A guide to using the UN Convention on the Rights of Person

178 Pages·2009·0.7 MB·English

See Me, Hear Me
A guide to using the UN Convention on the Rights of
Persons with Disabilities to promote the rights of children
The UN Convention on the Rights of Persons with Disabilities
represents the culmination of years of advocacy by the
disability community in their struggle for recognition of their
rights. See Me, Hear Me is the first book to look at how this
Convention can be used to support disabled children, alongside
the UN Convention on the Rights of the Child.
This guide’s analysis of the inter-relationship of the two
Conventions, together with practical guidance on advocacy
strategies and illustrations of good practice, make it an
invaluable tool for child and disability rights advocates. It is
also an essential resource for governments in interpreting
and implementing the two Conventions.
See Me, Hear Me includes:
• an overview tool showing the relationship between
individual articles of the two Conventions
• close analysis of the rights of children with disabilities –
acording to the two Conventions – in key areas like SeeMe,HearMe
education, family life, health, and protection
• tips for advocacy work in each of these areas of
children’s rights A guide to using the UN Convention on
• a historical overview of disability rights and the development
of the Convention on the Rights of Persons with Disabilities the Rights of Persons with Disabilities
• the full text of the UN Convention on the Rights of Persons
to promote the rights of children
with Disabilities.
The author, Gerison Lansdown, is an international children’s
rights consultant and has published and lectured widely on the
subject of children’s rights.
£9.95
“an invaluable tool for practitioners committed
to bringing an end to discrimination against
children with disabilities”
Yanghee Lee, Chair of Committee
on the Rights of the Child
savethechildren.org.uk
See Me, Hear Me A guide to using the UN Convention on the Rights of Persons with Disabilities to promote the rights of children
COVER PHOTO: DAN ALDER/SAVE THE CHILDREN
SeeMe,HearMe
A guide to using the UN Convention on
the Rights of Persons with Disabilities
to promote the rights of children
The International Save the Children Alliance is the world’s leading
independent children’s rights organisation, with members in 28 countries
and operational in more than 100. We fight for children’s rights and
deliver lasting improvements to children’s lives worldwide.
Save the Children’s work with children with disabilities
A commitment to fight for the rights of disabled children has been central to
the mission of Save the Children since its inception in 1919. Work with and for
disabled children has included addressing rights to inclusive education, play and
leisure, rehabilitation, family support, alternatives to corporal punishment and other
degrading and humiliating treatment and parent/teacher support. Media campaigns
and advocacy to stakeholders and duty-bearers are also conducted in order
to realise the rights of disabled children and improve support to their families.
More recently, Save the Children has developed innovative approaches to the
participation of children with disabilities to influence decision makers.
Published by
Save the Children
1 St John’s Lane
London EC1M 4AR
UK
[phone]
savethechildren.org.uk
First published 2009
© The Save the Children Fund 2009
The Save the Children Fund is a charity registered in England and Wales
(213890) and Scotland (SC039570). Registered Company No. 178159
ISBN 978 1 84187 123 3
This publication is copyright, but may be reproduced by any method
without fee or prior permission for teaching purposes, but not for resale.
For copying in any other circumstances, prior written permission must
be obtained from the publisher, and a fee may be payable.
Cover photo: Christhian, 6, from Colombia, was turned away from school
because of his physical disability. He now attends a nursery school that is
supported by Save the Children. (Photo: Dan Alder/Save the Children)
Author: Gerison Lansdown
Project team:Tina Hyder and Monica Lindvall
Typeset by Grasshopper Design Company
Printed by Page Bros (Norwich) Ltd
Printed on recycled paper
Contents
Foreword v
About the author vii
Acknowledgements vi
Introduction 1
Glossary 4
Part one: The development of rights for
children with disabilities
1 A brief introduction to human rights 11
What are human rights? 11
Where are human rights documented? 11
2 Historical overview of the rights of people with disabilities 13
Growing awareness of disability as a human rights issue 13
Recognising children with disabilities as subjects of rights 14
Implications of the UN Convention on the Rights of the Child 15
Summary 18
3 Development of the UN Convention on the Rights of
Persons with Disabilities (CRPD) 19
The timeline 19
A paradigm shift 19
Process as important as outcome 20
The significance of the Convention 20
The need for explicit recognition of children within the CRPD 21
Action taken by Save the Children to ensure that the CRPD addressed the rights of
children with disabilities 23
SEE ME, HEAR ME
4 Key provisions of the CRPD 24
Key obligations on specific human rights 24
Procedures for signing and ratification of the Convention 28
Measures of implementation 28
International monitoring 29
Miscellaneous provisions 29
Individual petitions 29
Part two: Implementing the rights of
children with disabilities
5 Responsibility for the implementation of the CRPD 35
The obligations of governments 35
The responsibilities of other actors 53
6 Advocacy to promote implementation 56
Find out about the lives of children with disabilities 56
Build capacity 58
Build networks and alliances 59
Campaign for ratification 61
Advocate for implementation 62
Monitor implementation 65
7 Understanding the rights of children with disabilities:
analysing the UNCRC and the CRPD 67
How the CRPD relates to the UNCRC 68
Table: Relationship between the CRPD and the UNCRC 68
General principles 83
Right to family life 91
Right to social inclusion 99
Right to education 106
Right to participate in play, cultural life, recreation, leisure and sport 117
Right to the best possible health 121
Right to an adequate standard of living 124
Right to protection from all forms of violence and abuse 128
Right to justice and liberty 134
Rights in situations of emergency and conflict 136
Appendix 1:The UN Convention on the Rights of Persons with Disabilities
and Optional Protocols 138
Appendix 2: Useful references 163
Appendix 3: Background to the development of this guide 166
References 168
Foreword
The Convention on the Rights of Persons denied a voice, and lack access to family life,
with Disabilities represented the culmination information, play, sport, art or culture. Indeed,
of many years of consistent advocacy by the in the overwhelming number of countries
disability community in their struggle for reviewed, it has been necessary to make
recognition of their rights. Both the strength recommendations for action to overcome
of the text, and its signature on the opening neglect or violation of rights.
day in March 2007 by representatives of
81 countries, are testimony to the effectiveness The Committee on the Rights of the Child
of their advocacy in highlighting the urgent therefore strongly welcomes the adoption
need for action to address the human rights by the United Nations General Assembly of
violations they face in countries throughout the Convention on the Rights of Persons
the world. The Convention marks a turning with Disabilities, which emphasises that the
point: it asserts that the rights of people with barriers to the enjoyment of rights lie not in
disabilities must be recognised and respected the disability itself, but in the social, physical,
on an equal basis with others; it provides economic, cultural and attitudinal barriers faced
a comprehensive and coherent analysis of by people, including children, with disabilities.
the measures needed to overcome the It will serve as a powerful and complementary
discrimination, poverty, violence, neglect, tool to the Convention on the Rights of the
isolation and denial of independence and Child: while the latter establishes the human
human dignity they face. It also provides rights of children, the Convention on the
mechanisms to hold governments to account Rights of Persons with Disabilities provides the
in implementing those measures. detailed elaboration of the measures needed
for their realisation. The Committee hopes
Importantly, the Convention provides a clear that there will be rapid and widespread
focus on the obligations of governments in ratification of the new Convention and its
ensuring that the rights of children with optional protocol.
disabilities are protected. The Committee on
the Rights of the Child, in its reviews of State However, adoption and ratification, although
Party reports, has found consistent evidence of vital, is obviously not sufficient. The Convention
the challenges faced by children with disabilities must also be implemented. Civil society
in realising their rights. There are an estimated organisations will continue to play a central
200 million children with disabilities across the role in ensuring that this happens. The advocacy
world, more than 80% of whom live in the that has been so successful at international level
developing world with little or no access now needs to be replicated at national level,
to healthcare or education. They are with those working for disability and for
disproportionately likely to live in poverty, children’s rights collaborating and utilising each
experience physical and sexual violence, be others’ knowledge and expertise. Joint advocacy
v
SEE ME, HEAR ME
will have the greatest impact in persuading make it an invaluable tool for practitioners
governments to introduce the necessary committed to bringing an end to discrimination
legislation, policies, resources, public awareness against children with disabilities. The hurdles
campaigns and government structures to to be overcome are very high. This guide
achieve real change in the lives of children should contribute to ensuring that they are
with disabilities. not insurmountable.
This guide represents a significant contribution Yanghee Lee
towards that process. Its detailed analysis of the Chair of the Committee on the Rights of
two Conventions, and their interrelationship, the Child and Professor of Child Psychology
together with practical guidance on strategies and Education, Sungkyunkwan University,
for advocacy and illustrations of good practice, South Korea
vi
About the author
Gerison Lansdown is an international children’s of children with disabilities. She is currently
rights consultant and has published and lectured vice-chair of UNICEF-UK, an associate of the
widely on the subject of children’s rights, both International Institute for Child Rights and
nationally and internationally. On behalf of Save Development in Victoria, and co-director
the Children, she was actively involved in the of CRED-PRO, an international initiative to
drafting of the Convention on the Rights of develop child rights educational programmes
Persons with Disabilities from the perspective for professionals working with children.
vii
Acknowledgements
Many people have contributed their time and Kicki Nordstrum, Sharon Owen,Victor Pineda,
energy to the development of this guide. Sadly, Bob Ransom, Shantha Rau, Richard Rieser,
we are unable to list everyone, but would Zuhy Sayeed, Helen Schulte.
particularly like to thank all participants at the
regional consultation for south and central Asia And thanks to the following staff and former
on children’s rights and the United Nations staff from Save the Children: Bill Bell, Artan
Convention on the Rights of Persons with Bllaca, Eva Geidenmark, Helen Pinnock, Emira
Disabilities, in Dhaka, Bangladesh in June 2007, Pruthi, Aisha Saeed, Alaa Sebeh, Bandana
and those who attended the regional Shrestha, Lene Steffen, Jumanah Zabaneh.
consultation for the Middle East and North Special thanks to Marlies van der Kroft.
Africa on the Convention on the Rights of
Persons with Disabilities in Sanaa,Yemen in Save the Children Denmark provided financial
October 2007. support for the production of this guide.
Thanks to the young people who attended the We would especially like to acknowledge
drafting meeting: Nazma Akter, Nazma Huda Gerison Lansdown, the author of this guide, for
Rubel, Shi Yanxia,Yao Yue, Nancy Maguire, Lucia her hard work and dedication to the realisation
Bellini and Lucy Mason. of the rights of children with disabilities.
We would also like to thank the following Tina Hyder
individuals for their input and support: Save the Children UK
Khandaker Jahurul Alam, Signe Hojsteen, Hazel
Jones, Maheshwar Ghaimire, Marjorie Gillies, Monica Lindvall
Yanghee Lee, Charlotte McClain, Peter Newell, Save the Children Sweden
viii
Introduction
There are an estimated 200 million children same as other children, and are widely seen as
with disabilities in the world, out of a global not being capable of, or needing, love, affection,
population of about 2 billion children.1 humour, friendship, cultural and artistic
In other words, approximately 10% of the total expression and intellectual stimulus. They are
population of children, the majority of whom segregated, marginalised and isolated, and can
live in developing countries, are born with a be subjected to physical and sexual violence
disability or become disabled during childhood. with relative impunity. Rates of early death for
A significant number of the impairments, and children with disabilities may be as high as 80%
consequent disability, experienced by children in countries where mortality rates for under-
are directly caused by preventable factors, fives as a whole have decreased below 20%.
including poverty, malnutrition, violence, Children with disabilities are defined by and
accidents, trauma, war and preventable disease. judged by what they lack rather than what
they have. Their consequent isolation can be
So, what are the implications for these children? extreme. Their very existence is widely denied
Children with disabilities are not valued the – too often, their births are not registered,
A snapshot of the lives of children with disabilities
• Up to 200 million children globally have a disability.2
• Children with disabilities are disproportionately likely to live
in poverty.3
• Children with disabilities are disproportionately vulnerable to
both physical and sexual abuse.4
• Mortality for children with disabilities may be as high as 80% in
countries where under-five mortality as a whole has decreased
to below 20%.5
• Parents and medical professionals who murder children with
disabilities often receive reduced sentences and use ‘mercy killing’
defences – this reflects the belief that the lives of children with
disabilities are not of equal value to other children.6
• At least 90% of children with disabilities across the developing
world have no access to education.7
• Access to justice is routinely denied because children with
disabilities are not considered credible witnesses.8
1