Promoting the Rights of Children with Disabilities, UNICEF

More documents

Recommendations

Info

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
Monitoring implementation of the ConventionIn order for the Convention to have a positive impacton the quality of life of persons with disabilitiesand on society as a whole, effective proceduresare required for its implementation at the nationallevel. The roles and responsibilities of stakeholders– including member States, persons with disabilitiesand their organizations, UN system entities,development partners, and regional entities – in theimplementation and monitoring of the Conventionneed to be clearly established and defined.The Convention sets out reporting obligations at boththe national and international levels. Particular prioritymust be given to the actions needed at the nationallevel. As outlined in article 33 of the Convention,States parties are required to designate focal point(s)within government, and consider the establishmentof a coordination mechanism within government tofacilitate relevant actions. The article also highlightsthe importance of an independent mechanism formonitoring at the national level, and the engagementof civil society, especially the involvement andparticipation of persons with disabilities and theirorganizations in the process.At the international level, the Convention establishesa treaty monitoring body, the Committee on theRights of Persons with Disabilities (in Geneva),as well as a Conference of States parties (inNew York). As is the case for other human rightstreaty bodies, the Committee will be made up ofindependent experts, receiving secretariat supportfrom the Office of the High Commissioner forHuman Rights. The Committee will consist initiallyof 12 members elected by secret ballot from a listsubmitted by States parties. Each ratifying country isexpected to provide an initial comprehensive reportto this Committee on progress over a two-yearperiod to implement the Convention, and to reportsubsequently every four years. The Committee willalso take into account the representations of NGOsand members of civil society. The reports of the UNCommittee will be in the public domain and availableon the internet. The Optional Protocol to the CRPDintroduces additional procedures to strengthen theimplementation of the Convention and the monitoringrole of the Committee. 24Within the UN system, each agency involved in thedisability field will play a distinctive role. In respectof children and women, UNICEF is particularly wellplaced to provide support to government and civilsociety partners, especially organizations of personswith disabilities, in the promotion of the implementationand monitoring of the Convention. The UNDivision of Economic and Social Affairs (UN-DESA)has been called upon to lead the establishment of aninter-agency group that will support the developmentof a UN system-wide strategy to advance the implementationof the Convention.The CRPD process has represented an unprecedentedopportunity for civil society and the nongovernmentalsector. For the first time in history,the United Nations General Assembly attributed aleading role to non-governmental organizations inthe elaboration of an international convention byspecifically involving them in its working structures.This partnership between organizations of personswith disabilities and development and human rightsactors will be maintained throughout the implementationand monitoring process.Implementation at national level: Next stepsThe guidance contained in the CRPD and the standardsof the CRC, together with the conclusions emergingfrom the deliberations of the Committee on theRights of the Child, 25 have each generated importantrecommendations for next steps in implementation atthe national level. The following represents a synthesisfrom these two, very usefully convergent sources:12345678Undertake a comprehensive review of all legislationin order to ensure consideration to the inclusionof children with disabilities. Prohibition ofdiscrimination on grounds of disability should beincluded in all legislation.Provide for effective remedies in cases of violationsof the rights of children with disabilities andensure that these are accessible to all children,families and carers.Develop a national plan for action framed bythe relevant provisions of the CRC and CRPD,together with the Standard Rules. Action plansshould specify measurable targets, evaluation indicatorsand timetables and should be monitoredaccordingly.Create a focal point for disability in each relevantministry, as well as a high level multi-sectoralcoordinating committee, with members drawnfrom all relevant ministries and from organizationsof persons with disabilities. This committeeshould be empowered to be proactive in initiatingproposals and policies.Develop independent monitoring mechanisms,such as an ombudsperson or children’s commissioner,and ensure that children and families arefully supported in gaining access to such mechanisms.Create an earmarked budget to ensure that fundsare targeted at agreed areas of need, such asfinancial support for families, income maintenance,professional development and funds topromote access to buildings and services.Conduct awareness raising and educational campaignstargeting the public at large as well asspecific groups of professionals.Have particular regard to the additional vulnerabilityof girls and women to discrimination.These and other recommendations are further discussedand exemplified in chapter 7 below.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities12
Page 1 and 2: Innocenti Digest No. 13Promoting th
Page 3 and 4: Innocenti Digest No. 13Promoting th
Page 5 and 6: CONTENTSExecutive Summary . . . . .
Page 7 and 8: of all legislation in order to ensu
Page 9 and 10: While there are grounds for optimis
Page 11 and 12: © UNICEF/HQ95-0451/David BarbourBo
Page 13 and 14: The minimum benchmark was found par
Page 15 and 16: © UUNICEF/HQ06-1260/Azhar Mahmoodp
Page 17 and 18: Box 4.1 Human rights instruments an
Page 19: Box 4.2 Work of the UN Special Rapp
Page 23 and 24: 5 HUMAN RIGHTS OFCHILDREN WITHDISAB
Page 25 and 26: cases of physicians in both income-
Page 27 and 28: environments. Even in a well-staffe
Page 29 and 30: Box 5.2 Landmines cause disability
Page 31 and 32: 6 FOUNDATIONS FORINCLUSIONThe impor
Page 33 and 34: Los Pipitos is an active parents’
Page 35 and 36: and knowledge. 87 Conversely, where
Page 37 and 38: particular attention to school-base
Page 39 and 40: Both where there is an absence of f
Page 41 and 42: 7 ENSURING ASUPPORTIVEENVIRONMENTCr
Page 43 and 44: Box 7.2 Raising disability awarenes
Page 45 and 46: © UNICEF/HQ98-0860/Roger LeMoyneCh
Page 47 and 48: 8 CONCLUSIONSThe inclusion of child
Page 49 and 50: 21 Blomgren, Lars, ’UN Standard R
Page 51 and 52: 78 Shared Care Network, , accessed1
Page 53 and 54: LINKS 1UNITED NATIONS SYSTEMOffice
Page 55 and 56: Amnesty InternationalWebsite: www.a
Page 57 and 58: Healthlink WorldwideCityside, 40 Ad
Page 59 and 60: ADDITIONAL RESOURCESChild Rights In
Page 61 and 62: (p) Concerned about the difficult c
Page 63 and 64: egulation or custom on the pretext
Page 65 and 66: indirect participants, including as
Page 67 and 68: (a) The right of all persons with d
Page 69 and 70: (b) Protect the rights of persons w
Page 71 and 72:
(a) Ensuring that international coo
Page 73 and 74:
Article 38Relationship of the Commi
Page 75 and 76:
Optional Protocol to the Convention
Page 77:
2. An amendment adopted and approve
show all

Promoting the Rights of Children with Disabilities, UNICEF

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?