NGO Comments on the draft text
Draft article 16

Proposal by Save the Children

Inclusion International
World Federation of the Deaf
World Network of Users and Survivors of Psychiatry
Canadian Association for Community Living
West African Federation of Disabled Persons
World Blind Union
People with Disability Australia Incorporated
Australian Federation of Disability Organisations
(Australian) National Association of Community Legal Centres

Article 16 CHILDREN WITH DISABILITIES

1 States Parties undertake to comply with their obligations to children and young people under a World Fit for All Children ¹ and the Convention on the Rights of the Child (CRC), and nothing within this Convention shall be taken to derrogate from or undermine the rights contained in the CRC. Particularly, States Parties will ensure that children and young people with disabilities equally and without discrimination enjoy the full rights guaranteed under said Convention

2 States Parties recognise that children with disabilities should enjoy a full and decent life, in conditions that ensure dignity, promote self-reliance and autonomy, and facilitate the child’s active participation in the community.

3 States Parties recognise the obligation to respect the evolving capacities ³ of children with disabilities in the exercise of their rights, and the right to express their views freely on all matters affecting them, their views being given due weight in accordance with the age and maturity of the child ⁴ .

4 States Parties recognise the right of children with disabilities to inclusive care, within their community, which shall include:
a. Early provision of appropriate and comprehensive supports and services to enable the full inclusion and active participation of children and young people with disabilities in society and in all spheres of life
b. Supports to children and young people with disabilities and their families within the home environment, to ensure the autonomy and personal integrity of the child is respected and to enable the child to develop towards his or her full potential in society

5 Recognising the rights and needs of children with disabilities, assistance extended in accordance with paragraph 4 of the present article shall be provided free of charge and in a manner conducive to the child’s achieving their full social inclusion and individual development, including his or her cultural and spiritual development

6 Recognising the inherent interdependence of the child with his or her family and community, families or caregivers and in particular mothers ⁴ shall be provided with adequate supports to enable the child to realise his or her full and active participation within the family and community. States Parties shall make appropriate information, referrals and counselling available in ways that provide them with a positive view of their child’s potential and right to live a full and inclusive life. States Parties will also endeavour to change social and cultural attitudes thereby protecting the child and family, especially the mother from negative attitudes and exclusion

7 States Parties shall recognise the particular vulnerability of children and young people with disabilities to abuse and neglect and shall take all appropriate measures to provide assistance, training and education to families, caregivers and persons working with young persons with disabilities to counteract the incidence of abuse.

8 States Parties shall recognise the high incidence of crimes, especially crimes of violence, against children and young people with disabilities, and shall take all appropriate measures to ensure that children and young people with disabilities enjoy, on an equal basis with other children and without discrimination, the right to have crimes against them dealt with appropriately. This should include, but not be limited to, law reform and adaptation of policies and procedures appertaining to evidence and investigative, prosecutorial, and court room procedures.

9 Where children with disabilities are unable to live with their parents, State Parties shall make every effort to provide respite-, day- or alternative family care in the community, the best interest of the child being paramount consideration.

10 States Parties undertake to prohibit the sterilisation of children and young people with disabilities.

Footnotes

1. A World Fit for All Children: Guidelines for Inclusion of the rights of Children with Disabilities in the Convention on the Rights of the Child has been launched in 2003 by Inclusion International and adopted by States Parties except a few, to assist them to meet their obligation to ensure the rights of children with disabilities are met across the said Convention
2. this concept relates to art 5,6,23 and 29 of the CRC
3. this paragraph is related to art 12 of the CRC posing clear obligations on governments to ensure that children and young people are not passive recipients of adult protection, but that they have the right to have a say in all actions and decisions affecting them, from the family to the wider community level. However to date, too little action has been taken by governments around the world to ensure that the right to be heard extends to children with disabilities (Lansdown G. 2001 ‘Its Our World Too!’ A report on the Lives of Disabled Children for the UN General Assembly Special Session on Children, Disability Awareness and Action, London)
4. in many countries it is the mother that is directly affected and ostracised by disability like her child and therefore deserves special support to provide primary care and nurturing and to enable her to play a full and active role in society like all persons .