The Supreme Court judgment in the Sinnott case "places absolutely no obstacle in the way of appropriate legislation" for the education of people with disabilities, a law professor has told a human rights conference.
Prof Gerard Quinn, of NUI Galway, said: "The perverse beauty of conservative decision is that it delegalises an issue and creates political space for the politicisation of an issue."
Speaking at the Department of Foreign Affairs Fourth Annual Non-Governmental Organisation (NGO) Forum on Human Rights, Prof Quinn said: "Many will say the existing legislation is satisfactory. I have my doubts. I strongly believe that some form of civil rights statute for children and adults with disabilities is needed in the education sector."
The Minister of State for Labour, Trade and Consumer Affairs, Mr Tom Kitt, said: "I want to make it clear that the State fully accepts that it must make full and appropriate provision for both the education and care of people with disabilities.
"The State also recognises that provision for children in the past was not adequate. My colleague, Minister for Education Dr Woods, has acknowledged that it will take more time to make up for the neglect and misunderstandings of the past," Mr Kitt said.
"I can assure you that this Government will work to develop further the best models for response for adults with autism across the full spectrum of needs in health and education," he said.
Prof Quinn said a proposal to craft a "legally-binding UN convention on the rights of people with disabilities" was "gathering much support internationally". It was supported by the Department of Foreign Affairs and by the Irish mission to the UN in Geneva.
"Since 1996, Ireland has been the main sponsor of that resolution," said Prof Quinn.
He said NGOs were "only now beginning to understand that human rights is highly relevant in the context of disability". And disability activists were "only now beginning to frame their burning sense of injustice into the language of rights and the violation of rights".