Promoting the Rights of Children with Disabilities, UNICEF

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and services open or provided to the public, both inurban and in rural areas. These measures, which shallinclude the identification and elimination of obstaclesand barriers to accessibility, shall apply to, inter alia:(a) Buildings, roads, transportation and other indoorand outdoor facilities, including schools, housing,medical facilities and workplaces;(b) Information, communications and other services,including electronic services and emergency services.2. States parties shall also take appropriate measuresto:(a) Develop, promulgate and monitor theimplementation of minimum standards and guidelinesfor the accessibility of facilities and services open orprovided to the public;(b) Ensure that private entities that offer facilities andservices which are open or provided to the publictake into account all aspects of accessibility forpersons with disabilities;(c) Provide training for stakeholders on accessibilityissues facing persons with disabilities;(d) Provide in buildings and other facilities open tothe public signage in Braille and in easy to read andunderstand forms;(e) Provide forms of live assistance andintermediaries, including guides, readers andprofessional sign language interpreters, to facilitateaccessibility to buildings and other facilities open tothe public;(f) Promote other appropriate forms of assistance andsupport to persons with disabilities to ensure theiraccess to information;(g) Promote access for persons with disabilities tonew information and communications technologiesand systems, including the Internet;(h) Promote the design, development, productionand distribution of accessible information andcommunications technologies and systems at anearly stage, so that these technologies and systemsbecome accessible at minimum cost.Article 10Right to lifeStates parties reaffirm that every human being hasthe inherent right to life and shall take all necessarymeasures to ensure its effective enjoyment bypersons with disabilities on an equal basis withothers.Article 11Situations of risk and humanitarian emergenciesStates parties shall take, in accordance with theirobligations under international law, includinginternational humanitarian law and internationalhuman rights law, all necessary measures toensure the protection and safety of persons withdisabilities in situations of risk, including situations ofarmed conflict, humanitarian emergencies and theoccurrence of natural disasters.Article 12Equal recognition before the law1. States parties reaffirm that persons withdisabilities have the right to recognition everywhereas persons before the law.2. States parties shall recognize that persons withdisabilities enjoy legal capacity on an equal basis withothers in all aspects of life.3. States parties shall take appropriate measures toprovide access by persons with disabilities to thesupport they may require in exercising their legalcapacity.4. States parties shall ensure that all measures thatrelate to the exercise of legal capacity provide forappropriate and effective safeguards to preventabuse in accordance with international human rightslaw. Such safeguards shall ensure that measuresrelating to the exercise of legal capacity respectthe rights, will and preferences of the person, arefree of conflict of interest and undue influence,are proportional and tailored to the person’scircumstances, apply for the shortest time possibleand are subject to regular review by a competent,independent and impartial authority or judicial body.The safeguards shall be proportional to the degree towhich such measures affect the person’s rights andinterests.5. Subject to the provisions of this article, Statesparties shall take all appropriate and effectivemeasures to ensure the equal right of persons withdisabilities to own or inherit property, to control theirown financial affairs and to have equal access to bankloans, mortgages and other forms of financial credit,and shall ensure that persons with disabilities are notarbitrarily deprived of their property.Article 13Access to justice1. States parties shall ensure effective access tojustice for persons with disabilities on an equalbasis with others, including through the provision ofprocedural and age-appropriate accommodations,in order to facilitate their effective role as direct and55 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13
indirect participants, including as witnesses, in alllegal proceedings, including at investigative and otherpreliminary stages.2. In order to help to ensure effective access tojustice for persons with disabilities, States partiesshall promote appropriate training for those workingin the field of administration of justice, includingpolice and prison staff.Article 14Liberty and security of the person1. States parties shall ensure that persons withdisabilities, on an equal basis with others:(a) Enjoy the right to liberty and security of person;(b) Are not deprived of their liberty unlawfully orarbitrarily, and that any deprivation of liberty is inconformity with the law, and that the existence ofa disability shall in no case justify a deprivation ofliberty.2. States parties shall ensure that if persons withdisabilities are deprived of their liberty throughany process, they are, on an equal basis withothers, entitled to guarantees in accordance withinternational human rights law and shall be treatedin compliance with the objectives and principles ofthis Convention, including by provision of reasonableaccommodation.Article 15Freedom from torture or cruel, inhuman ordegrading treatment or punishment1. No one shall be subjected to torture or to cruel,inhuman or degrading treatment or punishment.In particular, no one shall be subjected withouthis or her free consent to medical or scientificexperimentation.2. States parties shall take all effective legislative,administrative, judicial or other measures to preventpersons with disabilities, on an equal basis withothers, from being subjected to torture or cruel,inhuman or degrading treatment or punishment.Article 16Freedom from exploitation, violence and abuse1. States parties shall take all appropriate legislative,administrative, social, educational and othermeasures to protect persons with disabilities, bothwithin and outside the home, from all forms ofexploitation, violence and abuse, including theirgender-based aspects.2. States parties shall also take all appropriatemeasures to prevent all forms of exploitation,violence and abuse by ensuring, inter alia, appropriateforms of gender- and age-sensitive assistance andsupport for persons with disabilities and their familiesand caregivers, including through the provision ofinformation and education on how to avoid, recognizeand report instances of exploitation, violence andabuse. States parties shall ensure that protectionservices are age-, gender- and disability-sensitive.3. In order to prevent the occurrence of all forms ofexploitation, violence and abuse, States parties shallensure that all facilities and programmes designedto serve persons with disabilities are effectivelymonitored by independent authorities.4. States parties shall take all appropriate measuresto promote the physical, cognitive and psychologicalrecovery, rehabilitation and social reintegration ofpersons with disabilities who become victims of anyform of exploitation, violence or abuse, includingthrough the provision of protection services. Suchrecovery and reintegration shall take place in anenvironment that fosters the health, welfare, selfrespect,dignity and autonomy of the person andtakes into account gender- and age-specific needs.5. States parties shall put in place effective legislationand policies, including women- and child-focusedlegislation and policies, to ensure that instances ofexploitation, violence and abuse against persons withdisabilities are identified, investigated and, whereappropriate, prosecuted.Article 17Protecting the integrity of the personEvery person with disabilities has a right to respectfor his or her physical and mental integrity on anequal basis with others.Article 18Liberty of movement and nationality1. States parties shall recognize the rights of personswith disabilities to liberty of movement, to freedomto choose their residence and to a nationality, on anequal basis with others, including by ensuring thatpersons with disabilities:(a) Have the right to acquire and change a nationalityand are not deprived of their nationality arbitrarily oron the basis of disability;(b) Are not deprived, on the basis of disability, of theirability to obtain, possess and utilize documentationof their nationality or other documentation ofidentification, or to utilize relevant processes suchas immigration proceedings, that may be needed tofacilitate exercise of the right to liberty of movement;Innocenti Digest No. 13Promoting the Rights of Children with Disabilities56
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CONTENTSExecutive Summary . . . . .
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of all legislation in order to ensu
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While there are grounds for optimis
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© 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 and 20: Box 4.2 Work of the UN Special Rapp
Page 21 and 22: Monitoring implementation of the Co
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: egulation or custom on the pretext
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
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Promoting the Rights of Children with Disabilities, UNICEF

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