Human rights, educational wrongs and legal protection of the right to education for children with learning disabilities in the age of neuroplasticity

In our increasingly literate world, education is recognised as so fundamental to a person’s flourishing and to their capacity to access rights, freedoms and opportunities in life, that it is regarded as a fundamental human right of all children. Yet, children with learning disabilities face patterns of educational disadvantage (due to the failure to attend to their needs) within most schooling systems. New research in educational neuroscience and neuroplasticity has shed new light on what is at stake when these failures occur; as this research highlights the degree to which educational inputs and stimuli (provided at school) will shape and change a child’s brain structure and function – and thus their developmental trajectory over time. Consequently, much can be gained by analysing questions of educational justice, inclusive education rights, and the legal protection of the right to education, when this is done against the backdrop of a bio-social plasticity model of disability