Autism Europe gathered and analyzed examples of case law on the right to education of persons with autism spectrum disorders (ASD) .The right to education and the organisation of education of people with autism and severe disabilities are regulated by national legislation.

In practice, children with autism and severe disabilities do not always enjoy positive discrimination, in terms of the adequate or appropriate support they are entitled to, in order to access effective education. As a consequence, the full development of their personality and the possibility to lead a dignified life to the best of their potential in society is impeded. In these cases, parents or advocates can appeal to a court of law in order to have their right to education recognized and implemented.

In collaboration with Evelyne Friedel, attorney working for the international law firm, Autism Europe has gathered and analysed examples of case law upholding the Right to Education of children with disabilities in several European countries, namely France, Germany, Italy, Poland and the United Kingdom. Autism Europe also analysed the case law rendered by the Council of Europe and more particularly, the conclusions rendered by the European Committee of Social Rights in its decision of 4 November 2003, since this decision represents a landmark decision which can be presented before national courts.

The development of case law still remains an important source of law. A statement of law made by a judge in a case can become binding on later judges and can in this way become the law for everyone to follow. Recourse to appeal processes in the case of non-enactment of fundamental rights is therefore essential in order to defend these rights and ensure that inclusive intentions are translated into reality.