Promoting the Rights of Children with Disabilities, UNICEF
Promoting the Rights of Children with Disabilities, UNICEF
Promoting the Rights of Children with Disabilities, UNICEF
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The Convention reflects a ’paradigm shift’ in attitudesand approaches to persons <strong>with</strong> disabilities, in <strong>the</strong>direction <strong>of</strong> <strong>the</strong> social model <strong>of</strong> disability describedabove. It represents <strong>the</strong> culmination <strong>of</strong> <strong>the</strong> processinitiated over two decades ago by <strong>the</strong> United Nations<strong>of</strong> moving from <strong>the</strong> treatment <strong>of</strong> persons <strong>with</strong> disabilitiesas ’objects’ <strong>of</strong> charity, medical treatment andsocial protection towards viewing persons <strong>with</strong> disabilitiesas ’subjects’ <strong>with</strong> rights who are capable <strong>of</strong>claiming those rights and making decisions for <strong>the</strong>irlives based on <strong>the</strong>ir free and informed consent, aswell as being active members <strong>of</strong> society.The General Principles <strong>of</strong> <strong>the</strong> Convention (article 3)are fundamental to all articles <strong>of</strong> <strong>the</strong> Convention andto its implementation by member States. They are asfollows:Respect for <strong>the</strong> inherent dignity, individual auton-omy including <strong>the</strong> freedom to make one’s ownchoices, and independence <strong>of</strong> persons.Non-discrimination.Full and effective participation and inclusion insociety.Respect for difference <strong>of</strong> persons <strong>with</strong> disabili-ties as part <strong>of</strong> human diversity and humanity.Equality <strong>of</strong> opportunity.Accessibility.Equality between men and women.Respect for <strong>the</strong> evolving capacities <strong>of</strong> children<strong>with</strong> disabilities and respect for <strong>the</strong> right <strong>of</strong> children<strong>with</strong> disabilities to preserve <strong>the</strong>ir identities.a)b)c)d)e)f)g)h)All <strong>of</strong> <strong>the</strong> provisions in <strong>the</strong> Convention apply to children<strong>with</strong> disabilities as well as to adults. In recognition<strong>of</strong> children’s specific situation, however, severalarticles make explicit reference to <strong>the</strong>ir rights. The preamblerecognizes that children <strong>with</strong> disabilities havefull enjoyment <strong>of</strong> all human rights on an equal basis<strong>with</strong> o<strong>the</strong>rs. The general principles include respect for<strong>the</strong> evolving capacities <strong>of</strong> <strong>the</strong> child and children’s rightto preserve <strong>the</strong>ir identity. The general obligation requiresthat children <strong>with</strong> disabilities must be consultedwhen States parties are developing and implementinglegislation and policies. Several o<strong>the</strong>r articles specificallyaddress <strong>the</strong> rights <strong>of</strong> children <strong>with</strong> disabilities,including <strong>the</strong>ir right to participation, information, education,family life and freedom from violence.Three articles in particular – articles 7, 24 and 32 –merit examination in greater detail.Article 7: <strong>Children</strong> <strong>with</strong> disabilitiesBuilding upon <strong>the</strong> CRC, <strong>the</strong> principles summarizedin article 7 <strong>of</strong> <strong>the</strong> Convention affirm <strong>the</strong> fundamentalrights <strong>of</strong> all children <strong>with</strong> disabilities to <strong>the</strong> entirerange <strong>of</strong> human rights inherent to all children.Requirements for <strong>the</strong> best interests <strong>of</strong> <strong>the</strong> childand for <strong>the</strong> participation <strong>of</strong> <strong>the</strong> children <strong>the</strong>mselvesin decision-making are particularly important forchildren <strong>with</strong> disabilities, whose interests and voicesare all too frequently overlooked and undervalued.Their right to appropriate support in making <strong>the</strong>irvoices heard is emphasized in both article 7 andarticle 24.Article 24: EducationA second article <strong>of</strong> <strong>the</strong> Convention <strong>with</strong> particularimplications for children is article 24 on education.Article 24 reflects a clear commitment to <strong>the</strong>principle <strong>of</strong> inclusive education as a goal. In thisrespect, it advances fur<strong>the</strong>r <strong>the</strong> direction establishedin earlier documents such as <strong>the</strong> CRC, <strong>the</strong> SalamancaStatement and Framework and <strong>the</strong> Standard Rules.Article 24 also addresses <strong>the</strong> specific needs<strong>of</strong> children <strong>with</strong> severe and complex sensoryimpairments for access to specific supports tolearning such as sign language, Braille and low visionaids. O<strong>the</strong>r children <strong>with</strong> disabilities may also needmodifications to <strong>the</strong> curriculum, to styles <strong>of</strong> teachingand to <strong>the</strong> organization <strong>of</strong> <strong>the</strong> classroom. Supportto all children <strong>with</strong> disabilities has to be individuallytailored and resourced both in terms <strong>of</strong> time andstaffing. Clearly, parents and <strong>the</strong> children <strong>the</strong>mselveshave to be partners in deciding <strong>the</strong> nature andintensity <strong>of</strong> such support and ways in which it canbe reduced as both child and teacher become moreconfident and competent (see chapter 6 below forfur<strong>the</strong>r discussion <strong>of</strong> education).Article 32: International cooperationThe Convention has important implications for <strong>the</strong>role <strong>of</strong> international actors, and <strong>of</strong> <strong>the</strong> UN system inparticular. In article 32, <strong>the</strong> Convention recognizes<strong>the</strong> importance <strong>of</strong> international cooperation insupport <strong>of</strong> national efforts for <strong>the</strong> realization <strong>of</strong>its purpose and objectives, and stresses thatcooperation should aim at ensuring that developmentprogrammes are inclusive <strong>of</strong>, and accessible topersons <strong>with</strong> disabilities. The Convention is also openfor accession to regional integration organizations.In addressing <strong>the</strong> need for all developmentprogrammes to be inclusive and accessible topersons <strong>with</strong> disabilities, article 32 identifies a range<strong>of</strong> areas in which international partners are expectedto play a facilitating and supportive role. With <strong>the</strong>establishment <strong>of</strong> <strong>the</strong> Convention, disability willtake on a more prominent role in <strong>the</strong> developmentprocess. In <strong>the</strong>se actions disability must beincreasingly addressed <strong>with</strong>in all programmes, notonly as a separate item.Once a country ratifies <strong>the</strong> Convention, its provisions,and compliance <strong>with</strong> <strong>the</strong>m, should be reflectedin elements <strong>of</strong> its national development agenda,including its poverty reduction strategy and UNDevelopment Assistance Framework. The UN ando<strong>the</strong>r international actors will in turn be called uponby governments and civil society to provide guidanceand assistance in <strong>the</strong> implementation process.11 <strong>Promoting</strong> <strong>the</strong> <strong>Rights</strong> <strong>of</strong> <strong>Children</strong> <strong>with</strong> <strong>Disabilities</strong> Innocenti Digest No. 13