Promoting the Rights of Children with Disabilities, UNICEF

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(b) Promote actively an environment in which personswith disabilities can effectively and fully participate inthe conduct of public affairs, without discriminationand on an equal basis with others, and encouragetheir participation in public affairs, including:(i) Participation in non-governmental organizationsand associations concerned with the public andpolitical life of the country, and in the activities andadministration of political parties;(ii) Forming and joining organizations of persons withdisabilities to represent persons with disabilities atinternational, national, regional and local levels.Article 30Participation in cultural life, recreation, leisureand sport1. States parties recognize the right of persons withdisabilities to take part on an equal basis with othersin cultural life, and shall take all appropriate measuresto ensure that persons with disabilities:(a) Enjoy access to cultural materials in accessibleformats;(b) Enjoy access to television programmes, films,theatre and other cultural activities, in accessibleformats;(c) Enjoy access to places for cultural performancesor services, such as theatres, museums, cinemas,libraries and tourism services, and, as far as possible,enjoy access to monuments and sites of nationalcultural importance.2. States parties shall take appropriate measuresto enable persons with disabilities to have theopportunity to develop and utilize their creative,artistic and intellectual potential, not only for theirown benefit, but also for the enrichment of society.3. States parties shall take all appropriate steps, inaccordance with international law, to ensure thatlaws protecting intellectual property rights do notconstitute an unreasonable or discriminatory barrierto access by persons with disabilities to culturalmaterials.4. Persons with disabilities shall be entitled, on anequal basis with others, to recognition and support oftheir specific cultural and linguistic identity, includingsign languages and deaf culture.5. With a view to enabling persons with disabilitiesto participate on an equal basis with others inrecreational, leisure and sporting activities, Statesparties shall take appropriate measures:(a) To encourage and promote the participation, to thefullest extent possible, of persons with disabilities inmainstream sporting activities at all levels;(b) To ensure that persons with disabilities have anopportunity to organize, develop and participate indisability-specific sporting and recreational activitiesand, to this end, encourage the provision, on an equalbasis with others, of appropriate instruction, trainingand resources;(c) To ensure that persons with disabilities haveaccess to sporting, recreational and tourism venues;(d) To ensure that children with disabilities haveequal access with other children to participation inplay, recreation and leisure and sporting activities,including those activities in the school system;(e) To ensure that persons with disabilities haveaccess to services from those involved in theorganization of recreational, tourism, leisure andsporting activities.Article 31Statistics and data collection1. States parties undertake to collect appropriateinformation, including statistical and research data, toenable them to formulate and implement policies togive effect to the present Convention. The process ofcollecting and maintaining this information shall:(a) Comply with legally established safeguards,including legislation on data protection, to ensureconfidentiality and respect for the privacy of personswith disabilities;(b) Comply with internationally accepted norms toprotect human rights and fundamental freedomsand ethical principles in the collection and use ofstatistics.2. The information collected in accordance with thisarticle shall be disaggregated, as appropriate, andused to help assess the implementation of Statesparties’ obligations under the present Convention andto identify and address the barriers faced by personswith disabilities in exercising their rights.3. States parties shall assume responsibility for thedissemination of these statistics and ensure theiraccessibility to persons with disabilities and others.Article 32International cooperation1. States parties recognize the importance ofinternational cooperation and its promotion, insupport of national efforts for the realization of thepurpose and objectives of the present Convention,and will undertake appropriate and effectivemeasures in this regard, between and among Statesand, as appropriate, in partnership with relevantinternational and regional organizations and civilsociety, in particular organizations of persons withdisabilities. Such measures could include, inter alia:61 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13
(a) Ensuring that international cooperation, includinginternational development programmes, is inclusiveof and accessible to persons with disabilities;(b) Facilitating and supporting capacity-building,including through the exchange and sharing ofinformation, experiences, training programmes andbest practices;(c) Facilitating cooperation in research and access toscientific and technical knowledge;(d) Providing, as appropriate, technical and economicassistance, including by facilitating access to andsharing of accessible and assistive technologies, andthrough the transfer of technologies.2. The provisions of this article are without prejudiceto the obligations of each State party to fulfil itsobligations under the present Convention.Article 33National implementation and monitoring1. States parties, in accordance with their systemof organization, shall designate one or more focalpoints within government for matters relating tothe implementation of the present Convention, andshall give due consideration to the establishmentor designation of a coordination mechanism withingovernment to facilitate related action in differentsectors and at different levels.2. States parties shall, in accordance with their legaland administrative systems, maintain, strengthen,designate or establish within the State party, aframework, including one or more independentmechanisms, as appropriate, to promote, protect andmonitor implementation of the present Convention.When designating or establishing such a mechanism,States parties shall take into account the principlesrelating to the status and functioning of nationalinstitutions for protection and promotion of humanrights.3. Civil society, in particular persons with disabilitiesand their representative organizations, shall beinvolved and participate fully in the monitoringprocess.Article 34Committee on the Rights of Personswith Disabilities1. There shall be established a Committee on theRights of Persons with Disabilities (hereafter referredto as ’the Committee’), which shall carry out thefunctions hereinafter provided.2. The Committee shall consist, at the time of entryinto force of the present Convention, of twelveexperts. After an additional sixty ratifications oraccessions to the Convention, the membership of theCommittee shall increase by six members, attaining amaximum number of eighteen members.3. The members of the Committee shall serve intheir personal capacity and shall be of high moralstanding and recognized competence and experiencein the field covered by the present Convention. Whennominating their candidates, States parties are invitedto give due consideration to the provision set out inarticle 4.3 of the present Convention.4. The members of the Committee shall be electedby States parties, consideration being given toequitable geographical distribution, representation ofthe different forms of civilization and of the principallegal systems, balanced gender representation andparticipation of experts with disabilities.5. The members of the Committee shall be electedby secret ballot from a list of persons nominatedby the States parties from among their nationalsat meetings of the Conference of States parties.At those meetings, for which two thirds of Statesparties shall constitute a quorum, the personselected to the Committee shall be those who obtainthe largest number of votes and an absolute majorityof the votes of the representatives of States partiespresent and voting.6. The initial election shall be held no later thansix months after the date of entry into force of thepresent Convention. At least four months before thedate of each election, the Secretary-General of theUnited Nations shall address a letter to the Statesparties inviting them to submit the nominationswithin two months. The Secretary-General shallsubsequently prepare a list in alphabetical order of allpersons thus nominated, indicating the State partieswhich have nominated them, and shall submit it tothe States parties to the present Convention.7. The members of the Committee shall be electedfor a term of four years. They shall be eligible forre-election once. However, the term of six of themembers elected at the first election shall expireat the end of two years; immediately after the firstelection, the names of these six members shall bechosen by lot by the chairperson of the meetingreferred to in paragraph 5 of this article.8. The election of the six additional members of theCommittee shall be held on the occasion of regularelections, in accordance with the relevant provisionsof this article.9. If a member of the Committee dies or resignsor declares that for any other cause she or he canno longer perform her or his duties, the State partywhich nominated the member shall appoint anotherexpert possessing the qualifications and meeting therequirements set out in the relevant provisions of thisarticle, to serve for the remainder of the term.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities62
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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
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The minimum benchmark was found par
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© UUNICEF/HQ06-1260/Azhar Mahmoodp
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Box 4.1 Human rights instruments an
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Page 21 and 22: Monitoring implementation of the Co
Page 23 and 24: 5 HUMAN RIGHTS OFCHILDREN WITHDISAB
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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
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Page 35 and 36: and knowledge. 87 Conversely, where
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Page 41 and 42: 7 ENSURING ASUPPORTIVEENVIRONMENTCr
Page 43 and 44: Box 7.2 Raising disability awarenes
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Page 47 and 48: 8 CONCLUSIONSThe inclusion of child
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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
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Page 67 and 68: (a) The right of all persons with d
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Page 73 and 74: Article 38Relationship of the Commi
Page 75 and 76: Optional Protocol to the Convention
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