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
regard, particular account shall be taken of the needs
of developing countries.
Interpretation: There is a wide range of disabling
conditions, including physical disabilities, developmental
disabilities, mental retardation, sensory deprivation and
health related educational and behavioral problems.
Under article 2, States Parties are required to ensure and
respect all rights set forth in the Convention to disabled
children within their jurisdiction. Article 23 provides
further guidance on realizing the rights of disabled
children. The disabled child must be respected as a
subject of rights and should be provided with conditions
for living that “promote self-reliance” and facilitate
“active participation in the community.” Paragraphs 2
and 3 recognize the right of the disabled child to special
care and “effective access” to various services. Paragraph
4 promotes international cooperation to improve the
capabilities and skills of those providing services for
children with disabilities, particularly in developing
countries.
Many Convention articles relate to causes of disability
and their implementation can help prevent disability, for
example by protecting children from involvement in
armed conflict and from violence and various forms of
exploitation. Articles 6 and 24 (maximum survival and
development; health and health services) are also relevant
to the prevention of disability. 1
Introduction
This paper considers the rights of children with
disabilities, specifically:
• protection and promotion of equality for young
people with disabilities;
• right to special care, including family support, early
education, child care and early intervention;
• access to services, including education, employment
training, health care and rehabilitation;
• recreation and play; and
• Canada’s international efforts with regard to
disability issues.
Statistics Canada estimates that in 1991, there were
approximately 534,430 children and youth (7.2 percent of
all Canadian children) between 0 and 19 years with at
least one disability. Eighty-five percent of these children
were considered to have mild disabilities, 11 percent
moderate and four percent severe disabilities. 2
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Definition of Disability
According to Statistics Canada’s Health and Activity
Limitation Survey (HAL survey), children (0 to 14 years)
were considered to have a disability if they had any one
of the following characteristics:
• difficulty hearing, seeing or talking;
• a chronic condition such as diabetes or muscular
dystrophy;
• use technical aids, such as crutches, hearing aids or
braces;
• a long-term condition or problem that prevented or
limited participation in school, at play or in any
regular age-appropriate activity;
• attendance at a special school or in special classes;
• a long-term emotional, psychological, nervous or
mental health condition; or
• any other general limitation.
Youth (15 to 19 years of age) were considered to have a
disability if they:
• had difficulty completing one or more of 17
activities of daily living (such as walking a flight of
stairs, cutting food or reading a newspaper); or
• were limited in the kind or amount of activity they
could perform at home, school, work or for recreation
due to a long-term physical condition, emotional,
psychological, nervous or mental health condition, a
mental handicap or health problem. 3
Statistics Canada’s 1991 HAL survey is the most current
national research on children with disabilities and there is
no commitment to conduct another such survey.
Unfortunately, the survey aggregated all children
between birth and age 14 so it is not possible to separate
information on preschool children from school-aged
children.
According to HAL survey results, in the 0 to 14-year age
group with disabilities:
• almost 76 percent have a health problem or chronic
long-term condition;
• 46 percent have a disability or long-term health
condition, which limits or prevents participation in
school, play or other pursuits;
• almost 11 percent have a long-term emotional,
psychological, nervous or mental health condition
limiting their activity;
• learning disabilities are the most common long-term
condition;
• a higher proportion of boys are affected by all
conditions; and