Since its inception inclusive education in mainstream schools for pupils with Special Educational Needs and Disabilites (SEND) has not been without its challenges. For example, the term Special Educational Needs encompasses a wide range of pupils with varying disabilities who require specialised teaching and specific knowledge on the behalf of educators as to how best optimise their learning experience and educational outcomes. In addition, the landscape which has informed the development of policy changes in Special Education in the 21st Century has changed dramatically. Specifically, these changes have been informed by a Human Rights agenda in the areas of disability, education and health and are supported by the United Nations and World Health Organisation charters. As a result, they have become intrinsically linked to a “rights-based education system” where the individual needs of pupils must be recognised and supported in order to enable them to reach their potential. Consequently, schools are undergoing constant changes in an effort to develop inclusive policies and practices for all pupils. The purpose of this chapter is to review the international policies which have contributed to these changes and examine how schools have addressed the rights of pupils with special and additional needs to access and participate in education. Key Words: Human Rights: Individual Needs: Participation: Inclusive Education