with state construction norms and standards." As you can see, the article does
not specify the accessibility of buildings and premises for people with special needs and
disabilities. In paragraph 2 of Art. 70 "Material and technical base and legal regime of
property of higher educational institutions" it is stated that "buildings, structures and
premises of higher educational institutions must meet the requirements of accessibility in
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accordance with state building codes and standards. If the relevant facilities cannot be fully
adapted to the needs of persons with special educational needs, their reasonable adaptation
shall be carried out taking into account the universal design. The design, construction and
reconstruction of buildings, structures and premises of higher educational institutions are
carried out taking into account the needs of persons with special educational needs". This
discrepancy between the articles of the Law indicates the imperfection and inconsistency of
the provisions of this Law and the need to refine it for equal access of persons with disabilities
to qualitative higher education both at the stage of admission to higher educational
institution and at the stage of receiving higher education (Malysheva, 2015, 32).
An important obstacle to obtaining special educational services for people with
disabilities is the difficulty in obtaining a medical opinion and, accordingly, presenting it as
a factual basis, which provides a person with guarantees of preferential education at higher
educational institution (Pyvovar et. al., 2019; Kuzmenko et. al., 2018).
Conclusion
Based on the study, in our opinion, solving the problem of barriers in people with
disabilities in higher education in higher education is possible by implementing the following
steps:
1. Enshrining at the legislative level the provisions that oblige higher education
institutions to organize the educational process so that the education of persons with special
educational needs is carried out according to special educational programs using special
educational literature and teaching aids;
2. Creation of special educational and rehabilitation subdivisions in the structure of
higher educational institutions;
3. Organization of advanced training courses among the scientific and pedagogical
staff to acquire special skills of presenting educational material to students from among
persons with disabilities;
4. Introduction of a variable approach and special equipment of classrooms with free
access to them for people with special needs;
5. Introduction of an effective state concept of inclusive education at the national level;
6. Development and adoption of long-term development programs to meet the special
educational needs of persons with disabilities;
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7. An effective information policy to promote inclusion in order to create the necessary
conditions for changing negative stereotypes and attitudes towards people with disabilities
in Ukrainian society based on the achievement of social solidarity and social justice.
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