Promoting the Rights of Children with Disabilities, UNICEF

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