Poste - Canadian Coalition for the Rights of Children

C A N A D I A N C O A L I T I O N F O R T H E R I G H T S O F C H I L D R E N
UN Reporting Category:
Basic Health and Welfare
convention
article 23
Children with
Disabilities
Article 23 recognizes that children with disabilities have
the right to enjoy full and decent lives. They are entitled
to special care, assistance and effective services,
including education, training, health care, rehabilitation,
preparation for employment and recreation opportunities.
This assistance is to be provided free of charge, whenever
possible, considering the financial resources of the
parents or others caring for the child.
In Canada, an estimated 535,000 children and youth
under age 20 have some form of disability. Aboriginal
Canadians have a disability rate that is more than twice
the national average. Surveys indicate that learning
disabilities are the most common long-term condition.
Almost 46 percent of children younger than 15 years of
age with a disability have a disability that limits or
prevents participation in school, play or other pursuits;
almost 18 percent use a technical aid, such as a hearing
aid, medically prescribed footwear or a brace. The
number of children with disabilities continues to increase
as medical advances significantly improve survival rates.
There is insufficient funding for the early diagnosis of
children with disabilities and appropriate programs and
services, such as child care, early education and early
intervention. These services are often treated as
discretionary expenditures, rather than as rights, and are
subject to elimination or cutbacks during times of fiscal
restraint.
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While the Canada Health Act ensures free, universal
health care, related expenses such as prescription drugs
are not covered under the Act. Rehabilitation supports
and specialized equipment such as leg braces and
hearing aids are only partially covered, if at all. There
are often long waiting lists for health services that can
lead to early diagnoses and appropriate therapeutic
interventions. There are wide variations in the provision
of services across Canada, often within provinces, and
services may be subject to a means test.
There has been a shift in recent years away from
institutional care to providing services in the
community. This has led to a growing number of
children with disabilities living at home with their
families. These families may require professional home
care, respite care, income supports, child care and
enhanced parental leave. Often, families do not receive
adequate assistance and frequently find themselves
financially, physically and emotionally exhausted by
efforts to care for their children.
All children in Canada aged five, six or seven
(depending on the jurisdiction) to age 16 are required to
attend school. For children with disabilities, however,
the right to appropriate education in the most enabling
environment is not guaranteed. Children in Canada,
including those with disabilities, do not have a right to
early education (preschool). Although every province
and territory has a stated commitment to integrated,
inclusive education, this commitment is not clearly
operationalized in most jurisdictions. Inclusion in
regular classes appears to be more successful for
students with physical disabilities than for those with
multiple, developmental or emotional disabilities.
Although early education can enhance the physical,
emotional and cognitive development of children, few
preschool children with disabilities have access to free,
suitable early education.
Increased demand coupled with cutbacks to education
budgets have resulted in inappropriate educational
services for students with special needs. There are
variations in the services available in communities and
provinces, due to variations in regulations and budgets.
Particularly limited are support services (such as
teaching assistants and consultative supports), training
in inclusionary educational strategies and rehabilitation
services (such as physiotherapy, occupational therapy
and speech therapy).