UN Convention on the Rights of the Child

Lessons to be learned for the UN Convention on the Rights of Persons with Disabilities

Goal of Workshop

 UNCRC – what was successful and why?

 UNCRC – what was unsuccessful and why?

 What are the recommendations for the implementation of the UNCRPD?

 What is one thing you would change if you could, relating to implementation?

UNCRC – Key Facts

 Origins: Declaration on the Rights of the Child drafted 1923 by Eglantyne Jebb, founder of Save the Children  1979 International year of the child  1989: UNCRC adopted by UN  NGO involvement strong , but not DPO  1991: monitoring Committee on the Rights of the Child established

UNCRC - content

 Covers whole spectrum of rights: civil, political, economic, social and cultural  First human rights treaty to specifically mention disability, Articles 2 and 23  General principles:  Article 3: Best Interests of the Child  Article 12: Participation  Article 2: Non-discrimination  Article 6: Survival and Development

UNCRC: Disabled Children

 Article 23: good that it drew attention to disabled children, and obligates Committee and States  Article 23: bad in that it  reinforced disability and medical/health issue  Refers to special needs but not basic needs  Talks of provisions being subject to available resources  Seems to assume special provision rather than inclusion

UNCRC:1997 CRC theme day

 Shifted agenda from Article 23 to the general principles (Articles 2,3, 6,12.)  Creation of Working Group: Rights for Disabled Children. Consisting of DPOs and Child Rights agencies  Disabled children’s self advocacy: two disabled young persons from South Africa made the opening address

CRC Disability Day: what then?

 Analysis of Government reports and feedback to Committee (CRC)  Improved scrutiny by CRC  Recommendation to draft a General Comment (realised in 2006)  Research into violations and good practice by SC Alliance and DAA  Increased self-advocacy of disabled children

Publications on Disabled Children’s Rights – good practice and abuses

It is Our World Too! A Report on the Lives of Disabled Children Rights for Disabled Disabled Children’s Rights – A Practical Guide. Save the Children Alliance 2001 Children 2001

UNCRC: Issues related to Violations

 Major gaps in evidence: Disabled children and sexual abuse, child labour, conflict situations, juvenile justice, drug abuse, family reunification.   Invisibility: violations not noticed/seen as important or relevant to disabled children Indivisibility of rights: some examples of ‘good practice’ violate other rights  Some impairment groups more invisible than others

UNCRC Violations: examples

 Discrimination (Art 2):  Direct: different laws for disabled children.

 In-direct discrimination; neglect, inaction   Absence or non-implementation of policy Multiple discrimination – disabled+refugee – slip between both nets  Equal rights does not mean equal treatment. Art 23 should be to enable other rights to be accessed.

Violations: continued

   Survival and Development (Art 6): belief that disabled children do not have same right to life – kinder to ‘let them die’. Poverty = more threatening to life/development of DC Best Interests (Art 3): different standards for DCs; ‘OK’ to send them away from families, ‘OK’ to subject them to painful treatment Participation (Art 12):    DCs not seen as actors in their own lives. Children who need alternative communication methods Discrimination against children with learning disability

UNCRC: Violations summary

 Neglect, abuse, abandonment and killing tolerated  Institutional, parental, professional and peer abuse tolerated  Forced segregation, exclusion and marginalisation in education  Higher rates of sexual abuse  Increased vulnerability in conflict, emergency, refugee situations and in relation to HIV/AIDs

UNCRC: Good practice

     Disaggregation of data: gender, age and disability Non-discrimination policy and practice Shift from charity/medical to rights based Participation: need for self-advocacy Comprehensive, rights based programmes

Good Practice (cont)

      Self-advocacy and listening to disabled children Support, information for families/communities Inclusive education Accessible environments and communication De-institutionalisation Collaboration between DPS and NGOs

Things to change:

 Article 23: wording and exclusive focus  Collaboration between Child Rights NGOs and Disabled Peoples Organisations (all impairments)  Disabled Child Self Advocacy  Disaggregated data collection  Pro-active addressing gaps in information

General Comment 2006 CRC/C/GC/9

 Poverty and disability highlighted  Serious barriers to full enjoyment of rights

not the disability itself

but

social, cultural, attitudinal and physical barriers

 Specific recommendations to States to combat discrimination  Promotes inclusion into society (16)  Highlights importance of allocating resources (22)  Highlights violations of right to life

General Comment (cont)

  Views of the child: highlights involvement in decision making and full participation Civil rights spelt out – birth registration, access to communication technologies, accessible transport  Concerns around abuse and institutionalisation  Sites Inclusive Education as the ultimate goal

Disabled Children lobbying in New York January 2006

Representatives from Bangladesh, China and UK

Lobbying in the UN, January 2006

I am very happy to raise issues related to the disable children. It is nice for me to say some thing in front of global community.

Nazma (Bangladesh