additional teaching staff or to the detriment of other pupils’ when education can be provided in a special school.37 This has been amplified by the German Federal Constitutional Court, which has held that inclusiveness, the general approach favouring the education of disabled and non-disabled children together in general public schools, does not diminish the need to review the circumstances of each individual case, giving particular weight to the views of the child and his or her parents. The Court has added the need to consider the requirements, including financial, of a specific solution for the educational authorities: The current state of pedagogical research does not indicate that a general exclusion of disabled children from integrated general schools can be constitutionally justified. The education should be integrated, providing special support for disabled pupils if required, so far as the organizational, personal and practical circumstances allow this. This reservation is included as an expression of the need for the State to consider all the needs of the community in carrying out its duties, including the financial and organizational factors.38 Different from the general trend towards a preference for inclusive education, the US Supreme Court has held that disabled children 37 European Commission on Human Rights – Martin Klerks v. the Netherlands, Application No. 25212/94, Decision on admissibility of 4 July 1995, Decisions & Reports, vol. 82, 1994, p. 129. 38 Federal Constitutional Court of Germany – Decision of 8 October 1997, 1 BvR 9/97. should be provided with education which enables them to benefit educationally and meets general educational standards, not specifying how this should be accomplished. The Court has said, however, that for children with disabilities within compulsory school age education should be free.39 Similarly, Dutch courts have held that the state’s reduction of funding for education of children with special needs, in the form of halting the growth of the number of teachers regardless of increasing numbers of students, constituted a human rights violation.40 These affirmations of the governmental obligation to ensure that funding is available represent a valuable example of the need to apply human rights correctives to resource allocation. 4.2 Working children Adaptability of education has been vividly depicted in the alteration between getting children into school and getting education to where the children are. For children who are deprived of their liberty, education ought to be provided where they are and this is unlikely to happen unless children have the right to education. Similarly, many working children cannot attend school and so education has to be provided where they are. The International Labour Organization laid down the link between the age for completion of compulsory education and the minimum age for employment in 1921, when ILO Convention 39 US Supreme Court – Hendrick Hudson District Board of Education v. Rowley, 458 U.S. 176, 28 June 1982. 40 Raad van State – Kemper v. City of Leiden, Judgment of 10 May 1989; Tribunal of ‘s Gravenhage – City of Leiden v. the Netherlands, Judgment of 26 July 1989. Right to Education Primers No. 3 33