Rights of Children with Disabilities

Summary: At its 16th session (22 September -
10 October 1997) the Committee on
the Rights of the Child devoted a Day
of General Discussion (6 October
1997) to the theme "The Rights of
Children with Disabilities". This is the
submission made by the NGO Group
for the Convention on the Rights of
the Child to the committee.

Rights of Children with Disabilities

NGO Group for the Convention on the Rights of the Child

The Committee on the Rights of the Child has decided to devote its next day of general discussion to be held on October 6, 1 997 to the topic of "The rights of children with disabilities". The theme day will focus on the right to social inclusion and the right not be discriminated against on the grounds of disability. The aim of the discussion will be to raise awareness about the need to fill the gap between the principles and standards embodied in the
Convention on the Rights of the Child and the day-to-day realities
that many disabled children face. The discussion will focus on
three main topics: the right of children with disabilities to life and
development; self-representation and participation of children
with disabilities; and the entitlement of children with disabilities
to inclusive education. The Committee has prepared a outline
which identifies the main issues to be raised during the debate.

The general discussion will be held in plenary session (and not in
workshops) where each theme will be introduced by a Committee
member followed by a debate. Although the Committee welcomes
written contributions from non-governmental organizations, i t
prefers that oral submissions be limited to interventions in the
debate rather than formal statements. The Committee also
welcomes the participation of children with disabilities in the day
of general discussion.

Written statements should be submitted to the Secretariat of the
Committee on the Rights of the Child (Palais des Nations, 1211
Geneva 1 0 Switzerland) or to the NGO Group for the Convention
on the Rights of the Child (P.O. Box 88,1211 Geneva 20
Switzerland)by 25 August 1997.

GENERAL DISCUSSION ON "THE RIGHTS OF CHILDREN WITH
DISABILITIES"

DRAFT OUTLINE

The theme for the next general discussion of the United Nations
Committee on the Rights of the Child is "The rights of children
with disabilities". The discussion will take place on Monday, 6
October 1997 at the United Nations Office at Geneva.United
Nations bodies and specialized agencies as well as
nongovernmental organizations and individual experts are invited
to take part in this one-day discussion.

The decision to devote one day to discuss this topic was taken by
the Committee on the Rights of the Child at its fourteenth session
in the light of rule 75 of its provisional rules of procedure. The
purpose of the general discussions is to enhance a deeper
understanding of the content and implications of the Convention.
The discussions are public.

There are approximately 2 billion children in the world, or whom,
at a conservative estimate, as many as 100 million have
disabilities. And the evidence of the life chances of these children
in many parts of the world make grim reading. Hundreds of
thousands of children with disabilities are condemned to live their
lives in institutions, often deprived not only of any love or
affection but also of the most basic physical care, warmth and
stimulation. Armed conflict and political violence, which have such
devastating impact on children's lives, also contribute heavily to
the toll of disability. They are now the leading causes of injury,
impairment and physical disability in children and only 3% of
children disabled as a result of war receive any rehabilitative care.

Children with disabilities have been through history, and indeed
in many 5ocieties still are, denied access to education, family life,
adequate health care, opportunities for play or for training, and
the right to participate in the mainstream of children's lives. In
other words they have experienced a form of social exclusion
which represents a fundamental denial of their basic rights.
Furthermore, this group of children are perhaps amongst those
most vulnerable to abuse and neglect by adults with
responsibility for them and least able to assert their rights on
their own behalf. And despite the scale of the Problems they
experience and the extent to which they are discriminated
against in relation to many of their most basic rights, the plight of
children with disabilities rarely reaches high up the national or
international agenda. They remain invisible.

A theme day devoted to the rights of children with disabilities
represents a Powerful opportunity to challenge the invisibility of
such children. It can provide a high profile focus to the right to
social inclusion - the right not to be discriminated against on
grounds of disability. It may contribute to raising international
awareness of the huge gulf between the principles and
standards embodied in the Convention and the day-to-day
realities of so many children's lives.

The Committee on the Rights of the Child has a clear role to Play
in creating opportunities to highlight not only the obligation's
Governments have made to children with disabilities under the
Convention, but also the extent to which violations of the rights
of children with disabilities take place, and in Promoting
international debate and action Qn these issues. It also has a
clear role in developing explicit indicators against which
Governments can be assessed in their implementation of the
Provisions of the Convention and Positive examples of legislation,
policy and Practice which will give effect to those principles.

The thematic debate will mainly address the provisions of article
23 of the Convention on the Rights of the Child. But it will
naturally reflect the holistic approach of the Convention, thus
illustrating the interdependence and indivisibility of the
fundamental rights of children. In this regard, and as was the
case in the previous discussions held by the Committee, the
general principles of the Convention, namely of discrimination, the
best interests of the child, the right to survival and development
to the maximum extent possible and the participation of the child
in the decisions affecting him or her, will be essential in the
consideration of this theme. Other articles of particular relevance
include article 24 (the right to enjoy the highest attainable
standard of health) , article 28 (the right to education on the
basis of equality of opportunity), article 29 (the aims of education,
including the development of the child's personality, talents and
mental and physical abilities to their fullest potential) and article
31 (the right to engage in play and recreational activities and to
participate freely in cultural life and the arts.

The main objectives of the theme day will be as follows:

* to share ideas, knowledge and positive examples of good
practice in challenging discrimination against and encourage
participation of children with disabilities;

* to promote public debate and awareness at both national and
international level of the need to bridge the gap between the
obligations undertaken by Governments on behalf of children with
disabilities and the day-to-day realities of the lives of millions of
those children;

* to contribute to the development of indicators which might
assist Governments in evaluating the extent of their compliance
with the provisions. of the Convention relevant to the rights of
children with disabilities;

* to contribute to the development of programmes of action at
both the national level to protect and promote the rights of
children with disabilities; and

* to contribute to the formulation of national strategies that need
to be developed in order to work towards compliance with the
rights of children with disabilties to social inclusion and to
desgragation of institutional provision

The discussion will focus mainly on the three issues of the right to
life and development; self-representation and participation of
children with disabilities; and the entitlement of children with
disabilities to inclusive education

Written input is welcome and should be addressed to the
Committee on the Rights of the Child , c/o the High
Commissioner/Centre for Human Rights, Palais de Nations,
Geneva, Switzerland, by 25 August 1997