COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
Part II. International Human Rights. 4/8   
3. The Convention on the Rights of the Child
The Convention on the Rights of the Child is concerned with protecting children from
injury and providing disabled children adequate protection. Article 2 states that the
rights set forth in the Convention must be applied "...without discrimination of any
kind, irrespective of (...) disability..." (emphasis added) and furthermore
article 4 concerns the right to life. Article 19 provides for the protection of
"...the child from all forms of physical or mental violence, injury or abuse, neglect
or negligent treatment, maltreatment or exploitation, including sexual abuse...".
The central provision of this Convention concerning the rights of disabled children is
article 23. Article 23 (1) provides that "States Parties recognise that a mentally or
physically disabled child should enjoy a full and decent life, in conditions which ensure
dignity, promote self reliance and facilitate the child's active participation in the
community." Article 23 (2) concerns the right of the disabled child to special care.
Article 23 (3) provides that assistance to the child and those responsible for his or her
care "...shall be designed to ensure that the disabled child has effective access to
and receives education, training, health care services, rehabilitation services,
preparation for employment and recreation opportunities in a manner conducive to the
child's achieving the fullest possible social integration and individual
development...". Services for disabled children should, wherever possible, be
provided free of charge (article 23 (3)). Article 23 (4) states that States Parties shall
promote "...the exchange of appropriate information in the field or preventative
health care and of medical, psychological and functional treatment of disabled
children...". Article 24 (2) (d) of the Convention is relevant to the prevention of
disabilities in that States Parties undertake to ensure appropriate prenatal and
post-natal health care for mothers.
A Committee is established pursuant to the provisions of article 43 of the Convention.
The members of the Committee serve in their private capacities, just as the members of the
other treaty based committees.
3.1
Reporting Procedure
States Parties are obliged, under article 44, to submit reports to the Committee two
years after the Convention comes into effect for the States, and thereafter, every five
years, on the measure they have adopted to give effect to the rights in the Convention and
on the progress made in the enjoyment of those rights.
The initial reports should categorise material as follows:
a) General measures of implementation: information should be provided on implementation
of articles 4,42 and 44, paragraph 6;
b) Definition of the Child: information pursuant to article 1;
c) Civil rights and freedoms: should be provided on implementation of articles
7,8,13,14,15,16,17,37 (a);
d) Family environment and alternative care: information should be provided, with
particular attention paid to the principles of the best interest of the child and
respect of the views of the child concerning articles 5, 18, paragraphs 1, 2, 9, 10,
27, paragraphs 4, 20, 21, 11, 19, 39, and 25;
e) Basic health and welfare;
f) Education, leisure and cultural activities; and
g) Special protection measures (articles 22, 30, 32-40).
Before being considered by the Committee, reports first receive the attention of an
informal working group. The purpose is to identify areas in the reports, which require
clarification or give cause for concern, and to prepare a list of issues for transmission
to the State Parties, with a request for written replies to be considered together with
the report. Afterwards, reports are considered by the Committee at public sessions
and in dialogue with representatives of the State.
Towards the end of the discussion, the Committee summarises the observations and may
make suggestions and recommendations. Following the consideration, the Committee adopts
its "Concluding Observations". These comments comprise a critique of
the State report, noting positive factors and drawing attention to matters of concern.
Comments are then issued as public documents and are also included in the Committee's
biennial report to the General Assembly of the United Nations.
3.2
Thematic Consideration of Issues
According to Rule 75 of the Rules of Procedure, the Committee may devote one or more of
its regular sessions to a general discussion on one specific article of the Convention or
related subject in order to enhance a deeper understanding of the content and implication
of the Convention. The Committee has based a series of Days of General Discussion
on a wide range of topics, including the situation of the girl child. In 1995, the
conclusion of the discussion of the girl child influenced the content of the final
document of the Fourth World Conference on Women.
3.3
Missions
The Committee on the Rights of the Child has undertaken a number of regional and
sub-regional missions. During those trips, members have had the opportunity to discuss all
aspects of the implementation of the Convention with representatives of States, and also
with NGOs and international organizations. The missions are of use in alerting the
Committee to particular and regional problems and challenges and in indicating the
existence of local organizations.
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