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Article 7 - Children with
disabilities
Background Documents | Article
7 Background
Seventh Session | Sixth Session | Fourth
Session | Third Session
Working Group | References
Sixth Session
Governments
Non-governmental organizations
International Disability Caucus
Society of Catholic Social Scientists
Comments, proposals and amendments submitted electronically
Governments
Proposals by Argentina on Draft Article 16 - CHILDREN WITH DISABILITIES
Par. 1
States Parties undertake to ensure that each child with a disability within their jurisdiction shall enjoy, without discrimination of any kind on the basis of disability, the same rights and fundamental freedoms as other children, in accordance with the Convention on the Rights of the Child.
Par. 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
Par. 3
States Parties recognise the right of children with disabilities to inclusive care, considering their special needs, which shall include, among others, early provision of appropriate and comprehensive services as well as all assistance which is appropriate to the child's condition.
Par. 4
Recognising the needs of children with disabilities, assistance extended
in accordance with paragraph 3 of the present article shall be provided
free of charge, whenever possible, taking into account the financial resources
of the parents or others caring for the child and shall be designed to
ensure that a child with a disability has effective access to and receives
education, training, health care services, comprehensive [re]habilitation
services, preparation for employment and recreation opportunities in a
manner conducive to the child's achieving the fullest possible social integration
and individual development, including his or her cultural and spiritual
development
Par. 5
Children with disabilities and their parents or other persons caring for
or legally responsible for the child shall be provided with appropriate
information, referrals and counselling, and information made available
in these ways should provide them with a positive view of their potential
and right to live a full and inclusive life, taking into account the
best interests of the child. [text from Draft Article 17, par.1.d]
Replace Article 16 with:
$ addition of the principles of the best interests of the child and the right of the child to express his or her own views in Article 2
$ a strong general provision in Article 4 to ensure the full and equal enjoyment of human rights by every child with a disability without discrimination.
$ references in specific articles to mainstream and address issues specific to children with disabilities throughout the Convention, such as article 6 on statistics, which already includes a reference to age, article 12 on freedom from violence and abuse, article 14bis on the family, which already includes references to children, article 17, which already addresses the education of children, article 21 on health and rehabilitation or habilitation, and article 24 on participation in cultural life, recreation, leisure, and sport.
$ open to a specific article if there are issues which cannot be better addressed elsewhere.
Article 2:
new subpara e)bis:
“The best interests of the child, which shall be a primary consideration in all actions concerning children with disabilities;”
new subpara e)ter:
“The right of every child with a disability to express his or her own views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.”
Article 4: new subpara:
“To respect and ensure the equal enjoyment of all human rights and fundamental freedoms by every child with a disability without discrimination of any kind;”
Article 12: new subpara 6bis:
“States Parties recognize the particular vulnerability of children
with disabilities, and shall therefore take special measures to protect
children with disabilities from all forms of violence, injury or abuse,
neglect or negligent treatment, maltreatment or exploitation, including
sexual exploitation and abuse.”
Article 21: new subpara:
“Ensure in particular that every child with a disability has access to health care and habilitation services that address his or her particular needs;”
Article 24: new subara:
“States Parties shall ensure in particular that every child with a disability has equal access to play and recreational and leisure activities appropriate to his or her age, and can participate freely and fully in cultural life and the arts on an equal basis with other children.”
AHC6 - article 16 Canadian statement Aug 2 2005
$ Canada reaffirms its strong commitment to the Convention on the Rights of the Child, and the promotion and protection of the rights of every child. We agree with many other delegations who have noted the particular vulnerability of children with disabilities because of their young age and disability.
$ We have noted however the comments of many disabilities organizations that article 23 of the Convention on the Rights of the Child is not sufficient to address all of the issues relating to children with disabilities. In particular, we have noted the comments that confining the issue of disabilities to one article in that convention has had the effect of limiting attention and reporting on children with disabilities to this article.
$ Canada therefore supports adding strong language to this convention to more fully address issues related to children with disabilities.
$ However, we are of the view that article 16 of the working group text, which essentially repeats with variations article 23 of the CRC, is not a very useful addition to this convention as it does little more than repeat an obligation that almost every state already has and therefore has little added value. In addition, we want to avoid limiting the focus on children with disabilities to one article.
$ In Canada’s view, an essential objective of this convention should be to highlight the issue of children with disabilities so as to raise awareness and ensure that children with disabilities can enjoy all their rights without discrimination.
$ Instead of article 16, Canada would therefore support adding strong general provisions in Article 2 and/or 4 to ensure the full and equal enjoyment of human rights by all children with disabilities without discrimination. Such an initial general provision in the convention would help raise awareness and apply across the convention.
$ In addition, Canada is of the view that issues specific to children with disabilities should be mainstreamed and addressed in detail where necessary in specific articles that address relevant subjects, such as article 6 on statistics, article 12 on freedom from violence and abuse, article 14bis on the family, article 17, which already addresses education, including children, article 21 on health and rehabilitation or habilitation, and article 24 on participation in cultural life, recreation, leisure, and sport.
$ If there are issues specific to children with disabilities that are not addressed elsewhere and would not be better addressed as part of more comprehensive existing articles, Canada would be open to addressing them in a specific article. Such an article should not however repeat provisions contained in other instruments.
$ Canada is willing to work with the facilitator in order to develop specific proposals to ensure that issues relating to children with disabilities are comprehensively addressed in this convention.
EU Proposal to replace Article 16 (Children with Disabilities)
Preamble
Recognising that children with disabilities should have full enjoyment of all human rights on an equal basis with others, without discrimination on the basis of disability, and recalling obligations to that end undertaken by States Parties to the Convention on the Rights of the Child,
Article 4
1. States Parties undertake to ensure the full realisation of all rights and fundamental freedoms for all individuals within their jurisdiction without discrimination of any kind on the basis of disability. To this end, States Parties undertake:
(e) ter: “to take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights without discrimination of any kind based on disability;”
HOLY SEE
Article 16, 1: replace what currently appears with:
States parties recognize that children, especially children with disabilities, by reason of their physical and mental immaturity, need special safeguards and care, including appropriate legal protection, before as well as after birth, and should be fully prepared to live an individual life in society and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations and in particular in the spirit of peace, dignity, tolerance, freedome, equality and solidarity.
Article 16, 2: Adjust the text, adding "their inherent" "and worth" and "in adulthood" so that the text reads:
State parties recognize that children with disabilities should enjoy a full and decent life, in conditions that ensure their inherent dignity and worth, promote self reliance and autonomy in adulthood and faciliates the child's active participation in the community.
Article 16
The State of Israel supports the inclusion of Article 16 in the Convention. Accordingly, we propose to add the following paragraphs to the Draft Convention:
1. States Parties shall take all appropriate measures to ensure that children with disabilities are afforded equal respect with other children with regard to:
(a) their right to express their views freely in all matters affecting them, their views being given due weight in accordance with their age and maturity;
(b) recognition of their evolving capacities to exercise their rights, including the right to give informed consent to medical treatment.
2. States Parties shall ensure that provision of mainstream services provided for children, including child protection services, are fully adapted, and equally accessible and available to children with disabilities.
3. States Parties shall ensure that children with disabilities, who are victims of crime, have access to the legal system through:
(a) provision of age-appropriate accommodations, services and support;
(b) appropriate respect for their capacity to give testimony;
4. States Parties shall recognise and take appropriate measures to respect the rights of children with disabilities in accordance with all the provisions of the Convention on the Rights of the Child and the present Convention.
JAPAN
Proposal by the delegation of Japan on Article 16
States Parties shall recognize and take appropriate measures to respect the rights of children with disabilities in accordance with Article 23 of the Convention on the Rights of the Child and other relevant provisions of the Convention.
Draft Article 16
CHILDREN WITH DISABILITIES 1
1. States Parties undertake to ensure that each child with a disability
within their jurisdiction shall enjoy, without discrimination of any kind
on the basis of disability, the same rights and fundamental freedoms as
other children.
2. States Parties shall ensure that children with disabilities 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 right of children with disabilities to
inclusive care, which shall include:
(a) early detection, intervention and provision of appropriate and comprehensive
services;
(b) the extension, subject to the maximum extent of available resources,
to the eligible child and those responsible for his or her care, of assistance
for which application is made and which is appropriate to the child's condition
and to the circumstances of the parents or others caring for the child;
4. Recognising the needs of children with disabilities, assistance extended
in accordance with paragraph 3 of the present article shall be provided
free of charge, whenever possible, taking into account the financial resources
of the parents or others caring for the child and shall be designed to
ensure that a child with a disability has effective access to and receives
education, training, health care services, comprehensive [re]habilitation
services, preparation for employment and recreation opportunities in a
manner conducive to the child's achieving the fullest possible social integration
and individual development, including his or her cultural and spiritual
development;
5. Children with disabilities and their parents or other persons caring
for or legally responsible for the child shall be provided with appropriate
information, referrals, training , and counselling, and skills made available
in these ways shall aim at providing them with a positive view of their
potential and right to live a full and inclusive life.
(5) bis. States parties recognise the particular vulnerabilities of children
with disabilities to sexual abuse and exploitation, and shall ensure their
protection.
(6) bis. States parties undertake to give particular attention to children
with disabilities who are infected or affected by illnesses of a terminal
nature or illnesses or conditions which tend to encourage social stigmatisation.
States parties will provide such children with affordable and accessible
life-saving drugs and treatment.
Draft Article 16 : Children with Disabilities
2. State Parties recognize that children with disabilities should enjoy a full and decent life, in conditions that ensure dignity, promote self-reliance and autonomy, and [facilitate- delete] [provide the enabling environment for – insert] the child’s active participation in the community [and society. – add]
3. State Parties recognize the Right ………
(a) Early detection, [assessment – insert], identification of disability
and provision of appropriate and comprehensive services;
(b) The extension, subject to available resources to the eligible child and those responsible for his or her care, of assistance [for which application is made – delete] which is appropriate to the child’s condition and to the circumstances of the parents or others caring for the child
5. Children with disabilities and their parents or other persons caring for or legally responsible for the child shall be provided with appropriate information, referrals and counseling, ensuring that such information should have a positive view of child’s potential and right to live a full and inclusive life [reformulation of original 5]
(5bis: States Parties recognize the vulnerability of children to sexual
abuse and exploitation, and to other forms of abuses, and shall endeavor
to ensure their protection)
Non-governmental organizations
INTERNATIONAL
DISABILITY CAUCUS
- Draft proposal
1. States Parties shall ensure that children with disabilities shall enjoy a full and participative life, in conditions that ensure dignity, promote self reliance, and facilitate their active involvement in their community, society and all spheres of life. Assistance extended in accordance with the realisation of these rights shall be provided free of charge whenever possible, taking into account the financial resources of the parents, or others caring for the child.
2. States Parties shall take all appropriate measures to ensure that children with disabilities are afforded equal respect with other children with regard to:
(a) their right to express their views freely in all matters affecting them, their views being given due weight in accordance with their age and maturity;
(b) recognition of their evolving capacities to exercise their rights, including the right to give informed consent to medical treatment.
3. States Parties shall take all appropriate measures to ensure that children with disabilities shall be registered immediately after birth and shall have the right to a name, and the right to acquire a nationality.
4. Recognising the right of children with disabilities to family life, States Parties shall undertake:
(a) to provide early and comprehensive information, services and support to children with disabilities and their families, to promote their optimum development and to ensure that they are able to be cared for within their family, be an active participant in family life, and to enable their full social inclusion, and equality of opportunity;
(b) where the immediate family is unable to care for a child with disabilities, to make every effort to provide alternative care within the wider family, and failing that, within the community;
(c) to ensure that children with disabilities shall not be institutionalised on the basis of their disability;
5. States Parties shall ensure that provision of mainstream services provided for children, including child protection services, are fully adapted, and equally accessible and available to children with disabilities.
6. States Parties shall ensure that children with disabilities, who are victims of crime, have access to the legal system through:
(a) provision of age-appropriate accommodations, services and support;
(b) appropriate respect for their capacity to give testimony;
7. States Parties shall recognise and take appropriate measures to respect the rights of children with disabilities in accordance with all the provisions of the Convention on the Rights of the Child and the present Convention.
- Information sheet
Although the rights of children with disabilities are expressly included in the Convention on the Rights of the Child, this has not been sufficient to address violations of their rights. Governmental responses to children with disabilities continue to focus on health and welfare interventions, and there has been a consistent failure to undertake the necessary measures to promote to the realisation of their wider rights.
The case for the inclusion of a dedicated article on children within this Convention is fourfold.
1 It strengthens the provisions in the Convention on the Rights of the Child to require positive action on the part of governments to implement the rights it embodies in respect of children with disabilities. Currently, children with disabilities suffer continuing discrimination, for example, in respect of birth registration, inadequate access to legal justice, and opportunities to express their views and have them taken seriously.
2 It strengthens obligations on governments to mainstream disability within services, facilities and opportunities available to non-disabled children. The Convention on the Rights of the Child places emphasis on the provision of ‘special’ services for children with disabilities. Although all the rights it embodies extend equally to children with disabilities, in practice this does not happen. This Article renders the obligation to do so more explicit.
3 It affirms that the provisions of this Convention apply equally to children as well as adults with disabilities. Without such explicit recognition, there is a strong probability, as happened with earlier human rights treaties, that the rights of children are largely disregarded.
4 It addresses specific rights which apply to children only, and would not otherwise be raised in the text of the Convention, for example, child protection, respect for the child’s evolving capacities, and care within families.
Article 16 seeks to ensure that the rights embodied both within the Convention on the Rights of the Child and the present Convention are fully respected for children with disabilities. Without its inclusion, the risk is that they are marginalised in both.
SOCIETY OF CATHOLIC SOCIAL SCIENTISTS
Statement – Article 16
August 2, 2005
Thank you Mr. Chairman for this opportunity to address this distinguished
assembly.
The Society of Catholic Social Scientists would like to speak in favor of the
inclusion of article 16 – an article that deals specifically with the
rights of children with disabilities. Children with disabilities are doubly
vulnerable – one, because they are children, and two, because they also
have a disability.
In this view of the SCSS commends UGANDA for its past intervention to protect
children with disabilities from sterilization. And the SCSS also commends and
supports the interventions of the PHILLIPINES and the HOLY SEE to ensure that
children with disabilities are not targeted before birth for discrimination
and often life-threatening treatment precisely because of their disability.