A LEGAL ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON REASONABLE ACCOMMODATION IN INCLUSIVE EDUCATION

Abstract

The article provides a comprehensive theoretical and legal analysis of the concept of reasonable accommodation as a key mechanism for realizing the right to inclusive education in the Republic of Kazakhstan (RK). It examines the international legal foundations and the current national legal framework concerning the education of persons with disabilities. Although Kazakhstan has ratified the United Nations Convention (UN) on the Rights of Persons with Disabilities, existing legislation does not fully regulate the provision of reasonable accommodation in education. Elements of the medical model of disability persist in legal and institutional practices, hindering the implementation of a genuinely inclusive approach. The article distinguishes between «accessibility», which refers to general measures for creating inclusive environments, and «reasonable accommodation», which involves tailored adjustments to meet individual needs. Particular attention is paid to the concept of «undue burden», which remains ambiguously defined and is often used as a justification to deny accommodations. The author argues that the absence of a clearly defined legal right to reasonable accommodation, alongside the lack of effective implementation mechanisms, severely restricts equal access to education for learners with disabilities. Additionally, there is a noted lack of institutional accountability and effective monitoring systems. The article concludes by advocating for the development of a detailed legal framework with clear definitions, implementation procedures, and oversight mechanisms to bring Kazakhstan’s education system in line with international standards of inclusion and human rights.