Informal briefing on the
Ad Hoc Committee, 6 August 2002, United Nations, New York :UNICEF Statement on Childhood Disability
Presented by Gulbadan Habibi
at the
Informal Briefing on the work of the UN Bodies and Organizations at
the Ad Hoc Committee on International Convention on the Rights of
Persons with Disabilities
6 August 2002 at Conference Room 4
I am pleased to report that a growing attention is currently given
within the UN system to persons with disabilities, not only in medical
terms but also in terms of rights. Persons with disabilities indeed
suffer everywhere - in developing countries as well as industrialised
ones - from discrimination. The intensity of the discrimination varies
in different societies from inequality with regard to employment or
lack of appropriate access to public buildings to total exclusion from
the society, in particular through institutionalisation into "care
centres" and deprived of basic care and sanitation.
It is estimated that more than half a billion people world-wide
live with a significant disability. Among them, approximately 150
million are children. One family in every four has an immediate family
member with a disability. According to the UN, 80% of all individuals
with a disability live in developing countries, mostly in poor rural
areas.
One child in ten is born with or acquires a physical, mental,
sensory, intellectual or psychological disability due to preventable
disease, congenital causes, malnutrition, micronutrient deficiencies,
accidents and injuries, armed conflict and landmines. This means that
the likelihood that a child be disabled is strongly related to his/her
environment. Most causes of disabilities are indeed preventable,
resulting from poverty, lack of health care, armed conflict, accidents
or abuse and violence.
Rights of Children with Disabilities
Guided by the Convention on the Rights of the Child, UNICEF takes a
rights-based approach to disability by including disability as a
ground for protection against discrimination, as defined by in Article
2 of the CRC. The Convention also devotes a specific Article to the
rights of the mentally or physically disabled child (Article 23). It
has to be noted that no State Party made a reservation on this
Article.
While Article 2 provides the basis for non-discrimination in the
enjoyment of all rights set forth in the Convention on the Rights of
the Child, the lengthy Article 23 provides extensive details on the
obligations of States Parties for the special protection of disabled
children.
Non discrimination (Article 2)
Non discrimination means that no child should be injured,
privileged or punished by, or deprived of, any right based on this
child's belonging to a particular category. Article 2 enumerates
possible grounds for discrimination, among which disability is
mentioned. For non discrimination to be effective, States need to
identify the most vulnerable and disadvantaged children within their
borders and take affirmative action to ensure that the rights of these
children are realized and protected. It is in this perspective that
Article 23 provides for the special protection of disabled children.
Right to participation (Article 23.1)
The right to participation is a right all children are entitled to
under Article 12 of the convention, which provides for the right of
the child to express his/her own views in all matters affecting the
child and in accordance with his/her age and maturity. Social
attitudes towards disabled children often lead to ignore their right
to participation. Children with disabilities are often socially
excluded and considered to be unable to express their views. They also
tend to be given less information. As a result, they are more
vulnerable to abuse and neglect, while not given the chance to speak
out.
The report of the CRC Committee general discussion on children with
disabilities (1997) underlines the fact that disabled children suffer
from a double denial of the right to participate in decisions that
affect them. In addition to the fact that many adults find it
difficult to recognise the right and the capacity of children with
disabilities - sometimes of any child - to contribute to
decision-making, carers seek to shield children from the
responsibility of participation. However, decisions made about a
disabled child would be more efficient if the child was involved in
the process. It would also give more confidence to the child by giving
him/her a positive self-image.
Right to social integration (Article 23.3)
The right to social integration implies that the disabled child
should not be isolated. This right is crucial because many children
with disabilities are being institutionalised in centres that can be
located far from their families, keeping them aside from social life.
Care received in these institutions may also be insufficient to ensure
the development of the child. Many countries indeed do not provide
adequate resources to such centres which rather represent means for
families to "get rid" of disabled children and where children are
being neglected.
Social integration means that everything should be done to ensure
that children with disabilities can stay with their families and avoid
their placement in care centres. The main tool for their integration
is actually, like for other children, through education.
Right to special care and assistance (Article 23.2 and 23.3)
A child with disabilities has special needs in terms of care and
assistance. This can be a heavy burden on his parents or others taking
care of him/her. That is why States parties are required, to the
extent possible, to provide assistance free of charge.
Right to education and training (Article 28)
The right to education is provided by in Article 28 of the
Convention. Basically, all children, including those with
disabilities, have a right to education. However, many disabled
children around the world are left out of their national education
system. UNESCO estimates that the literacy rate for those with
disabilities world-wide is less than ten percent; the rate for girls
and women with disabilities is even lower. Obstacles to education
include the inaccessibility of school buildings, perception that
disabled children cannot learn, that they should not endure the stress
of learning, that they are an embarrassment and should not appear in
public. Economic reasons account for an important part of disabled
children left out of school. Poor parents indeed tend to give priority
to their non-disabled children.
The question is also whether disabled children can attend the same
classes as other children. In this regard, a distinction is to be made
between integrative and inclusive education. Integrated education
means that disabled children attend special schools. This education
seeks to change the child to fit the society. Inclusive education
implies to change the school to meet the needs of children with
disabilities. This is the most efficient means to ensure that children
with disabilities develop like children without disabilities and that
they socialise with each other.
Right to be protected from exploitation (Article 32, Article
34)
Children with disabilities are also more likely to be involved in
child labour. As only wealthy families can afford maintaining them,
disabled children are vulnerable to trafficking, sexual exploitation
and other forms of child labour. Deaf children are often victims of
sexual exploitation because they cannot speak out on what they suffer
from. Even when they are doing normal jobs or apprenticeships,
adolescents with disabilities often have limited options and cannot
fail on their first job or apprenticeship without being at high risk
of being labelled as unemployable.
Right to be protected from violence and abuse (Article 19)
Violence can be a cause of disability. It can also be its
consequence. Many children with disabilities suffer from physical and
mental violence because they are not perceived as feeling pain and
having emotions, or just because they are often times silent victims.
Studies show that for both male and female children, those with
disabilities are three times more likely to be physically and sexually
abused as their non-disabled peers.
The Rights of Disabled Children report "It is Our World Too"
highlights that many of the nearly 150 million disabled children
experience extreme violations of basic human rights, often live in
extreme poverty and they are most likely to experience violence and
abuse in the hands of their caregivers.
UNICEF's action in favour of children with disabilities
UNICEF's action in favour of children with disabilities focuses on
an inclusive approach. UNICEF encourages the early detection of
disabilities. UNICEF's programmes aim to enable the disabled child to
stay with his/her family and to avoid institutionalisation. With focus
on Education for All, UNICEF concentrates its efforts on making
schools accessible to disabled children. This action is accompanied by
awareness campaigns which intend to sensitise the population and
change social attitudes towards disabled children.
Importantly, UNICEF's action is also directed at addressing the
root causes of disability by implementing preventive measures. These
include nutrition programmes aiming to reduce deficiencies in vitamin
A, iodine and other essential elements, which can lead to
disabilities, as well as health care programmes that intend to set up
a better environment for women giving birth. UNICEF is also the lead
UN agency with regard to landmine education. The following is a
summary of activities supported by UNICEF:
Ensuring Early Detection
Early detection is essential to limit the consequences of
disabilities on the child's development. In addition, it favours the
easy inclusion of disabled children into the society.
Preventing Discrimination Against Children - Ensuring
Inclusion for All Children
During the UNGASS, on WFFC, UNICEF collaborated with the Government
of Canada and a number of NGOs including Inclusion International to
organize a Special Side Event on "Children, Discrimination and
Disadvantage". This event provided opportunity for an international
dialogue on discrimination and disadvantage facing children throughout
the world. The session outlined key issues related to
discrimination and disadvantage based on disability, gender and
ethno-racial diversity, and proposed strategies and actions
to combat discrimination and promote inclusion, as well as to impress
upon the participants of the Special Session to take the messages on
discrimination against children and to draw up specific action plans,
especially in the national programmes.
Beyond many lively perspectives on the array of complex issues
discussed, the event was able to identify a range of specific steps
for future action. These include the following:
- Promote an action-oriented vision of inclusion for all children,
regardless of disability, gender, race/ethnicity and other factors.
- Include the voices of children with disabilities and all
children in discussions of the rights and needs of children.
- Ensure that National Plans of Action give active consideration
to how all commitments are fulfilled for disabled children, not just
those specifically related to disability.
- Ensure legislation to protect disabled people from
discrimination.
- Ensure that violence experienced by disabled children is fully
addressed in the forthcoming UN study on violence.
- Engage men and boys as well as women and girls in efforts to end
gender discrimination and promote gender equity; promote new models
of masculinity that support gender equity. Provide support for
parents and youth to break traditional gender-biased patterns.
- Counter racism against indigenous, aboriginal and other groups
by teaching about differences and celebrating diversity in schools.
- Engage in meaningful policy dialogue for human rights, bringing
NGOs and governments as well as children and youth together.
- Create a global knowledge network on child rights and well-being
to advance inclusion and the human rights agenda.
- Involve and strengthen global civil society in support of
inclusion.
- Develop and implement a coherent strategy for monitoring
progress and outcomes, looking beyond morbidity and mortality to
indicators of child well-being and inclusion.
Changing Social Attitudes
Disabled children are often victims of negative social perceptions,
which, in addition to leading to their social isolation, have a
harmful impact on their self-esteem, hence on their development. That
is why UNICEF undertakes communication campaigns aiming to inform
people and call for non-discriminatory behaviours.
Avoiding institutional care and promoting social integration
Institutions which take care of disabled children are often located
far from the family and lead to the social isolation of these
children. Often times, the living conditions of children placed in
institutional care do not meet the minimum requirements in terms of
health and sanitation, and can amount to inhuman treatment. Children
are often neglected, their basic needs are not met and they lack any
sort of care. Even in best cases, institutional care cannot replace
the benefits for the child of living with his/her family. That is why
UNICEF promotes the de-institutionalisation of disabled children,
favouring assistance for care by the family or the establishment of
care residences in smaller units and with more attention being paid to
the child's development. With financial assistance from Finland,
UNICEF is supporting, in selected countries, community-based projects
aiming to help disabled children to have access to rehabilitation and
cultural life, and to promote their everyday social integration.
Supporting Inclusive Education
Education is key to including disabled children into the society
and ensure that they are prepared for life skills. It is also a means
of socialising children with disabilities with other children as well
as changing the society's attitude towards disabled persons. With
financial contribution from Sweden, UNICEF is supports the inclusion
of disabled children into mainstream schools in selected countries.
Informing disabled children
Disabled children often lack access to information, because their
carers and families find it unnecessary to explain them issues
supposedly reserved to "non-disabled children". Sexuality is among the
prominent ones, and this lack of information implies that disabled
children are more likely to be sexually abused and to contract
HIV/AIDS. UNICEF aims to raise awareness on these issues and more
specifically inform disabled of existing risks.
Landmines: From Prevention to Rehabilitation
Prevention: Raising awareness
It is estimated that about 40 percent of landmine injured are
children. Children are very vulnerable because they are mobile,
curious and prone to risky behaviour. That is why appropriate mine
awareness programmes are essential to sensitise children and their
family members to the dangers of landmines. UNICEF's action also
consists everywhere in promoting the ratification and implementation
of the Antipersonnel Mine Ban Convention.
Rehabilitation: Supporting Community Based Rehabilitation
In several mine affected countries, UNICEF is supporting the NGOs
that provide assistance to landmine victims and other persons with
disabilities and in promotion of education opportunities for children
with disabilities.
Providing psychosocial support to children traumatised by
armed conflict
Children living in regions affected by armed conflict are very
likely to endure long-lasting trauma. As part of the rehabilitation
process for children affected by war, UNICEF leads psychosocial
support programmes aiming to address children's traumas resulting from
war.
GSH - 6/8/02
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