DISABILITY CONVENTION: Tips and strategies for implementation

Summary: Gerison Lansdown, international child rights advocate, gives tips and strategies for implementing the UN Convention on the Rights of Persons with Disabilities (CRPD). Below you can find a list of these strategies and a question and answer session which was held on the final day of the Middle East and North Africa regional consultation on children and the new Convention, held in Sana’a, Yemen in October 2007.

To undertake effective advocacy, you need to be clear about:

Obligations on governments:

  • Implement the Convention on the Rights of Persons with Disabilities (CRPD) to the maximum extent of available resources
  • Adopt legislation to protect rights and end discrimination
  • Introduce coordination across government: the rights of children with disabilities can fall between gaps between departments, for example, the social welfare and education departments. This happens when government departments do not speak to each other. What is needed is a cross-departmental approach. South Africa has a good model: there is a strategy for persons with disabilities and a separate one for children in which every department is involved, including for example, the Ministry responsible for urban planning and the Ministry of Work.
  • Ensure private and public sectors respect the rights of children with disabilities
  • Involve children with disabilities in the development, implementation and monitoring of laws, policies and decision-making processes. In many countries, institutions for children with disabilities are run by the private sector which must be accountable.
  • Establish independent human rights institutions. See the Paris Principles for specific guidelines on doing this.
  • Make sure the CRPD is known, make it available in Braille, in child-friendly versions, and give training to make sure people understand it.
  • Undertake research into new technologies to facilitate and help people with disabilities in terms of their access, etc.
  • Promote international cooperation. Richer countries have an obligation to work with poorer countries on capacity-building etc.
  • Report to the UN Committee on the Rights of Persons with Disabilities. This will be set up as soon as there are 20 ratifications. Initially there will be 12 people on the Committee. Once the number of ratifications goes up to 60, there will be 18 people on the Committee. Start think about nominations for the people who you think would be effective on this Committee for the Middle East and North Africa, and lobby the government to get them nominated.

Strategies for implementing the Convention

Understand the situation on the ground:

  • What are the facts? What are the laws that currently exist? Do any of them actively discriminate against children? What are the strategies that exist? Has any research been done on children with disabilities by NGOs, academic institutions?, consulations with children, wasy of gathering evidence and data from children. Do we know how many children are in school, how many experience violence and abuse, agreed definitions which can build up this picture.
  • There will be lots of gaps in information, it will be important to document these tool. You need to know what you do not know.

Assess and build the capacity for implementation

  • Assess whether the problems with implementation are to do with attitudes, resources, a lack of knowledge about the CRPD, think about who are the other actors, and what can they do to help implement the CRPD
  • Talk to national and local government officials and parliamentarians. South Africa has, in the President’s office, a disability unit and a children’s unit. A national disability strategy was set up with disability community. This was replicated at provincial level. There was not enough training, so although the laws and strategy was there, the people that were supposed to implement it had not been trained.
  • It is very important to involve the media so they understand the issues.
  • Get children involved
  • Train professionals. Laws are important, but to change the day to day reality for children, judges, teachers, social workers, prison wardens, nurses, etc. must be trained in children’s rights.

Network and build alliances
Who should we build alliances with?

  • A strong child rights and a strong disability rights lobby have emerged over the last ten years but they need to talk to each other!
  • Build alliances with trade unions, media, etc. The media can highlight abuses of the rights of children with disabilities. They can also play a part in representing the integrity of children with disabilities, involving people with disabilities in soap operas, etc, to make it ordinary to see people with disabilities in the public domain.
  • Listen to children’s voices. A good example is the Children’s Express in Northern Ireland, a group of child journalists. There are between 9-13 journalists, and older children act as editors. An adult helps identify stories on children’s issues.
  • Get Parliamentary support. Lobbying individual parliamentarians is essential as they act as go-betweens with the disability lobby and government ministers., raise important issues with them and help get amendments made in laws.

Campaign for ratification
We would like to see universal ratification. Yemen and other countries in the region have made a commitment, but must make sure the timetable for ratification and implementation of the Convention does not slip.

Advocate for the rights of children with disabilities

  • Highlight the most important issues, key violations in your country
  • Identify what needs to change and how, for example, do laws exist, are attitudes hostile, is there much awareness? In Bangladesh, for example, national legislation prohibits corporal punishment in all schools, but children are still hit in schools.
  • Create message to communicate the need for change
  • Lobby the government and be very clear about what you are asking for: present what is happening, and what should happen. Courts do not recognise children with disabilities as credible witnesses, many cannot use helplines. Children in institutions difficult to report abuse when they are totally dependent on the person who is perpetrating the abuse.

Raise public awareness

  • Challenge attitudes to create public awareness about disability, that they are entitled to equal recognition and dignity.
  • Get the government to speak in a respectful way so that they challenge rather than reinforce stereotypes and prejudices.
  • Empower children with disabilities as advocates
    Two things that came through from the children’s session yesterday were that they worked together for two days and came up with a lot of recommendations. The other was that children need support from adults to help them create spaces to come together, build understanding and get involved in issues that affect them.
    In El Salvador, children with and without disabilities across the country aged 15-18 were trained as advocates. They went into local communities to raise awareness about child rights, especially the rights of children with disabilities. They talked to governing bodies of schools, community leaders, etc, about child rights and what needed to change. Children could report abuses to these child advocates who would take them up with officials. In this way, they also acted as role models.

Monitoring and evaluation

Actions to consider:

  • Alternative reports: to monitor how the Convention on the Rights of the Child is being implemented, child rights coalitions come together and prepare a report called an 'Alternative report' questioning what they think is happening to children in their country and what needs to happen and present this to the Committee on the Rights of the Child.

    In Brazil, the legislation could not be better on paper, but children are still shot in the street, there are still children who do not go to school. It takes civil society organisations to report on the situation is on the ground and the concerns they want raised with the government. It is better to send one coordinated report, in this way the Committee knows that they can trust the information and they have one report, rather than 30 or 40.

    This procedure will probably be available for the Committee on the Rights of Persons with Disabilities, so civil society organisations need to start building coalitions now.

  • Annual reviews of progress: track what has got better and what has got worse. Is there better data now on the enrolment of children with disabilities in schools, for example; what measures have been taken to improve accessibility to schools, etc.
  • Follow up on Concluding Observations: these are the Committees recommendations which come out of the presentation of State and Alternative reports. These say what the good things are and raise issues of concern. Based on these, they make recommendations that they want the government to act on. These are published on the website of the UN High Commissioner for Human Rights and on CRIN, so everyone knows what has been said.

Discussion

Muhannat Alizeeh, Handicap International – Middle East and North Africa: What can be done to combat violence against children with disabilities? This is often denied and hidden from view.

GL: The UN Study on Violence against children gives some very specific recommendations on this. There was some input on this on violence against children with disabilities. The difficulty is that this is very much hidden from view and denied. There needs to be a long process of education and sensitisation in families because every country wants to believe it does not happen there, but the reality is that most abuse takes place in families.

Monica Lindvall, Save the Children Sweden spoke of the denial of violence against children in Ethiopia. Save did research to document the facts and the voices of people on the ground. This was a wake-up call.

In Sweden, we did not know how much abuse occurred, we thought we were very good on these issues. We have a children’s Ombudsperson, a disability ombudsperson with a child rights focus, etc, but we have discovered that abuse is still widespread - it is everywhere. We must be open to talking about it, support each other and create mechanisms to getting it out in the open and having an open dialogue.

Aisha Saeed, Save the Children Sweden, Yemen
Save the Children Sweden and the High Council for Mother and Childhood conducted a study on violence against children in all settings. People were trying to hide the facts. One thing we found, however, was strong evidence of abuse by police. The court issued a judgement against police officers for violence against children. Save has now produced a training manual for police on child rights and in 2008 we will launch programmes to raise awareness about these issues.

Bandana Shrestha, Save the Children Sweden, Nepal: Nepal and Afghanistan have some of the highest rates of early marriage. They can get married at seven years old. They are treated as domestic servants and sexually abused. We have started a campaign looking at the culture, legislation and what the CRC says, to raise awareness about the negative effects of early marriage, the health risks of delivering at an early age, as well as the economic costs it implies.

We work with the Independent Human Rights Commission in Afghanistan. One of the cases we worked on together was concerned a girl that the Commission had taken in because she had been abused by her husband. He tried to do a deal so the case would be dropped. The parents later said that they did not want anything to do with her because of the associated shame. In Islam, if a girl is not of an age where she can give consent, she should not enter into marriage, but culturally it happens. We are trying to link up with mullahs to work on this.

Other questions and comments:
There is currently a trend for short-term courses on disability issues. It is time to promote and facilitate in-country permanent structures, at university level, institution level, etc.

GL spoke about the Child Rights Education Professionals initiative in Canada. This began by developing a core curriculum on child rights for paediatricians. The initiative has also been taken to Latin America where it was adapted for the region, the next step has been to train trainers. All participants involved then advocate for this training within that professional group. In South Africa, this initiative has been extended and developed to include all health workers.

There is a need for statistics in rural areas on children with learning disabilities.

Strategies have to be multi-tiered: children with disabilities have to be visible. When a national census is being done, many families deny that these children exist. In some countries there are questions around this included int the census and the national statistics office uses people with disabilities to collect the data where there is particular prejudice, in this way, families are more likely to talk about the issue.

In some countries, community development leaders take a lead responsibility. The Maoris in New Zealand and Aboriginals in Australia hold a family group conference: this is in place of a high-level State child protection system. Rather than remove an abused child and place them in an institution, they bring all the people in that child’s life together and create a space where they begin to talk about why things have gone wrong. In this way, the capacities and good will of the community are mobilised.

What mechanisms can be used to report on abuse and to lobby governments?

There must be a legal framework of protective rights. Civil society has a key role to play in lobbying government for these. You then need to work with government on policies on how these laws can be implemented at the local, national and regional level. You need social workers and other professionals who are trained in child rights, for example doctors who are trained in how to spot abuse, a legal structure which is child-friendly. The mechanisms themselves must be developed specifically for each country by looking at what models exist elsewhere.

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