Promoting the Rights of Children with Disabilities, UNICEF

Innocenti Digest No. 13Promoting the Rights ofChildren with DisabilitiesInnocenti Digest No. 13Promoting the Rights of Children with Disabilities1

The opinions expressed are those of the authors andeditors and do not necessarily reflect the policies or viewsof UNICEF.Front cover photo: © UNICEF/HQ05-1787/Giacomo PirozziDesign and Layout: Gerber Creative, Denmark© 2007 The United Nations Children’s Fund (UNICEF)ISBN: 978-88-89129-60-9ISSN: 1028-3528

Innocenti Digest No. 13Promoting the Rights ofChildren with Disabilities

AcknowledgementsThe UNICEF Innocenti Research Centre in Florence,Italy, was established in 1988 to strengthen theresearch capability of the United Nations Children’sFund and to support its advocacy for childrenworldwide. The Centre (formally known as theInternational Child Development Centre) helps toidentify and research current and future areas ofUNICEF’s work. Its prime objectives are to improveinternational understanding of issues relating tochildren’s rights and to help facilitate the full implementationof the United Nations Convention on theRights of the Child in developing and industrializedcountries. Innocenti Digests are produced by theCentre to provide reliable and accessible informationon specific child rights issues.The underlying research for this issue of theInnocenti Digest was carried out by Michael Miller.It has been updated and completed by Peter Mittlerand David Parker. The Digest was prepared underthe guidance of the Innocenti Research Centre’sDirector, Marta Santos Pais.Thanks are extended to Nora Groce, GulbadanHabibi and Lena Saleh for their expert guidanceand perspectives. This publication benefitedfrom the contributions of participants in an initialconsultation held at UNICEF IRC including TonyBooth, Susie Burrows, Nigel Cantwell, SunilDeepak, Gaspar Fajth, Maryam Farzanegan,Garren Lumpkin, Maura Marchegiani, PennyMittler, Michael O’Flaherty, Richard Rieser, FloraSibanda Mulder, Alan Silverman, Sheriffo Sonko,Marc Suhrcke, Illuminata Tukai, Renzo Vianelloand Christina Wahlund Nilsson. Significantcontributions, including comments on drafts,were subsequently made by Naira Avetisyan, NoraGroce, Geraldine Mason Halls, Garren Lumpkin,Reuben McCarthy, Federico Montero, Kozue KayNagata, Voichita Pop, Smaranda Poppa, MartaSantos Pais, Helen Schulte, Nicola Shepherd andTraian Vrasmas. The input of Nicola Shepherd inrelation to the Convention on the Rights of Personswith Disabilities is particularly acknowledged.Research support was provided by ShaistaAhmed, Adam Eckstein, Virginia Dalla Pozza,Monica Della Croce, Sarah Enright and GeorgStahl. Administrative support was provided byClaire Akehurst. The IRC Communication andPartnership Unit is thanked for providing editorialand production support for the document.The Innocenti Research Centre is grateful to theUNICEF Programme Division, to UNICEF countryand regional offices, and to the United NationsDivision of Economic and Social Affairs and theWorld Health Organization, for their inputs andsupport in this cooperative undertaking.UNICEF Innocenti Research Centre gratefullyacknowledges the support provided tothe Centre by the Government of Italy andspecifically for this project by the Governmentsof Sweden and Switzerland.Previous Innocenti Digest titles are:• Ombudswork for Children• Children and Violence• Juvenile Justice• Intercountry Adoption• Child Domestic Work• Domestic Violence against Women and Girls• Early Marriage: Child Spouses• Independent Institutions ProtectingChildren’s Rights• Birth Registration: Right from the start• Poverty and Exclusion among Urban Children• Ensuring the Rights of Indigenous Children• Changing a Harmful Social Convention:Female genital mutilation/cuttingFor further information and to download or toorder these and other publications, please visitthe website at .The Centre’s publications are contributions to aglobal debate on child rights issues and includea wide range of opinions. For that reason, theCentre may produce publications that do notnecessarily reflect UNICEF policies or approacheson some topics. The views expressed are thoseof the authors and are published by the Centre inorder to stimulate further dialogue on child rights.Extracts from this publication may be freelyreproduced, provided that due acknowledgementis given to the source and to UNICEF.Correspondence should be addressed to:UNICEF Innocenti Research CentrePiazza SS. Annunziata, 1250122 Florence, ItalyTel: (39) 055 20 330Fax: (39) 055 2033 220Email: florence@unicef.orgWebsite: www.unicef-irc.orgii Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

CONTENTSExecutive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . ivEditorial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . 1Promoting inclusion . . . . . . . . . . . . . . . . . . . . . . . . . 1Scope of this Digest . . . . . . . . . . . . . . . . . . . . . . . . . . 1Box 1.1: Disability terminology . . . . . . . . . . . . . . . . . 22 How many childrenwith disabilities?. . . . . . . . . . . . . . . . . . . . . . 3Box 2.1: Changing levels of disability inCEE/CIS and the Baltic States . . . . . . . . . . . . . . . . . . . 43 Disability and inclusion . . . . . . . . . . . . . . . 5The ’social model’ of disability . . . . . . . . . . . . . . . . . . 5Disability and poverty . . . . . . . . . . . . . . . . . . . . . . . . 54 International standardsand mechanisms . . . . . . . . . . . . . . . . . . . . . . . 7Convention on the Rights of the Child . . . . . . . . . . . . 7Box 4.1: Human rights instruments andhigh-level decisions reinforcing the rightsof persons with disabilities . . . . . . . . . . . . . . . . . . . . 8Other international human rightsinstruments and decisions . . . . . . . . . . . . . . . . . . . . . 9UN Standard Rules on the Equalization ofOpportunities for Persons with Disabilities . . . . . . . . . 9Box 4.2: Work of the UN Special Rapporteuron Disability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Convention on the Rights of Personswith Disabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Article 7: Children with disabilities . . . . . . . . . . . . . 11Article 24: Education . . . . . . . . . . . . . . . . . . . . . . . . 11Article 32: International cooperation . . . . . . . . . . . . 11Monitoring implementation of the Convention . . . . . 12Implementation at national level: Next steps . . . . . . 12Millennium Development Goals . . . . . . . . . . . . . . . . 13Box 4.3: Millennium Development Goals. . . . . . . . . . 135 Human rights of children withdisabilities today . . . . . . . . . . . . . . . . . . . . . 14Global review of the rights of childrenwith disabilities by the UN Committeeon the Rights of the Child . . . . . . . . . . . . . . . . . . . . 14Confronting discrimination . . . . . . . . . . . . . . . . . . . 14Box 5.1: Disability and gender . . . . . . . . . . . . . . . . . 15Access to health, rehabilitation andwelfare services . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Access to education . . . . . . . . . . . . . . . . . . . . . . . . 16Institutionalization and lack of appropriate care . . . . 17Protection from violence, exploitation and abuse . . . 19Disability in conflict and emergency situations . . . . . 19Box 5.2: Landmines cause disability in Angola . . . . . 20Participation and access to opportunities . . . . . . . . . 206 Foundations for inclusion . . . . . . . . . . . 22Working with families . . . . . . . . . . . . . . . . . . . . . . . 22Box 6.1: The Portage Model . . . . . . . . . . . . . . . . . . . 23Box 6.2: Parent advocacy in Newham, London . . . . . 24Working with communities . . . . . . . . . . . . . . . . . . . 24Box 6.3: WHO programme ondisability and rehabilitation . . . . . . . . . . . . . . . . . . . 25Community-based rehabilitation. . . . . . . . . . . . . . . . 26Box 6.4: Using local resources toproduce low-cost aids in Mexico andthe Philippines . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26From institutions to communities . . . . . . . . . . . . . . 27Towards inclusive schools and learningenvironments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27Box 6.5: Bulgaria’s National SocialRehabilitation Centre . . . . . . . . . . . . . . . . . . . . . . . 28Box 6.6: Inclusive schooling in Italy:A pioneering approach . . . . . . . . . . . . . . . . . . . . . . 29Box 6.7: Uganda: An example ofinclusive planning . . . . . . . . . . . . . . . . . . . . . . . . . . 29Training teachers for inclusive education . . . . . . . . . 30Box 6.8: Empowering teachers in Lesotho . . . . . . . . 30Involving children with disabilities . . . . . . . . . . . . . . 317 Ensuring a supportiveenvironment . . . . . . . . . . . . . . . . . . . . . . . . . . 32Local governance . . . . . . . . . . . . . . . . . . . . . . . . . . 32Laws and policies . . . . . . . . . . . . . . . . . . . . . . . . . . 32Box 7.1: Nicaragua: Coordination promotesthe rights of children with disabilities . . . . . . . . . . . . 33Box 7.2: Raising disability awarenessin the Maldives . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34“Nothing about us without us” . . . . . . . . . . . . . . . . 34Changing attitudes . . . . . . . . . . . . . . . . . . . . . . . . . 34Budget allocations and priorities . . . . . . . . . . . . . . . 34Box 7.3: Monitoring human rightsviolations and abuse against personswith disabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . 35Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35International and regional partnerships . . . . . . . . . . 358 Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . 38Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39Links . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44Convention on the Rights ofPersons with Disabilities . . . . . . . . . . . . . . . . . . . . . . . . 51Optional Protocol to the Convention onthe Rights of Persons with Disabilities . . . . . . . . . . . . . 66Innocenti Digest No. 13Promoting the Rights of Children with Disabilitiesiii

EXECUTIVE SUMMARYChildren with disabilities and their families constantlyexperience barriers to the enjoyment of their basichuman rights and to their inclusion in society. Theirabilities are overlooked, their capacities are underestimatedand their needs are given low priority. Yet, thebarriers they face are more frequently as a result ofthe environment in which they live than as a result oftheir impairment.While the situation for these children is changing forthe better, there are still severe gaps. On the positiveside, there has been a gathering global momentumover the past two decades, originating with personswith disabilities and increasingly supported by civilsociety and governments. In many countries, small,local groups have joined forces to create regional ornational organizations that have lobbied for reformand changes to legislation. As a result, one by onethe barriers to the participation of persons with disabilitiesas full members of their communities arestarting to fall.Progress has varied, however, both between andwithin countries. Many countries have not enactedprotective legislation at all, resulting in a continuedviolation of the rights of persons with disabilities.The Innocenti Digest on Promoting the Rights ofChildren with Disabilities attempts to provide aglobal perspective on the situation of the some 200million children with disabilities. The Digest is basedon reports from countries across regions and froma wide range of sources. These include accounts bypersons with disabilities, their families and membersof their communities, professionals, volunteers andnon-governmental organizations, as well as countryreports submitted by Member States to the UnitedNations, including to human rights treaty bodiesresponsible for monitoring the implementation ofinternational human rights treaties.This Digest focuses particularly on the Convention onthe Rights of the Child (CRC) and the Convention onthe Rights of Persons with Disabilities (CRPD). Thelatter instrument was signed by an unprecedented81 countries on opening day, 30 March 2007. As of15 August 2007, 101 countries had signed the CRPDand 4 had ratified it. For entry into force, it is necessarythat the Convention receive 20 ratifications. TheDisabilities Convention offers a unique opportunityfor every country and every community to reexamineits laws and institutions and to promote changesnecessary to ensure that persons with disabilitiesare guaranteed the same rights as all other persons.It expresses basic human rights in a manner that addressesthe special needs and situation of personswith disabilities and provides a framework for ensuringthat those rights are realized.Understanding barriers to inclusionThe social model of disability acknowledges that obstaclesto participation in society and its institutionsreside in the environment rather than in the individual,and that such barriers can and must be prevented,reduced or eliminated.Environmental obstacles come in many guises andare found at all levels of society. They are reflectedin policies and regulations created by governments.Such obstacles may be physical – for example barriersin public buildings, transportation and recreationalfacilities. They may also be attitudinal – widespreadunderestimation of the abilities and potential of childrenwith disabilities creates a vicious cycle of underexpectation,under-achievement and low priority inthe allocation of resources.Poverty is a pervasive barrier to participation worldwide,and is both a cause and a consequence ofdisability. Families living in poverty are much morevulnerable to sickness and infection, especially ininfancy and early childhood. They are also less likelyto receive adequate health care or to be able to payfor basic medicines or school fees. The costs of caringfor a child with a disability create further hardshipfor a family, particularly for mothers who areoften prevented from working and contributing tofamily income.Needed actionsThe articles of the Convention on the Rights of Personswith Disabilities spell out the specific areas thatneed to be addressed, as well implementation andmonitoring mechanisms. These are complementaryto the recommendations issued by the Committee onthe Rights of the Child to governments.A major task for international agencies and theirnational partners is to ensure that persons with disabilitiesare automatically but explicitly included in theinitial objectives, targets and monitoring indicators ofall development programmes, including with thoseframed by the Millennium Agenda.At national level a number of specific actions arecalled for by relevant UN standards. The most importantof these actions are to:1.In partnership with organizations of persons withdisabilities undertake a comprehensive reviewiv Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

of all legislation in order to ensure its conformitywith these standards, in particular the inclusion ofchildren and adults with disabilities. All relevantlegislation and regulations should include a prohibitionof discrimination on grounds of disability.2. Provide for effective remedies in case of violationsof the rights of children with disabilities andensure that these remedies are accessible to allchildren, families and caregivers.3. Develop a national plan of action that integratesthe relevant provisions of all applicable internationalinstruments. Such plans should specifymeasurable and timebound targets as well asevaluation indicators, and should be resourcedaccordingly.4. Create a focal point for disability in each relevantdepartment, as well as a high-level multisectoralCoordinating Committee, with members drawnfrom relevant ministries and organizations of personswith disabilities. This committee should beempowered to initiate proposals, suggest policiesand monitor progress.5. Develop independent monitoring mechanisms,such as an Ombudsperson or Children’s Commissioner,and ensure that children and families areaware of and fully supported in gaining access tosuch mechanisms.6. Make concerted efforts to ensure that the necessaryresources are allocated to and for childrenwith disabilities and their families. This includesfree primary and secondary education in accessiblebuildings, training of teachers and other professionals,financial support and social security.Each child should be provided with appropriateindividual support, including assistive devices,sign language, Braille materials and a differentiatedand accessible curriculum.7. Establish programmes for the deinstitutionalizationof children with disabilities, placing them withtheir families or with foster families who shouldbe assisted with professional and financial support.National standards of care and appropriatetraining should be in place and rigorously monitoredto safeguard the rights of those childrenthat remain in institutions.8. Conduct awareness-raising and educational campaignsfor the public, as well as specific groupsof professionals, with the aim of preventing andaddressing the de facto discrimination of childrenwith disabilities.9. Implement a system of community services andsupport for children with disabilities.10. Ensure that organizations of persons with disabilitiesare consulted in relevant planning and policymaking, and are duly represented and financiallysupported in extending their activities. Childrenwith disabilities should be supported in makingtheir voices heard.Such actions taken by governments will promote andfacilitate the efforts by families and communities insupport of children with disabilities.ConclusionsIn countries the world over children with disabilitiesand their families continue to face discrimination andare not yet fully able to enjoy their basic human rights.The inclusion of children with disabilities is a matter ofsocial justice and an essential investment in the futureof society. It is not based on charity or goodwill but isan integral element of the expression and realizationof universal human rights.The last two decades have witnessed a gatheringglobal momentum for change. Many countries havealready begun to reform their laws and structures andto remove barriers to the participation of persons withdisabilities as full members of their communities.The Convention on the Rights of Persons with Disabilities,building upon the existing provisions of the Conventionon the Rights of the Child, opens a new erain securing the rights of children with disabilities andtheir families. Together with the Millennium Agendaand other international initiatives, these internationalstandards lay the foundation for each country and communityto undertake a fundamental review of the situationof children and adults with disabilities and to takespecific steps to promote their inclusion in society.Innocenti Digest No. 13Promoting the Rights of Children with Disabilitiesv

EditorialThe rights of all disabled people, including thoseof children, have been reiterated and given a newimpetus with the Convention on the Rights ofPersons with Disabilities, which was signed onopening day, 30 March 2007, by the representativesof an unprecedented 81 countries. This follows anunequivocal statement made by Heads of Stateand Government, adopted by the United NationsGeneral Assembly following the May 2002 SpecialSession on Children:Each girl and boy is born free and equal in dignityand rights; therefore, all forms of discriminationaffecting children must end.... We will take allmeasures to ensure the full and equal enjoymentof all human rights and fundamental freedoms,including equal access to health, education andrecreational services, by children with disabilitiesand children with special needs, to ensure therecognition of their dignity, to promote their selfreliance,and to facilitate their active participationin the community. 1The daily reality for most children with a disabilityis that they are often condemned to a ’poor start inlife’ and deprived of opportunities to develop to theirfull potential and to participate in society. They areroutinely denied access to the same opportunitiesfor early, primary and secondary education, orlife-skills and vocational training, or both, that areavailable to other children. They either have no voiceor their views are discounted. Although they areinvariably more vulnerable to abuse and violence,their testi-mony is often ignored or dismissed.In this way, their isolation is perpetuated as theyprepare for adult life.Yet there are changes for the better. Much hasbeen accomplished by governments and theirpartners working at all levels of society. Increasingnumbers of children who would have previouslybeen sent to segregated schools or even beendenied an education altogether now attend regularclasses at their local school and are accepted asmembers of their local community. Achievingthe full participation in society of children withdisabilities is an objective of the global disabilityrights movement, a powerful initiative by personswith disabilities to claim their basic human rights.This movement is gaining momentum and hasrecorded impressive achievements. Disabledpersons’ organizations have successfully promotededucation reforms in many countries, and theyhave been recognized as a major force behind theprocess leading to the Convention on the Rights ofPersons with Disabilities.vi Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

While there are grounds for optimism, we are still farfrom seeing all the world’s 200 million children withdisabilities enjoying effective and equitable access tobasic social services and meaningful participation insociety. For example, around 90 per cent of childrenwith disabilities in developing countries do notattend school.Society must adapt its structures to ensure that allchildren, irrespective of age, gender and disability,can enjoy the human rights that are inherent to theirhuman dignity without discrimination of any kind. Internationalhuman rights standards, including the Conventionon the Rights of the Child, the UN StandardRules on the Equalization of Opportunities for Personswith Disabilities and the Convention on the Rights ofPersons with Disabilities, all point the way towardsovercoming discrimination and recognizing the rightto full participation of children with disabilities – in thehome and community, in school, health services, recreationactivities and in all other aspects of life.This Innocenti Digest addresses inclusion in the widestsocietal sense and gives particular attention toinclusive strategies for all levels of education. Earlychildhood development interventions and informaleducation play a critical role in promoting children’sdevelopment and in preparing them for adult life asactive participants in the local community and society.It is a means for raising children’s awareness of theirrights and overcoming prejudice and discrimination.Through education children acquire the skills necessaryto reach their full potential, both as individualsand citizens. Education offers one of the most effectivemeans to break the cycle of poverty that all toooften overtakes children with disabilities and theirfamilies. Education can also prepare other childrenand the surrounding community to promote inclusionand to be more receptive to and supportive of childrenwith disabilities.Disability cannot be considered in isolation. It cutsacross all aspects of a child’s life and can have verydifferent implications at different stages in a child’slife cycle. Many of the initiatives to promote therights of children with disabilities overlap with thosefor other excluded groups. This Innocenti Digestaims, therefore, to encourage actors at all levels −from the local to the international − to include childrenwith disabilities in all their programmes andprojects and to ensure that no child is left out.The information presented here makes it abundantlyclear that real progress is possible in all countries,including the poorest, and that obstacles seeming tobe insurmountable can be overcome.Marta Santos PaisDirectorUNICEF Innocenti Research CentreInnocenti Digest No. 13Promoting the Rights of Children with Disabilitiesvii

1 INTRODUCTIONThe Convention on the Rights of the Child (CRC)recognizes the human rights of all children, includingthose with disabilities. The Convention contains aspecific article recognizing and promoting the rightsof children with disabilities. Along with the CRC, theConvention on the Rights of Persons with Disabilities(CRPD), adopted by the United Nations GeneralAssembly in December 2006, provides a powerfulnew impetus to promote the human rights of allchildren with disabilities.In spite of the almost universal ratification of theConvention on the Rights of the Child, and the socialand political mobilization that led to adoption of theConvention on the Rights of Persons with Disabilities,disabled children and their families continue to beconfronted with daily challenges that compromise theenjoyment of their rights. Discrimination and exclusionrelated to disabilities occur in all countries, in allsectors of society and across all economic, political,religious and cultural settings.Promoting inclusionHuman rights have provided both the inspiration andthe foundation for the movement towards inclusionfor children with disabilities. Inclusion requires therecognition of all children as full members of societyand the respect of all of their rights, regardlessof age, gender, ethnicity, language, poverty orimpairment. Inclusion involves the removal of barriersthat might prevent the enjoyment of these rights, andrequires the creation of appropriate supportive andprotective environments.The UN Educational, Scientific and Cultural Organization(UNESCO) states that the inclusion of children whowould otherwise be perceived as ’different’ means“changing the attitudes and practices of individuals,organisations and associations so that they can fullyand equally participate in and contribute to the lifeof their community and culture. An inclusive societyis one in which difference is respected and valued,and where discrimination and prejudice are activelycombated in policies and practices.” The WorldConference on Special Needs Education, organizedby UNESCO and held in Salamanca, Spain, in 1994,recommended that inclusive education should be thenorm. 2 This has now been reaffirmed in the new Conventionon the Rights of Persons with Disabilities.In the context of education, inclusion means thecreation of barrier-free and child-focused learningenvironments, including for the early years. It meansproviding appropriate supports to ensure that allchildren receive education in non-segregated localfacilities and settings, whether formal or informal. It isframed by article 29 of the Convention on the Rightsof the Child, which requires that the child’s educationbe directed to the development of their personality,talents and mental and physical abilities to their fullestpotential; to the preparation of the child for responsiblelife in a free society, in the spirit of understandingand tolerance.Inclusion is a process that involves all children,not just a number of ’special’ children. It givesnon-disabled children the experience of growingup in an environment where diversity is the normrather than the exception. It is when the educationsystem fails to provide for and accommodatethis diversity that difficulties arise, leading tomarginalization and exclusion.Inclusion is not the same as ’integration’, which impliesbringing children with disabilities into a ’normal’mainstream or helping them to adapt to ’normal’standards. For example, in the context of schooling,integration means the placement of children with disabilitiesin regular schools without necessarily makingany adjustments to school organization or teachingmethods. Inclusion, on the other hand, requires thatschools adapt and provide the needed support to ensurethat all children can work and learn together.Scope of this DigestThe enjoyment of human rights by children with disabilitiescan be fully realized only in an inclusive society,that is, a society in which there are no barriers toa child’s full participation, and in which all children’sabilities, skills and potential are given full expression.The Digest reviews concrete initiatives and strategiesfor advancing the social inclusion of childrenwith disabilities. These initiatives are by no meansconfined to income-rich countries. Indeed, some ofthe poorest countries in the world are now leadingthe way through a combination of political will, partnershipwith local communities and, above all, theinvolvement of children and adults with disabilities indecision-making processes.This Digest is intended to help raise the profileof childhood disability and to give impetus to thechallenge of ensuring that children with disabilitiesare fully included in efforts to promote the humanrights of all children. It examines the situation ofchildren with disabilities from a global perspective,considering countries and societies with widely differinglevels of economic development and serviceprovision, and a variety of sociocultural realitiesthat influence attitudes towards persons with disabilities.It seeks to demonstrate that the inclusivepolicies and practices required to promote theenjoyment of the rights of these children are bothfeasible and practical.1 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

© UNICEF/HQ95-0451/David BarbourBox 1.1 Disability terminologyLanguage is powerful and the choice of words usedcan either perpetuate social exclusion or promotepositive values. Accordingly, the term ’childrenwith disabilities’ rather than ’disabled children’ isemployed in this Digest to emphasize children’sindividuality rather than their condition.The term ’impairment’ is used to refer to the loss orlimitation of physical, mental or sensory functionon a long-term or permanent basis. ’Disability’, onthe other hand, is used to describe the conditionwhereby physical and/or social barriers prevent aperson with an impairment from taking part in thenormal life of the community on an equal footingwith others.The Convention on the Rights of Persons with Disabilitiesstates:Persons with disabilities include those who havelong-term physical, mental, intellectual or sensoryimpairments, which in interaction with various barriersmay hinder their full and effective participationin society on an equal basis with others. (Article 1) iUnder the International Classification ofFunctioning, Disability and Health (ICF) establishedby the World Health Organization (WHO) in 2001,disability is conceived as the outcome of theinteraction between impairments and negativeenvironmental impacts. ii The World HealthOrganization emphasizes that most people willexperience some degree of disability at some pointin their lives. Accordingly, the ICF classificationfocuses on a child’s abilities and strengths and notjust impairments and limitations. It also gradesfunctioning on a scale from no impairment tocomplete impairment. By shifting the focus fromcause to impact, ICF places all health conditions onan equal footing.Sources:iUnited Nations, Convention on the Rights of Persons withDisabilities, United Nations, New York, 2006. See.iiFor more on the International Classification, see or contact the Classification,Assessment, Surveys and Terminology Unit, WHO (see’Links’ section).Innocenti Digest No. 13Promoting the Rights of Children with Disabilities2

2 HOW MANY CHILDRENWITH DISABILITIES?It is estimated that, overall, between 500 and 650million people worldwide live with a significantimpairment. According to the World HealthOrganization (WHO), around 10 per cent of theworld’s children and young people, some 200million, have a sensory, intellectual or mental healthimpairment. Around 80 per cent of them live indeveloping countries. 3 Statistics such as thesedemonstrate that to be born with or acquire animpairment is far from unusual or abnormal.The reported incidence and prevalence ofimpairment in the population vary significantly fromone country to another. Specialists, however, agreeon a working approximation giving a minimumbenchmark of 2.5 per cent of children aged 0-14with self-evident moderate to severe levels ofsensory, physical and intellectual impairments.An additional 8 per cent can be expected to havelearning or behavioural difficulties, or both.These estimates were found to be useful in thedetailed analysis of statistics on incidence andprevalence of childhood disability in the UNICEFstudy on Children and Disability in Transitionin CEE/CIS and Baltic States. 4 They are based onresearch and data gathered over years in countrieswith the highest human development rankings.© UNICEF/HQ01-0216/Roger LeMoyne3 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

The minimum benchmark was found particularlyhelpful in comparing official country rates to thisstandard since data, if available, are often not comparablebetween countries. Countries frequentlyuse different classifications, definitions and thresholdsbetween categories of ’disabled’ and ’non-disabled’,with the result that a child who is classifiedas, for example, having a mild impairment accordingto one system might be regarded as not being disabledat all under another.Because of the high degree of stigma associatedwith disability in certain countries, parents and otherfamily members may be reluctant to report thattheir child has a disability. Often these children havenot even had their birth registered, with the resultthat they are not known to health, social servicesor schools. In countries where literacy rates are lowand children frequently receive no formal schooling,some learning disabilities (such as dyslexia) maynever be identified. In countries where diagnosisis more advanced and the likelihood of survivalis greater or where state benefits are available tosupport persons with disabilities, there is a greaterincentive to register a child’s disability, thus contributingto a higher recorded prevalence of disability.The issue of identification is also linked to agegroup: it is not always easy to identify an impairmentin a very young child (a child under three yearsold, for example), and many impairments only becomeevident when a child starts attending school.Some children – especially in developing countries– will also acquire impairments through accidentsand illness, or in conditions of civil disturbance andarmed conflict.With regard to data collection, consistent and accurateinformation on children with disabilitieshelps to make an ’invisible’ population ’visible’ bydemonstrating the extent and, indeed, the normalityof disability. For example, in Gambia, following thepublication of the National Disability Survey of 1998,recognition of the rights of persons with disabilitiesincreased. The survey, administered to more than30,000 households by a task force that includedpersons with disabilities, was conducted to identifythe kinds of disabilities affecting children and theirgeographical distribution. The aim was to facilitateprovision of services to children with disabilities. 5Data on the types of impairment and the numbersof children affected can inform service deliveryand improve the provision of the appropriate aidsand appliances. It also enables the monitoring ofequality of opportunity and progress towards theachievement of economic, social, political andcultural rights. The most useful statistics are thosedisaggregated by gender, age, ethnic origin andurban/rural residence. It is important that figuresare further disaggregated in relation to the extentof impairment, the numbers of children withdisabilities living at home or placed in institutions,and the number enrolled in regular education orspecial education systems or receiving benefits.Although accurate and representative data ondisability are lacking in many parts of the world,international efforts are underway to improve thequality and availability of data. In 2005 the UnitedNations Statistics Division initiated the systematicand regular collection of basic statistics on humanfunctioning and disability by introducing a disabilitystatistics questionnaire to the existing datacollection system. 6Box 2.1 Changing levels of disability in CEE/CISand the Baltic StatesSince the break-up of the Soviet Union, manystates in the CEE/CIS and Baltic region haveregistered dramatic changes in the recordednumber of children with disabilities. The totalnumber of children recognized as disabled in officialdata across the region tripled, from around500,000 at the onset of transition to 1.5 millionin 2002. In Estonia, for example, the number ofchildren aged up to 15 with disabilities who wereregistered more than doubled from 1,737 in 1989to 4,722 in 2001, while in Ukraine the number ofchildren aged up to 17 with disabilities rose from93,156 in 1992 to 153,453 in 2001. i In Uzbekistan,according to official statistics, there were 33,280children registered as having an impairment in1992, while by 1999 this number had increasedto 123,750.These official data do not reflect the situationfully. There are additional numbers of childrenwith disabilities, especially in rural areas, whohave never been officially registered and whoare effectively hidden because of the stigma attachedto their condition.A detailed discussion of the background to andpossible reasons for these dramatic increasescan be found in the UNICEF report Children andDisability in Transition in CEE/CIS and BalticStates. ii The report attributes these changes toa combination of improved identification andreporting techniques, and in some cases, theincentive of improved cash benefits for childrenwith disabilities living in the community.Sources:iFigures provided from UNICEF Innocenti ResearchCentre, MONEE database. These data were used insupport of the report ’Children and Disability in Transitionin CEE/CIS and Baltic States’, Innocenti Insight,UNICEF Innocenti Research Centre, Florence, 2005.iiIbid.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities4

3 DISABILITY ANDINCLUSIONThe history of disability is for the most part one ofexclusion, discrimination and stigmatization. Oftensegregated from society, persons with disabilities –and in particular, children with disabilities – have beenregarded as objects of charity and passive recipientsof welfare. This charity-based legacy persists in manycountries and affects the perception and treatmentreceived by children with disabilities.The ’social model’ of disabilityThe human rights approach to disability has led to ashift in focus from a child’s limitations arising fromimpairments, to the barriers within society thatprevent the child from having access to basic socialservices, developing to the fullest potential and fromenjoying her or his rights. This is the essence of thesocial model of disability.The emphasis given to equality and non-discriminationin international human rights instruments isreflected in the social model of disability. This modelrejects the long-established idea that obstacles to theparticipation of disabled people arise primarily fromtheir impairment and focuses instead on environmentalbarriers. These include:• prevailing attitudes and preconceptions, leadingto underestimation;• the policies, practices and procedures of localand national government;• the structure of health, welfare and educationsystems;• lack of access to buildings, transport and to thewhole range of community resources available tothe rest of the population;• the impact of poverty and deprivation on thecommunity as a whole and more specifically onpersons with disabilities and their families.A great deal can be done to remove or reduce thebarriers faced by children and adults with disabilities.For persons with disabilities, this is both a liberatingand an empowering view, one that emphasizes thepositive contribution that they themselves can makein removing the barriers to their participation. At thesame time, the social model emphasizes the role ofgovernment and civil society in removing the obstaclesfaced by citizens with disabilities in becoming activeparticipants in the various communities in whichthey live, learn and work.Emphasizing the social construction of disability inno way implies rejecting medical and professionalservices and supports. Nor does it mean denying thepotential of intervention in reducing or alleviating animpairment or in providing rehabilitation or training.Provision of technical aids, medical intervention andprofessional support are all important ways of promotingempowerment and independence and are anintegral part of the social model. For example, a simplemedical procedure may be all that is required tohelp a child with eye or ear infections to benefit fromclassroom learning.Nevertheless, the medical model (sometimes knownas the ’defect model’) still exerts a disproportionateinfluence at many levels. For example, teachersand parents sometimes ask questions such as “Canchildren with Down’s Syndrome attend an ordinaryschool?” or “How do you teach children with musculardystrophy?” The answer to the last question wasgiven by a group of 48 children with muscular dystrophyfrom France:Care providers cannot understand that we are alldifferent, even if we have the same condition, thesame disability. What we want to say to all adultswho take care of us is that we are 48 differentpersonalities. There is no personality type knownas muscular dystrophy. 7This quotation emphasizes that the rights, needs andvoice of the individual child are fundamental. It is thisprinciple that lies at the heart of the Convention onthe Rights of the Child and is reflected as well in theConvention on the Rights of Persons with Disabilities.Disability and povertyThe World Bank has estimated that persons withdisabilities account for up to one in five of the world’spoorest people, that is, those who live on lessthan one dollar a day and who lack access to basicnecessities such as food, clean water, clothing andshelter. 8 These figures have been brought to life ina recent report from Inclusion International whichdocuments the poverty and exclusion experienceddaily by people with intellectual disabilities and theirfamilies in all regions of the world, but which alsorecords many examples of how these obstacles arebeginning to be overcome. 9Poverty is both a cause and a consequence of disability.Correlates of poverty, such as inadequatemedical care and unsafe environments, significantlycontribute to the incidence and impact of disability,and complicate efforts for prevention and response.By the same measure, many of the factors contributingto high levels of impairment among children are5 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

© UUNICEF/HQ06-1260/Azhar Mahmoodpotentially preventable, thus offering the opportunityto reduce the levels of disability as well as of poverty.Such factors include malnutrition and micronutrientdeficiencies, preventable diseases such as measles,lack of sanitation and clean water, as well as violence,abuse and exploitation, including through labour. Lackof access to all levels of education and low levelsof family support in any community are also closelylinked to both poverty and disability.Significant progress is being made in eliminating majorcauses of impairment such as iodine deficiencyand lack of access to safe water. On the other hand,the last decade has seen a persistence or rise inother factors that have contributed to the incidenceof impairments, including HIV/AIDS, environmentalpollution, accidents and drug abuse. 10 War and civilstrife are also major causes of impairment amongchildren, largely affecting countries in the developingworld. UNICEF has estimated that between 1990 and2001, 2 million children around the world were killedand as many as 6 million disabled by armed conflict. 11The prevention of disability caused by landmines andunexploded ordnance needs to be given higher priorityin the regions most affected.The additional burden placed on families with members,including children, with disabilities, deepens theimpact of economic poverty and may further perpetuatediscriminatory attitudes towards these groups.In the light of the inextricable link between povertyand disability, effective action to reduce poverty mustaddress disability concerns in a systematic manner. 12This fundamental principle of inclusive planning wasrecognized by former President of the World BankJames Wolfensohn:If development is about bringing excluded peopleinto society, then disabled people belong inschools, legislatures, at work, on buses, at thetheatre and everywhere else that those who arenot disabled take for granted. Unless disabledpeople are brought into the development mainstream,it will be impossible to cut poverty in halfby 2015 or to give every girl and boy the chanceto achieve a primary education by the same dategoalsagreed by more than 180 world leaders atthe United Nations Millennium Summit in September2000. 13The World Bank has promoted a broad and inclusiveapproach to disability issues, including through theappointment of an experienced disability adviser andthe recruitment of disability experts. A guidance notereleased in 2007, which includes consideration ofissues relevant to children and youth, has the aimto “assist Bank projects in better incorporating theneeds and concerns of people with disabilities, aswell as integrating a disability perspective into ongoingsector and thematic work programs, and to adoptan integrated and inclusive approach to disability.” 14Similar initiatives, developed with non-governmentalorganizations (NGOs), are also being pursued by theEuropean Union. 15Innocenti Digest No. 13Promoting the Rights of Children with Disabilities6

4 INTERNATIONALSTANDARDS ANDMECHANISMSOver four decades, the United Nations has made astrong commitment to the human rights of personswith disabilities. 16 This commitment has been reflectedin major human rights instruments as well aswithin specific measures and initiatives, which beganwith the 1971 Declaration on the Rights of Personswith Mental Retardation and now has culminated inthe 2006 Convention on the Rights of Persons withDisabilities. Other examples of disability-focused initiativesinclude the International Decades of DisabledPersons, the 1993 Standard Rules on the Equalizationof Opportunities for Persons with Disabilities and the1994 Salamanca Statement and Framework for Actionfor Special Needs Education (see box 4.1 for amore complete list).Convention on the Rights of the ChildThe 1989 Convention on the Rights of the Child(CRC) is the first binding instrument in internationallaw to deal comprehensively with the human rightsof children, and is notable for the inclusion of an articlespecifically concerned with the rights of childrenwith disabilities. The implementation of the CRC ismonitored and promoted at the international level bythe Committee on the Rights of the Child.The CRC identifies four general principles thatprovide the foundation for the realization of allother rights:• non-discrimination;• the best interests of the child;• survival and development;• respect for the views of the child.The principle of non-discrimination is reflectedin article 2 of the CRC that expressly prohibitsdiscrimination on the grounds of disability:States parties shall respect and ensure the rightsset forth in the present Convention to each child...without discrimination of any kind, irrespectiveof the child’s...disability...or other status.This principle is motivated by the recognition thatsegregated or separate facilities for education, healthcare, recreation and all other aspects of human lifeon the basis of disability can create and consolidateexclusion. These factors often perpetuate thenegative perception of a child with a disability asa ’problem’ and, in doing so, maintain or reinforcemechanisms of discrimination.Certain children require additional or different formsof support in order to enjoy their rights. For instance,a child with a visual impairment has the same rightto education as all children, but in order to enjoy thisright and to ensure her or his participation, the childmay require enlarged print, Braille books or otherforms of assistance.Article 23 of the CRC refers to the obligations ofStates parties and recognizes that a child with mentalor physical disabilities is entitled to enjoy a full anddecent life, in conditions that ensure dignity, promoteself-reliance and facilitate the child’s active participationin the community:i) States parties recognize that a mentally or physi-cally disabled child should enjoy a full and decentlife, in conditions which ensure dignity, promoteself-reliance and facilitate the child’s active participationin the community.ii) States parties recognize the right of the disabledchildren to special care and shall encourage andensure the extension, subject to available resources,to the eligible child and those responsible forhis or her care, of assistance…appropriate to thechild’s condition….iii) …assistance extended…shall be provided freeof charge, whenever possible… and shall bedesigned to ensure that the disabled child haseffective access to and receives education, training,health care services, rehabilitation services,preparation for employment and recreation opportunitiesin a manner conducive to the child’sachieving the fullest possible social integrationand individual development, including his or hercultural and spiritual development.iv) States parties shall promote…the exchange ofappropriate information in the field of preventivehealth care and of medical, psychological andfunctional treatment of disabled children…. In thisregard, particular account shall be taken of theneeds of developing countries.This special article on children with disabilitiesis included “without prejudice to” the generalapplicability of the principles and provisions of theCRC to the situation of children with disabilities.The article adds force to the other provisions of7 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

Box 4.1 Human rights instruments and high-level decisions reinforcing the rights of persons with disabilitiesComplementing the Universal Declaration of Human Rights, the International Covenant on Economic,Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Conventionon the Rights of the Child, the following texts and international events specifically address the rights ofpersons with disabilities:1971 Declaration on the Rights of Mentally Retarded Persons stipulates that a person with an intellectualimpairment is accorded the same rights as any other person1975 Declaration on the Rights of Disabled Persons proclaims the equal civil and political rights of alldisabled persons, and sets standards for equal treatment and access to services1981 International Year of Disabled Persons (United Nations)1982 World Programme of Action concerning Disabled Persons1983−1992 International Decade of Disabled Persons (United Nations)1990 World Declaration on Education for All and Framework for Action to Meet Basic LearningNeeds adopted at the World Conference on Education for All, in Jomtien, Thailand in March1990, promotes “equal access to education to every category of disabled persons as an integralpart of the education system”1993 United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilitiesprovide detailed guidelines for policy development and implementation1993−2002 Asian and Pacific Decade of Disabled Persons1994 Salamanca Statement and the Framework for Action on Special Needs Education. Adopted bythe UNESCO World Conference on Special Needs Education: Access and Quality, Salamanca,Spain, 7-10 June 1994. Adopted by 92 governments and over 25 international organizations,putting the principle of inclusion on the educational agenda worldwide1995 World Summit for Social Development, Copenhagen Declaration and Programme of Actioncalls upon governments to ensure equal educational opportunities at all levels for disabled children,youth and adults, in integrated settings1998 Human Rights of Persons with Disabilities, Commission on Human Rights Resolution 1998/312000 World Education Forum, Dakar, Statement and Framework for Action established attainableand affordable educational goals, including the goals of ensuring that by 2015 all children ofprimary age have better access to complete free schooling of an acceptable quality, that genderdisparities in schooling are eliminated and that all aspects of educational quality are improved2000 Human Rights of Persons with Disabilities, Commission on Human Rights Resolution 2000/512001−2009 African Decade of Disabled Persons2002 UN General Assembly Resolution on The Rights of the Child, following the World Summit onChildren, calls upon States to take all necessary measures to ensure the full and equal enjoymentof all human rights and fundamental freedoms by children with disabilities, and to developand enforce legislation against their discrimination, so as to ensure dignity, promoteself-reliance and facilitate the child’s active participation in the community, including effectiveaccess to educational and health services2002 ’A World Fit for Children’, outcome document of the UN General Assembly Special Session onChildren makes clear reference to the rights of children with disabilities, especially regardingprotection from discrimination, full access to services, and access to proper treatment and care,as well as the promotion of family-based care and appropriate support systems for families2003−2012 Second Asian and Pacific Decade of Disabled Persons2004−2013 Arab Decade of Disabled Persons2006 UN Convention on the Rights of Persons with Disabilities2006−2016 Inter-American Decade of Disabled PersonsInnocenti Digest No. 13Promoting the Rights of Children with Disabilities8

the CRC, including freedom from discrimination,respect for the dignity of the child and the cultivationof her or his potential to assume a responsible andindependent life in society. They may be seen to beparticularly relevant to the situation of children withdisabilities in the following provisions:• The child’s right not to be separated from his orher family (article 9).• Services and assistance to support parents intheir child-rearing responsibilities (article 18).• Protection from injury, neglect and any form ofviolence (article 19).• Protection of children deprived of a familyenvironment (article 20).• Refugee children (article 22).• Periodic review of treatment (article 25).• The child’s right to free and compulsory primaryeducation, to secondary and vocational educationand the prevention of drop out (article 28).• Children belonging to minorities and indigenouspeople (article 30).• Protection from work that interferes witheducation (article 32).• Protection from abuse (article 33).• Protection from sexual exploitation (article 34).• Protection from torture or other cruel, inhumanor degrading treatment or punishment, and fromdeprivation of liberty (article 37).• Right to rehabilitative care for victims of neglect,exploitation, abuse or degrading treatment(article 39).The implementation of the CRC is monitored at theinternational level by the Committee on the Rightsof the Child, which oversees the progress made byStates parties in promoting the realization of children’shuman rights. Reiterating its concern with therights of children with disabilities, in 2006 the Committeeissued a General Comment on this particulartopic (see chapter 5 below for discussion of theCommittee’s comments and policy recommendationsconcerning children with disabilities).Other international human rights instrumentsand decisionsIn addition to the CRC, a number of other importanthuman rights instruments reinforce the rights of personswith disabilities (box 4.1). Of particular note isthe renewed impetus for recognizing the principle ofnon-discrimination as a fundamental part of all internationalhuman rights instruments, thus guaranteeingtheir relevance to persons with disabilities. 17Disability issues have also been addressed in the contextof other human rights institutions of the UnitedNations, for example, in 2006 in a report by the SpecialRapporteur on the right to education, addressingsteps to fulfil the right to inclusive education. 18UN Standard Rules on the Equalization ofOpportunities for Persons with DisabilitiesThe CRC provides a binding implementation frameworkwith implications for law, policy and practicewith respect to children with disabilities. The StandardRules on the Equalization of Opportunities forPersons with Disabilities, adopted by the UN GeneralAssembly in 1993, provides detailed guidance onwhat should be done and how to do it. 19 The Committeeon the Rights of the Child recommended thatthe two documents be used as complementary toolsin promoting the rights of children with disabilities. 20Around the world, these Rules have had a majorinfluence on the development of disability legislation,the level and provision of services for personswith disabilities and, above all, on attitudes towardsdisability issues. The simplicity of the Rules enablesthem to be used as a practical tool by those involvedin developing disability legislation and policy. 21Unlike the CRC, which is legally binding for all Statesthat have ratified or acceded to it, the Standard Rulesexpress a political commitment on the part of Statesto adapt society to individuals with functional impairments.The Rules address all aspects of the lives ofpersons with disabilities and indicate how governmentscan make social, political and legal changesto ensure that persons with disabilities are treatedas full citizens of their country. The Rules cover fourmain areas:1234Preconditions for equal participation (awarenessraising, medical care, rehabilitation, support servicesand accessibility).Target areas for equal participation (accessibility,education, employment, income maintenanceand social security, family life and personal integrity,culture, recreation and sports, religion).Implementation measures (information and research,policy-making and planning, legislation,economic policies, coordination of work, organizationsof disabled persons, personnel training,national monitoring and evaluation of disabilityprogrammes in the implementation of the Rules,technical and economic cooperation and internationalcooperation).Monitoring mechanisms. The implementation ofthe Rules is monitored by the Special Rapporteuron Disability (see box 4.2), assisted by a committeeof experts drawn from the main internationalNGOs concerned with disability.In October 2006 the Office of the UN Special Rapporteuron Disability published the results of a GlobalSurvey on the Implementation of the Standard Rules,conducted by the South–North Center for Dialogueand Development, based in Amman, Jordan. 22 Adetailed questionnaire was sent to 191 governmentbodies in member States and to two organizationsrepresenting persons with disabilities in each country;information was received from 114 countries.9 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

Box 4.2 Work of the UN Special Rapporteuron DisabilityThe United Nations Special Rapporteur on Disabilityreports yearly to the Commission for SocialDevelopment. The reports present findings onthe promotion and monitoring of the implementationof the Standard Rules on the Equalizationof Opportunities for Persons with Disabilitiesand contain recommendations, as requested bythe Commission, on their further development.In carrying out the functions of the position, theSpecial Rapporteur establishes a direct dialoguewith Member States and local non-governmentalorganizations and experts, seeking their viewsand comments on any information intended tobe included in the reports. iIn 1994, Bengt Lindqvist was designated by theUnited Nations Secretary-General as the firstSpecial Rapporteur on Disability. In 1998 and2000, he addressed the UN Commission on HumanRights concerning disability as a humanrights issue. The Commission responded byadopting two important resolutions − 1998/31and 2000/51 − in which disability is recognized asa human rights concern for the entire UN system.Bengt Lindqvist retired from the position of SpecialRapporteur at the end of 2002 after servingthree mandates. He was succeeded by SheikhaHessa Khalifa bin Ahmed al-Thani, who workedclosely with the UN Secretary-General and officialsof the Arab League to facilitate the adoptionand declaration of the Arab Decade for Personswith Disabilities (2004−2013) at the summit meetingof the Arab League in May 2004. Ms. SheikhaHessa has also continuously stressed the needfor accurate statistical data and information ondisability, and this led to the worldwide disseminationof a survey on government action on theimplementation of the Standard Rules.Source:iUnited Nations Enable website,.The study concluded that although some progresshad been made in recognizing the rights of personswith disabilities, “there are more good intentionsworld-wide that are not necessarily backed by strongpolitical will” (p. 12). It was found, for example, that30 countries have reported taking no measures toenable children with disabilities to receive educationin integrated settings. In 37 countries education isnot available to low income persons with disabilitiesor to women with disabilities. At the same time, 84countries reported relevant changes to the training ofteachers, and increasing numbers are adopting policiesand passing legislation to promote the access ofchildren with disabilities to education.Convention on the Rights of Personswith DisabilitiesWhen proposals for a new disability convention werefirst raised, it was suggested by some that there wasno need for such a convention because the rights ofpersons with disabilities were automatically includedin all other conventions, whether or not these includeddisability-specific references. At the same time,organizations of persons with disabilities pressed thecase for a disability-specific convention, noting examplesof their needs being overlooked in the implementationand monitoring of conventions and otherinternational initiatives.In November 2001, the General Assembly of theUnited Nations adopted a resolution to establish anad hoc committee to consider proposals for a Conventionon the Rights of Persons with Disabilities.The proposed convention aimed to give status, authorityand visibility to disability as a human rightsissue in a way that would have been impossible toachieve by any other means. 23At its concluding session in August 2006, the committeeadopted the draft of the proposed convention,which was subsequently adopted by the UN GeneralAssembly on 13 December 2006, and became openfor signature by Member States from 30 March 2007.States, as well as regional integration organizations,become parties to the Convention and to its OptionalProtocol either by signing and ratifying the instrumentsor by acceding to them. Signature conveysthe intention to take steps towards ratification at theinternational level, in the prospect of compliance withthe respective provisions. More than 80 MemberStates and many NGOs took part in the signing ceremonyand the subsequent dialogue on implementation.As of 15 August 2007, 101 countries had signedthe Convention, and 4 countries – Croatia, Hungary,Jamaica and Panama – had ratified it. For entry intoforce, it is necessary that the Convention receive 20ratifications.Children themselves, with support of child advocates,played an important role in the drafting processas well as in other aspects of the development ofthe Convention.The Convention is a human rights instrument with anexplicit social development dimension. It adopts abroad categorization of persons with disabilities andreaffirms that all persons with all types of disabilitiesmust enjoy all human rights and fundamental freedoms.It clarifies and describes how all categoriesof rights apply to persons with disabilities and identifiesareas where adaptations have to be made forpersons with disabilities to effectively exercise theirrights and areas where the protection of their rightsmust be reinforced.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities10

The Convention reflects a ’paradigm shift’ in attitudesand approaches to persons with disabilities, in thedirection of the social model of disability describedabove. It represents the culmination of the processinitiated over two decades ago by the United Nationsof moving from the treatment of persons with disabilitiesas ’objects’ of charity, medical treatment andsocial protection towards viewing persons with disabilitiesas ’subjects’ with rights who are capable ofclaiming those rights and making decisions for theirlives based on their free and informed consent, aswell as being active members of society.The General Principles of the Convention (article 3)are fundamental to all articles of the Convention andto its implementation by member States. They are asfollows:Respect for the inherent dignity, individual auton-omy including the freedom to make one’s ownchoices, and independence of persons.Non-discrimination.Full and effective participation and inclusion insociety.Respect for difference of persons with disabili-ties as part of human diversity and humanity.Equality of opportunity.Accessibility.Equality between men and women.Respect for the evolving capacities of childrenwith disabilities and respect for the right of childrenwith disabilities to preserve their identities.a)b)c)d)e)f)g)h)All of the provisions in the Convention apply to childrenwith disabilities as well as to adults. In recognitionof children’s specific situation, however, severalarticles make explicit reference to their rights. The preamblerecognizes that children with disabilities havefull enjoyment of all human rights on an equal basiswith others. The general principles include respect forthe evolving capacities of the child and children’s rightto preserve their identity. The general obligation requiresthat children with disabilities must be consultedwhen States parties are developing and implementinglegislation and policies. Several other articles specificallyaddress the rights of children with disabilities,including their right to participation, information, education,family life and freedom from violence.Three articles in particular – articles 7, 24 and 32 –merit examination in greater detail.Article 7: Children with disabilitiesBuilding upon the CRC, the principles summarizedin article 7 of the Convention affirm the fundamentalrights of all children with disabilities to the entirerange of human rights inherent to all children.Requirements for the best interests of the childand for the participation of the children themselvesin decision-making are particularly important forchildren with disabilities, whose interests and voicesare all too frequently overlooked and undervalued.Their right to appropriate support in making theirvoices heard is emphasized in both article 7 andarticle 24.Article 24: EducationA second article of the Convention with particularimplications for children is article 24 on education.Article 24 reflects a clear commitment to theprinciple of inclusive education as a goal. In thisrespect, it advances further the direction establishedin earlier documents such as the CRC, the SalamancaStatement and Framework and the Standard Rules.Article 24 also addresses the specific needsof children with severe and complex sensoryimpairments for access to specific supports tolearning such as sign language, Braille and low visionaids. Other children with disabilities may also needmodifications to the curriculum, to styles of teachingand to the organization of the classroom. Supportto all children with disabilities has to be individuallytailored and resourced both in terms of time andstaffing. Clearly, parents and the children themselveshave to be partners in deciding the nature andintensity of such support and ways in which it canbe reduced as both child and teacher become moreconfident and competent (see chapter 6 below forfurther discussion of education).Article 32: International cooperationThe Convention has important implications for therole of international actors, and of the UN system inparticular. In article 32, the Convention recognizesthe importance of international cooperation insupport of national efforts for the realization ofits purpose and objectives, and stresses thatcooperation should aim at ensuring that developmentprogrammes are inclusive of, and accessible topersons with disabilities. The Convention is also openfor accession to regional integration organizations.In addressing the need for all developmentprogrammes to be inclusive and accessible topersons with disabilities, article 32 identifies a rangeof areas in which international partners are expectedto play a facilitating and supportive role. With theestablishment of the Convention, disability willtake on a more prominent role in the developmentprocess. In these actions disability must beincreasingly addressed within all programmes, notonly as a separate item.Once a country ratifies the Convention, its provisions,and compliance with them, should be reflectedin elements of its national development agenda,including its poverty reduction strategy and UNDevelopment Assistance Framework. The UN andother international actors will in turn be called uponby governments and civil society to provide guidanceand assistance in the implementation process.11 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

Monitoring implementation of the ConventionIn order for the Convention to have a positive impacton the quality of life of persons with disabilitiesand on society as a whole, effective proceduresare required for its implementation at the nationallevel. The roles and responsibilities of stakeholders– including member States, persons with disabilitiesand their organizations, UN system entities,development partners, and regional entities – in theimplementation and monitoring of the Conventionneed to be clearly established and defined.The Convention sets out reporting obligations at boththe national and international levels. Particular prioritymust be given to the actions needed at the nationallevel. As outlined in article 33 of the Convention,States parties are required to designate focal point(s)within government, and consider the establishmentof a coordination mechanism within government tofacilitate relevant actions. The article also highlightsthe importance of an independent mechanism formonitoring at the national level, and the engagementof civil society, especially the involvement andparticipation of persons with disabilities and theirorganizations in the process.At the international level, the Convention establishesa treaty monitoring body, the Committee on theRights of Persons with Disabilities (in Geneva),as well as a Conference of States parties (inNew York). As is the case for other human rightstreaty bodies, the Committee will be made up ofindependent experts, receiving secretariat supportfrom the Office of the High Commissioner forHuman Rights. The Committee will consist initiallyof 12 members elected by secret ballot from a listsubmitted by States parties. Each ratifying country isexpected to provide an initial comprehensive reportto this Committee on progress over a two-yearperiod to implement the Convention, and to reportsubsequently every four years. The Committee willalso take into account the representations of NGOsand members of civil society. The reports of the UNCommittee will be in the public domain and availableon the internet. The Optional Protocol to the CRPDintroduces additional procedures to strengthen theimplementation of the Convention and the monitoringrole of the Committee. 24Within the UN system, each agency involved in thedisability field will play a distinctive role. In respectof children and women, UNICEF is particularly wellplaced to provide support to government and civilsociety partners, especially organizations of personswith disabilities, in the promotion of the implementationand monitoring of the Convention. The UNDivision of Economic and Social Affairs (UN-DESA)has been called upon to lead the establishment of aninter-agency group that will support the developmentof a UN system-wide strategy to advance the implementationof the Convention.The CRPD process has represented an unprecedentedopportunity for civil society and the nongovernmentalsector. For the first time in history,the United Nations General Assembly attributed aleading role to non-governmental organizations inthe elaboration of an international convention byspecifically involving them in its working structures.This partnership between organizations of personswith disabilities and development and human rightsactors will be maintained throughout the implementationand monitoring process.Implementation at national level: Next stepsThe guidance contained in the CRPD and the standardsof the CRC, together with the conclusions emergingfrom the deliberations of the Committee on theRights of the Child, 25 have each generated importantrecommendations for next steps in implementation atthe national level. The following represents a synthesisfrom these two, very usefully convergent sources:12345678Undertake a comprehensive review of all legislationin order to ensure consideration to the inclusionof children with disabilities. Prohibition ofdiscrimination on grounds of disability should beincluded in all legislation.Provide for effective remedies in cases of violationsof the rights of children with disabilities andensure that these are accessible to all children,families and carers.Develop a national plan for action framed bythe relevant provisions of the CRC and CRPD,together with the Standard Rules. Action plansshould specify measurable targets, evaluation indicatorsand timetables and should be monitoredaccordingly.Create a focal point for disability in each relevantministry, as well as a high level multi-sectoralcoordinating committee, with members drawnfrom all relevant ministries and from organizationsof persons with disabilities. This committeeshould be empowered to be proactive in initiatingproposals and policies.Develop independent monitoring mechanisms,such as an ombudsperson or children’s commissioner,and ensure that children and families arefully supported in gaining access to such mechanisms.Create an earmarked budget to ensure that fundsare targeted at agreed areas of need, such asfinancial support for families, income maintenance,professional development and funds topromote access to buildings and services.Conduct awareness raising and educational campaignstargeting the public at large as well asspecific groups of professionals.Have particular regard to the additional vulnerabilityof girls and women to discrimination.These and other recommendations are further discussedand exemplified in chapter 7 below.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities12

Millennium Development GoalsWe will have time to reach the Millennium DevelopmentGoals – worldwide and in most, or evenall, individual countries – but only if we breakwith business as usual. Success will require sustainedaction across the entire decade betweennow and the deadline. It takes time to train theteachers, nurses and engineers; to build theroads, schools and hospitals; to grow the smalland large businesses able to create the jobs andincome needed. So we must start now. And wemust more than double global development assistanceover the next few years. Nothing lesswill help to achieve the Goals. 26(Kofi A. Annan, United Nations Secretary-General,1997−2006)The Millennium Development Goals (MDG) (seebox 4.3) represent a crucial inclusive framework foradvancing the human rights and the quality of life ofpersons with disabilities and their families.Despite the omission of specific reference to personswith disabilities in the 18 targets for 2015 orthe 48 monitoring indicators of the MDG framework,recognition has nonetheless been given to theirneeds. 27 An international effort is now underway forthe explicit inclusion of a disability dimension into thefive-year reviews of MDG achievement. 28 However,concerns remain over the ability to translate internationalgoals into reality, as expressed, for example, bya disability and development worker in India:In the South Asian context, the MDGs look likestars and moon up in the sky. Most of the goalsin the past have failed to move beyond merecatchy slogans – Education for All, Health for All,Hunger Free Society are mere slogans. One ofthe reasons is that these goals still need to comefrom the heart of local policy makers. Are theyreally committed? Do they see people as valuedhuman beings rather than mere targets and beneficiaries?Absence of political will is the singlemost important problem. 29(Indumathi Rao)Tangible evidence is required that the needs ofpersons with disabilities are explicitly includedin UN initiatives, including in the light of the newConvention.There is a wide basis of agreement on the principlesand values that should inform international as wellas national programmes for the advancement ofthe human rights of persons with disabilities. Thereis also ample guidance in the UN Standard Ruleson the Equalization of Opportunities for Personswith Disabilities for the translation of principles intopractice in specific domains such as education,health and employment, as well as many examplesof countries and communities in all parts of the worldthat have overcome obstacles to the inclusion ofchildren with disabilities in their local schools andneighbourhoods. The UN has also commissioned adetailed toolkit on inclusive planning that includesspecific procedures to ensure the incorporation of adisability dimension in all development planningand monitoring. 30All too often missing, however, is the politicalwill to ensure that persons with disabilities areautomatically and explicitly included in developmentprogrammes from the outset, rather than added asan afterthought or, as so often happens, overlookedand further marginalized.The chapter that follows summarizes evidence forthe urgency of this challenge and underlines theimportance of making the fullest possible use of theopportunities now available to end the neglect ofpersons with disabilities in all regions of the world.Box 4.3 Millennium Development GoalsThe Millennium Development Goals (MDGs) form a blueprint agreed to by all theworld’s countries and leading development institutions for the year 2015.1. Eradicate extreme poverty and hunger2. Achieve universal primary education3. Promote gender equality and empower women4. Reduce child mortality5. Improve maternal health6. Combat HIV/AIDS, malaria and other diseases7. Ensure environmental sustainability8. Develop a global partnership for development.13 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

5 HUMAN RIGHTS OFCHILDREN WITHDISABILITIES TODAYThe daily reality of life for children with disabilitiesand their families is frequently one of discriminationand exclusion, in all countries of the world. The discriminationthey endure can be direct, indirect, or acombination of the two. Direct discrimination takesplace when a child with a disability is deliberatelytreated differently from a child without a disability, onthe basis of his or her impairment. Indirect discriminationoccurs when practices or policies that do notimmediately appear to discriminate against childrenwith disabilities actually have a discriminatory impactin practice, resulting in the denial of certain humanrights. 31 Indirect discrimination may be unintentional,but its effects can be no less damaging than those ofdirect discrimination.Global review of the rights of children withdisabilities by the UN Committee on the Rightsof the ChildThe most wide-ranging and authoritative evidence ofworldwide discrimination comes from a recent globaloverview of the situation of children with disabilitiesconducted by the UN Committee on the Rightsof the Child, in its General Comment 9 based onanalysis of the reports submitted over a long periodby many States parties. 32In this General Comment the Committee reportedthat some recommendations had to be madespecifically concerning children with disabilities forthe “overwhelming majority” of countries reviewed.The Committee emphasized that obstacles stemmednot from the disability itself but from “a combinationof social, cultural, attitudinal and physical barriersthat children with disabilities encounter in their dailylives.” These barriers are reflected in many reportsfrom countries in all regions of the world and are byno means confined to the poorest countries.The report contains clear suggestions for action,included in the recommendations for action atnational level in chapter 4 above, and discussedfurther in chapter 7.Confronting discriminationDiscrimination can manifest itself in various ways:through cultural prejudices, socio-economic,legislative or administrative measures, as well asenvironments that are inaccessible to persons withdisabilities. Cultural prejudices often reflect guilt,shame or even fear associated with the birth ofa child with a disability. It is reported by Save theChildren that where there is a cultural reverence forbloodlines, babies born with physical or intellectualimpairments are often hidden away or abandonedbecause they are considered to be a sign ofimpurity. 33 Cultural attitudes are also influenced bynegative or stereotyped depictions of persons withdisabilities in folklore, books, films or televisionprogrammes. However, the experience of manycountries has demonstrated that the existenceof deep-seated negative attitudes should not beregarded as an insuperable obstacle to progress.Preconceptions or lack of open discussion aboutdisability sometimes results in children withdisabilities being overlooked in the planning andprovision of services. In other cases, the servicesput in place are inappropriate, poorly conceived orill-funded. Even in situations where such barrierscan be overcome, this means little if children withdisabilities are unable to gain physical access toschools, hospitals, public buildings or recreationalareas, or to use public transportation to do so.Furthermore, the marginalization experienced bychildren with disabilities is all too often compoundand cumulative. Children may be discriminatedagainst or suffer social exclusion not only becausethey have an impairment, but also because of theirgender, or because they belong to other groupsthat experience discrimination (see box 5.1) suchas children living in poverty, children who have losttheir parents, children living on the street, or childrenbelonging to religious, ethnic or national minorities.In this latter regard, the situation of Roma children inCentral and Eastern Europe and the Commonwealthof Independent States (the CEE/CIS region)represents a particularly damaging cycle of disability,discrimination and disadvantage. Available evidencesuggests very high rates of classified disability amongthe Roma minority. Such a diagnosis may in partrepresent higher rates of impairment as an outcomeof entrenched disadvantage, unmet needs and lack ofinformation. However, it is likely also to be based instigma and bias, reflecting the way that aptitudes aremeasured according to dominant cultural standards.The perpetuation of disadvantage is further seenin the observed practice of placing Roma childrenin institutions or in special, segregated schools,regardless of their impairment status. 34Innocenti Digest No. 13Promoting the Rights of Children with Disabilities14

Box 5.1 Disability and genderCountries often report higher rates of disability formales than females. The reasons for such disparitiesmay include higher rates of work-related injuriesand greater risk-taking behaviour among boys andmen. i On the other hand, girls and women are oftenmore exposed to the risk of becoming disabled thanmales because of neglect and certain forms of abuseand harmful practices, including early marriage ii andfemale genital mutilation/cutting. iii This being the case,the higher rates of disability for boys and men mayalso reflect the lower visibility given to girls, and togirls with disabilities, in many countries. In the contextof such double discrimination, girls and women mayhave limited access to essential services such ashealth care, education and vocational rehabilitation.In Nepal, for example, it was reported in 1995that the long-term survival rate for boys who hadpolio was twice that for girls, despite the fact thatmales and females have an equal chance of beingaffected by the disease. iv In Kathmandu, a seriousunderrepresentation of girls receiving treatment atthe Hospital and Rehabilitation Centre for DisabledChildren was identified as a cause for concern. vBut gender implications go further than this. Girls andwomen who do not have disabilities themselves arealso disproportionately affected by disability becausethey are often entrusted with the responsibility ofcaring for persons with disabilities in their familyand thereby unable to seek paid work and tocontribute to the well-being of the family. Similarly,female siblings may be kept at home to look afterthe child with disabilities and be prevented fromgoing to school or seeking paid employment. Suchdiscrimination against females is found in income-richas well as income-poor countries.Efforts to address the gender dimensions of disabilitymust proceed in a balanced and equitable mannerthat reflects the situation of women and men, girlsas well as boys with disabilities within integratedstrategies for all.Sources:iGroce, N., ’An Overview of Young People Living withDisabilities: Their needs and their rights’, UNICEFProgramme Division (Working Paper Series), New York, 1999.iiSee UNICEF Innocenti Research Centre, ’Early Marriage:Child spouses’, Innocenti Digest No. 7, Florence, 2001.iiiSee UNICEF Innocenti Research Centre, ’Changing aHarmful Social Convention: Female genital mutilation/cutting’, Innocenti Digest No. 12, Florence, 2005.ivCited in Groce, N., ’An Overview of Young People Livingwith Disabilities’, op. cit., p. 2.vBoyce, W., et al., ’Physically Disabled Children in Nepal:A follow-up study’, Asia Pacific Disability RehabilitationJournal, Vol. 10, No. 1 (2000), .The effect of multiple discriminations is typicallymore than merely additive. For example, a familybelonging to a minority group that experiencesdiscrimination is more likely to live in poverty andconsequently have limited access to proper medicalcare. The combination of these factors increases thelikelihood that a child will both be born with someform of impairment and have lower priority in accessto already limited support and services.The consequences of disability can be particularlyserious for women and girls because they risk beingdiscriminated against on grounds of their genderas well as of their particular impairment. As a resultthey may have even more limited access to essentialservices, including health care, education andvocational rehabilitation.Access to health, rehabilitation andwelfare servicesOf the 200 million children reported living withdisabilities, few of those living in developingcountries have effective access to health andrehabilitation or support services. For example,they may miss out on vaccinations, or treatment forsimple fever or diarrhoea, easily curable illnesseswhich can become life-threatening if left untreated.Mortality for children with disabilities under fivecan be as high as 80 per cent in some incomepoorcountries. 35 Children with severe disabilitiesmay not survive childhood because of a lack ofbasic primary health care facilities. In addition,rehabilitation services are often concentrated inurban areas and can be very expensive. 36 Even thesimplest aids and appliances to reduce the impactof a child’s impairment may not be available. Evenwhere services are largely urban based, children withdisability will often have to be left by their parentsfor weeks or months while they receive care – withprofound psychological consequences.Under article 24 of the CRC, every child has the rightto enjoy the highest attainable standard of healthand to have access to facilities for rehabilitation andthe treatment of illness. Once a child is identifiedas having an impairment, however, other normativeconditions may be overlooked, including basichealth care. In countries where access to basicmedical services is generally difficult, it is likely to besignificantly more difficult for children and adults withdisabilities to obtain proper medical treatment.Many medical decisions made around the globehave come to convey that the life of a child with adisability is considered to be worth less than that ofa child who has no disability. There are documented15 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

cases of physicians in both income-rich and incomepoorcountries who have chosen to deny childrenwith disabilities access to essential operations. 37 Inextreme cases, doctors, sometimes backed by thecourts, have refused to intervene to save the life of achild with a disability, even when the child’s parentshave sought such intervention. 38 Studies have alsosuggested that physicians may withhold medicaland rehabilitative services from people with severeimpairments because of assumptions that they aretoo severely disabled to benefit. In other respects,health care providers may lack awareness ofunderlying causes that have a persistent influence onthe health and well-being of persons with disabilities.Yet in other instances, children with disabilitieshave been subjected to clinical and pharmacologicalinterventions that would be considered unacceptableif carried out on children without disabilities inthe same community, with examples includingelectroshock therapy, excessive medication androutine hysterectomies. 39 The result in all suchinstances is that children with disabilities are deprivedof individualized or appropriate care.The basic and continuing education and training ofdoctors and other health professionals should alwaysinclude up-to-date information on childhood disability.This recommendation is reinforced by the CRPD. Anumber of resources are available to provide basicknowledge and skill development concerning personswith disabilities for health care workers. 40Persons with disabilities and family members haveoften played a key role in sharing their experienceand have made valued contributions to the trainingof health care professionals. Opportunities shouldalso be available for paediatricians and other healthprofessionals to meet children with disabilitiesin community settings, such as play centres andschools, as well as adults with disabilities in collegesand workplaces, rather than in hospital clinics.Parents across the world have expressed concernthat physicians tend to underestimate the potential ofchildren with disabilities to benefit from education andtraining or to make a positive contribution to society. 41Ill-defined policies, objectives and an ambiguousposition on the part of national governments oftenexclude or fail to ensure the provision of welfareservices for children with disabilities, across differentregions of the world. Different definitions of disabilityand poor coordination between departments ofhealth, social services and education are reportedin many developed countries and have seriousimplications for the extent to which children withdisabilities enjoy their rights to support and otherservices. This also makes it difficult for parents andchildren to determine the benefits to which they areentitled, creating wide variations in the availabilityand quality of support and services for children andtheir families. 42Legislative barriers can be exacerbated by administrativedivisions that indirectly perpetuate marginalizationand discriminatory attitudes. Services for childrenwith disabilities are often organized differently thanthose for children without disabilities, leading to inefficiencyand confusion for families. In many countries,different phases of education have different funding,administration and legislative systems, thus creatingbureaucratic barriers. In sectors such as education,health and social work, services for adults may beorganized differently than those for children. As aresult, after reaching a certain age, young people maylose welfare support to which they were entitled ormay have to renegotiate this support. 43Access to educationThe child’s right to education is enshrined in humanrights treaties, including articles 28 and 29 of theCRC. A critical implication is the requirement forprimary education to be compulsory and availablefree to all; and secondary education to be availableand accessible to every child, with the provision offinancial assistance when needed. The CRPD buildsupon this principle and makes recommendationsabout access to lifelong learning opportunities. Inmany parts of the world, however, the majority ofchildren with disabilities and especially those withmoderate, severe and profound impairments, are stillfar from enjoying access to any kind of school, letalone to regular education.In many Western countries and throughout Easternand Central Europe, special schools have played animportant part in providing education for children withdisabilities. Some of these have been residential,especially in large countries with scatteredpopulations, but many day special schools have beenestablished with pupils living with their families.In recent decades, however, the role of special schoolshas come under critical scrutiny, the lead being takenby Italy when it closed most of its special schools inthe 1970s, relocating the pupils to local schools andproviding individualized support through the recruitmentof support staff (see box 6.6 on page 29).Experience in many countries has shown thatmany children who would previously have beenautomatically referred to special schools can besatisfactorily educated in mainstream schools, givensupport tailored to their individual needs, oftenthrough an individual educational programme. Thisincludes children with intellectual disabilities suchas Down’s syndrome, a number of whom haveconfounded expectations by completing secondaryeducation and successfully passing the nationalschool-leaving examinations. 44Successful inclusive education experiences in numerouscountries are also linked to the expansion of earlyintervention programmes – guaranteeing an earlyInnocenti Digest No. 13Promoting the Rights of Children with Disabilities16

start for children and families. In addition, importantsteps are now being taken to initiate inclusive educationprogrammes at the preschool level.In reviewing the role of special schools in the future,some countries favouring inclusive education as afirst choice and as a matter of principle have decidedto retain special schools for children whose parentsexpress a strong preference for such schools, and forpupils who would be particularly difficult to supportin ordinary schools. Special schools are now moreclosely linked to mainstream schools in a variety ofways, sharing resources and training and sometimeslocated on the same site, a trend increasingly seenacross North America and Europe.Apart from discriminatory legislative measures, hurdlesto implementing inclusive education include:• low priority for children with disabilities amongdecision-makers;• lack of community awareness and support;• reluctance to admit children with severe andcomplex disabilities;• inaccessible buildings and curricula that are notadapted to the special needs of children with disabilities;• shortage and/or lack of appropriate training forteachers, at all levels;• lack of support from special schools where theseexist;• lack of targeted funding.To some extent, income-rich nations with a relativelylong history of segregated education for childrenwith disabilities present different barriers to inclusiveeducation than those found in income-poor countries.In the former, many ordinary primary and secondaryschools are not physically accessible to pupils withlimited mobility. 45 Access to the curriculum is evenmore problematic for children with intellectual impairmentsand learning difficulties, though this is beingaddressed in a number of countries. Also, some ofthe most significant barriers result from the legacy ofpolicies and structures that have influenced attitudesand mindsets and so created resistance to change.Market forces may also encourage discriminationwithin the education system. Schools oriented onresults generally publish formal assessments of pupilattainment that foster an educational culture whereparents and students compete to attend the bestschools. Children with disabilities may find themselvesexcluded if it is feared that they may compromiseoverall results. In this and other contexts, theremay be resistance to attendance by children with disabilitiesby the parents of children without disabilities.Families often face further obstacles in securing aplace for their child in an ordinary school. For example,children placed in ordinary schools may not beable to have access to speech or physiotherapy onthe same basis as those in special schools, and theirparents may be asked to pay for the child’s transportto and from school. Similar limitations often apply tothe availability of services in children’s early education.Such restrictive policies have the effect of steeringparents to use special schools when this is notnecessarily in the best interests of the child.In income-poor countries, resource shortages oftenrepresent the major constraint to inclusion: lack ofschools or adequate learning environments, shortageof teachers, lack of materials and an absence ofsupport. 46 On the other hand, attitudes to childrenwith disabilities sometimes favour their inclusion. Anumber of countries (such as Pakistan) have recordedexamples of ’casual integration’, in which childrenwith disabilities have been readily accepted in ordinaryschools ’because they are local children’. It hasbeen reported that in Viet Nam there is widespreadsocial acceptance of children with disabilities acrossthe general population. A Child Disability Survey in1998 found that the majority of households consistingof children with disabilities said that local peoplehad positive attitudes towards them. 47 Additionally,systems of customary and non-formal education inincome-poor countries are based much more on familyties, coexistence and the value of the individual,making this education available to all communitymembers without distinction. 48 While these traditionalsystems have been weakened, they have not beenentirely lost in the face of modernization.Institutionalization and lack of appropriate careFour decades of work to improve the livingconditions of children with disabilities ininstitutions have taught us one major lesson: thereis no such thing as a good institution. 49(Professor Gunnar Dybwad, founding father of themovement for inclusion, parent advocacy and selfadvocacyfor persons with disabilities)Placement of children in institutional care remains acommon response to disability in some parts of theworld. The ability of parents or caregivers to copewith a child with a disability may be compromisedfor different reasons. They may, for example, findthemselves isolated in a community that does notunderstand their child’s impairment; and they maylack the needed economic and social support, or therequired information, to be able to provide the neededcare and assistance for their children.However, it has become widely accepted thatinstitutional care for children whose needs cannot bemet within their own family is highly detrimental totheir well-being and development. Institutionalizationoften means that children are cut off from theirfamilies and the life in their communities. Researchhas demonstrated that children experiencedevelopmental delays and potentially irreversiblepsychological damage by growing up in such17 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

environments. Even in a well-staffed institution, achild rarely gets the amount of attention he or shewould receive from their own parents and families, orfrom substitute caregiver families in the community. 50In addition, children in these settings are denied theimportant benefit of modelling by other children,which is critical for learning.Under the CRC, children, including children withdisabilities, have the right to be cared for by theirparents (article 7) and not be separated from theirparents unless a competent authority determinesthis to be in the child’s best interests (article 9). Inthis regard, there is little evidence to suggest that thebest interests of a child with a disability are promotedthrough segregated structures or facilities rather thanin an inclusive society in which all children are able toexperience and benefit from diversity.This is reinforced by the CRPD (article 23), whichrequires: “States parties shall undertake that wherethe immediate family is unable to care for a child withdisabilities, to take every effort to provide alternativecare within the wider family, and, failing that, withinthe community in a family setting.”Furthermore, article 25 of the CRC states: “whena child has been placed for the purposes of care ortreatment, she/he has a right to a periodic reviewof treatment provided and all other circumstancesrelevant to the child’s placement.” The availableevidence suggests, however, that such reviews rarelytake place.Once institutionalized, adolescents and youngpersons with disabilities are also at increased risk ofneglect, social isolation and abuse. The World Reporton Violence against Children, for example, presentsevidence on the incidence of violence in relation tothe provision of care, including by institutional staff;violence represented by a lack of care; and bullyingand physical violence by other children. 51In almost all countries in Central and Eastern Europeand the Baltic States, the number of children inpublic care increased after transition. The numberof children with disabilities living in institutions roserapidly during the early transition years, doubling andtrebling their numbers over a short period. At theend of the 1990s, close to 1 million children (about1 per cent of all children) were reported to be livingin institutions in the 27 countries of the CEE/CISand Baltic States, including 317,000 children withdisabilities. 52 Medical conditions such as epilepsy,cleft palate and scoliosis are sometimes consideredsufficient reason for the unnecessary placement ofchildren in a long-term residential facility. 53 A varietyof reasons are given to justify such institutionalization:professionals may insist that institutions will providethe most effective care; there is a lack of supportfor families to allow them to care for these childrenat home; few services and supports exist in thecommunity to help parents address the needs ofthese children. Combined, these factors often resultin parents having little option but to assign theirchildren to residential care.Trends like these were seen in the RussianFederation, where economic hardship following thetransition contributed greatly to problems faced bychildren with disabilities and their families. Withfewer resources available to them in the community,more and more parents were forced to place childrenin institutions; in turn, the budgets of the institutions,already stretched, were required to cover the costsof an increased number of children. 54 In 2002 morethan 200,000 children were living in 1,439 boardingschools (internats), although only 11 per cent ofthem were orphans, and a further 30,000 childrenwith severe physical and intellectual impairments,half of whom were orphans, were cared for outsidethe education system in 151 boarding homes run bysocial protection agencies. A further 20,000 youngchildren, mostly abandoned, lived in 249 infant homesrun by health authorities. 55The practice of institutionalization is by no meansrestricted to Central and Eastern Europe and the CIS.Recent reports examine conditions in institutions, forexample in Latin American countries, 56 as well as inthe Middle East and South-Eastern Europe. 57For countries with a strong tradition of institutionalprovision, a major priority must be to developappropriate services and financial supports in thecommunity, especially to prevent abandonment andneglect.Wherever possible, if children cannot livewith their own families they should be in alternativefamily situations, that is, living in ordinary homesin the local community. These families should besupported by experienced professionals and shouldbe financially rewarded for their work and care.The children should receive appropriate educationtailored to their needs, preferably in a regular schoolwith appropriate support or, failing that, in a specialclass or special school. Continuing contact with thenatural family needs to be maintained, with a viewto their resuming care for the child at some pointin the future, this time with additional support fromprofessionals in the community. In the meantimeprofessionals like these should be recruited andtrained. In many cases there is scope to increasethe capacity and involvement of other existing socialnetworks, including faith-based groups and tradeunions, in support of such initiatives.Many countries in Central and Eastern Europe and theBaltic States have begun to address these problemsand to develop alternatives to institutional care, suchas adoption, fostering and guardianship. However,the pressure for institutional placement remainsstrong. Outside this region, a number of countrieshave closed all their residential institutions for childrenwith disabilities and developed the kind of provisionInnocenti Digest No. 13Promoting the Rights of Children with Disabilities18

summarized above. Others are in the process ofdoing so, not only for children but also for youngerand older adults with disabilities. As described morefully below, in addition to creating alternatives toinstitutional care, effective mechanisms of socialprotection need to be put in place that reach themost vulnerable families and caregivers.They includeeducational and health care support, including feewaivers, provision of day-care facilities and homebasedcare, material support to families living withdisability (tax breaks, cash transfers, in-kind support),counselling and social work services.In the meantime there is much that can be doneto create better conditions within the institutions.Accommodation can be altered to enable childrento live in small family groups and to be looked afterby staff who act as consistent surrogate parentsin environments that resemble an ordinary hometo the greatest possible extent. National standardsof care can also be established and rigorouslymonitored through an independent inspectorate, asrecommended by international standards, includingthe CRPD.The training and support of residential care staffis of paramount importance in this process. It isnot surprising that totally inadequate numbers ofuntrained and unsupported staff working in very poorconditions will resort to institutional methods of blocktreatment that leave children without toys, stimulationor personal attention. Given additional resources andtraining, however, staff can adopt more humane andchild-centred approaches to caring for children.The provision of high quality and well-staffededucational facilities in all remaining institutionsshould be a high priority, so that children are givenan effective opportunity to enjoy their rights toeducation, regardless of where they are living.Protection from violence, exploitation and abuseChildren are entitled to protection from violence,exploitation and abuse, including from economicexploitation, sexual exploitation and abuse, sale,trafficking and any similar practices prejudicial to thechild’s welfare. Children and young persons withdisabilities have been reported as being significantlymore likely to be the victims of physical, sexualand psychological abuse than their peers withoutdisabilities. The powerlessness, social isolation andstigma faced by children with disabilities make themhighly vulnerable to violence and exploitation in theirown homes, as well as in care centres, institutions oron the street. 58 A child who requires assistance withwashing, dressing and other intimate care activitiesmay be particularly vulnerable to sexual abuse.Perpetrators can include caretakers, attendants,family members, peers or anyone who enjoys aposition of trust and power. School bullying is also aform of abuse.As observed by the World Report on Violenceagainst Children, commissioned by the UN Secretary-General, “children with disabilities are at heightenedrisk of violence for a variety of reasons, ranging fromdeeply ingrained cultural prejudices to the higheremotional, physical, economic, and social demandsthat a child’s disability can place on his or herfamily.” 59 Impairments often make children appearas ’easy victims’, not only because they may havedifficulty in defending themselves or in reportingthe abuse, but also because their accounts are oftendismissed. 60 Violence against a child with a disabilitymay be perceived as somehow less serious and thechild’s testimony may be regarded as less reliablethan that of a person without disabilities. Sometimesthere is a reluctance to report rape or other formsof sexual abuse for fear of bringing more shameupon an already stigmatized family. 61 The problem iscompounded because initiatives to protect childrenfrom abuse rarely include children with disabilitiesin their remit. 62 Similarly, although article 39 of theCRC calls for recovery and reintegration support forchildren who have suffered abuse, this is far lessoften provided for children with a disability.In addition, as a review carried out for the UNSecretary-General’s Study on Violence againstChildren notes, “disabled children are alsodisproportionately represented in the criminaljustice system. Furthermore, once in the system,they often fare far worse than their non-disabledpeers.” 63 The review considered the often inadequateunderstanding of disability concerns by officials in thelegal, law enforcement and correctional systems. Inconsequence they may not recognize problems orconditions, or know how to protect and support thesechildren. For example, deaf children will not be able touse telephone hotlines to report abuse. There is a clearneed for staff development and support in this area.Disability in conflict and emergency situationsConflict, civil unrest and natural disaster representsignificant causes of childhood impairments –as well as barriers to supporting children withdisabilities in these situations, for example amongrefugees and internally displaced populations.Children with disabilities are especially vulnerablein emergency situations. They are often the firstto be abandoned by families and usually the last toreceive emergency relief and support. 64 A disabilityperspective is rarely present in assessmentsfrom the early stages of an emergency, and it isalso possible that, under pressure, humanitariancare workers revert to segregating persons withdisabilities and even accommodating them only byimpairment category, as happened in the Freetownamputee camp in Sierra Leone.Children and adolescents may be separated fromtheir families for long periods, with devastating19 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

Box 5.2 Landmines cause disability in AngolaWhile the total number of landmine victims inAngola is not known (due to limited data collection),government estimates report that there are70,000 to 80,000 mine survivors, representingnearly 80 per cent of all persons with disabilities.The proportion of casualties who are children istherefore also unknown. It is estimated, however,that 85 per cent of mine survivors are youngpeople (70 per cent of whom are illiterate). i TheCommittee on the Rights of the Child has notedwith concern the large number of landminesremaining across the country and continuing tocause injuries to children and pose a threat totheir survival and development. iiThere are few facilities available for people withphysical disabilities in Angola and the provisionof any type of assistance, particularly outsidemajor cities, has been significantly affected bythe long years of armed conflict. iiiSources:iLandmine Monitor Report 2006, Angola, .iiUN Committee on the Rights of the Child, ConcludingObservations of the Committee on the Rights of theChild (Angola), 1 October 2004, CRC/C/15/Add.246.iiiLandmine Monitor Report 2004 Angola, .long-term psychological consequences. Eventhe most caring of parents will be torn betweenremaining with their disabled child at a specialfacility and returning home to meet the needs of alltheir other children.Children in war zones run a greatly increased riskof being injured and disabled by landmines andunexploded cluster munitions, in African countriessuch as Angola (see box 5.2), in Cambodia andother South-East Asian countries, in South-EasternEurope and in the Middle East. Children may be outplaying in the fields or running errands through thewoods and they often cannot read warning signs.Many children were born after fighting ended, sohave no memory of where mines might have beenlaid. Children who cannot understand warnings areparticularly at risk. 65Assistance to child as well as adult victims oflandmines should cover at least six major areas:data collection; emergency and continuing medicalcare; physical rehabilitation and prosthetics;psychological support and social reintegration;economic reintegration; and disability laws andpublic policies. Available information indicatesthat most countries affected by landmines havefacilities to address some of the needs of landminesurvivors; however, in over 85 per cent of countrieswith new mine casualties in 2004–2005, oneor more of the above six areas was reportedlyinadequate to meet the needs of mine survivorsand other persons with disabilities. 66 When childrenare left injured, their growing bodies and boneswill require, on average, a new prosthesis every sixmonths. This places an immense financial burdenon families who are often already living in difficultcircumstances. 67Children involved in civil wars and disturbances areparticularly likely to suffer psychological traumaand long-term damage. Providing emotional andpersonal support to children should be addressed asa high priority.Particularly in the period since the December 2004tsunami, understanding has grown of the need forspecific provisions for persons with disabilities,including children, in relation to natural disasters.The distinct needs of persons with disabilitiesmust be taken into account, with their directinvolvement, in emergency planning and training,and in the design of systems for evacuation,shelter and emergency communications. Personswith disabilities must be involved as stakeholdersin the full spectrum of emergency response andrelief efforts, including in the areas of mobility andaccurate data collection. Organizations representingpersons with disabilities have a particular role toplay at all of these stages, including in the recoveryprocess. 68Whether in natural disasters or man-madeemergencies, a series of actions can be identified inorder to bring response for children with disabilitiesinto the mainstream. Focus must be on both theaffected child and the family. Preventive effortsshould aim both to prevent disabling conditionsfrom occurring, and to enable early identificationto prevent their progression. Protective actionsshould focus on reuniting separated children withtheir families or developing fostering alternativeswhere needed; and supporting families both withresources and with listening and advice. Childrenwith disabilities should have access to play, sportand leisure activities, and they should be involvedin decisions affecting them. Physical rehabilitationservices are important, depending on the individualsituation. Psychosocial services following disastersare critical for children with emotional or mentaldifficulties, which often seriously compoundphysical impairments. Finally, these children inemergencies should have access to education andpractical training, in inclusive settings. All actionsfor children with disabilities in emergency situationsrely on the promotion of positive attitudes andsupport by the community. 69Participation and access to opportunitiesChildren with disabilities, like all other children, havea right to express their views freely in all mattersInnocenti Digest No. 13Promoting the Rights of Children with Disabilities20

affecting them, and to have these views given dueweight in accordance with the age and maturityof the child. 70 All too often, however, there is areluctance to recognize the competence of childrenwith disabilities to contribute effectively to decisionmakingprocesses. This can be compounded byattitudes of caretakers, teachers and even parents,who may underestimate the ability of certainchildren to contribute a valid opinion. Changingsuch views about the ability of these childrento participate – or to benefit from support inparticipating – in discussion and decision-makingconcerning their lives is critical. It representsa major challenge to prevailing attitudes andpreconceptions in all countries, one that must beaddressed through training as well as through widerefforts to shift public beliefs and attitudes.The availability of timely and appropriate informationand knowledge resources – for persons withdisabilities, their families, service providers andthe public – is critical to improve access to qualityservices, increase participation in decision-makingand create public awareness and demand. Article17 of the CRC asserts a child’s right to informationand material aimed at the promotion of the child’ssocial, spiritual and moral well-being and physicaland mental health.Two innovative examples in the Americas representpotential models for adaptation in other countriesand regions. A National Dissemination Center forChildren with Disabilities serving the United Statesand related territories provides families, students,educators and others with information on topicsregarding children and youth with disabilities.Multiple communication strategies are used in orderto reach different population groups: direct contactthrough telephone, correspondence and email,as well as provision of web-based informationand resources (including in an audible version).Based on this US experience, a similar initiative,Entre Amigos, is underway in Brazil. This servicehas similar objectives but has used a differentdevelopment approach, which builds on theexperience and contacts of more than 20 Brazilianpartner organizations. 71Just as important as information provided formallyis the opportunity for informal learning throughthe interaction of children with disabilities withtheir peers. This in turn will allow them to explore,develop, learn and form opinions in the sameway as other children. Unfortunately, policies andprogrammes addressing the specific requirementsof young persons with disabilities are rare andusually limited in scope. 72 Children with disabilitieslack many of the opportunities open to otherchildren in areas such as learning, recreation,participation in sports clubs and societies, andinclusion in projects established by governments,NGOs or international agencies. This may be a resultof prejudice, inaccessible information or venues, orbecause these children are simply overlooked.For persons with disabilities, the transitionfrom childhood to adulthood is complex, in partbecause they may be denied new experiences andinformation considered essential for their peerswithout disabilities. Adolescents with disabilitiesoften receive little or no information about health,life skills and sexuality, putting them at greaterrisk of sexual abuse and of acquiring sexuallytransmitted infections, including HIV/AIDS. 73Similar challenges exist with respect to substanceabuse, yet many of the factors that increasepressure on any young person to drink, smoke ortake illicit drugs – social isolation, loneliness anddepression – are frequently found among youngpersons with disabilities.Very few young persons with disabilities succeedin finding work in any country. Even if they do,it is likely to be of lower status, less secure andmore poorly paid than that of their peers withoutdisabilities. In many of the transition economies,workers with disabilities who enjoyed guaranteedemployment under socialist regimes now findthemselves without work, while in all countriesthe chances of persons with disabilities findingstable salaried employment are far smaller thanfor their peers without disabilities. Many moreyoung persons with disabilities enter the informaleconomy. Inside the home this may involveperforming domestic tasks, assisting with homebasedwork or tending animals, while outside thehome it is likely to mean performing menial tasks oreven begging.While some children with disabilities will wishto continue with formal education on leavingschool, others may welcome the opportunity toprepare for the working world. Whatever theirpriorities, well-planned and coordinated transitionarrangements are essential. These might includethe provision of vocational training; meaningfulwork experience for individuals of at least theminimum age of access to employment; and taxincentives to mobilize employers wherever feasible.Employers, employees and workers’ organizationssuch as trade unions have important roles to playin the promotion of equal opportunities in theworkplace. In particular, this involves establishingconditions in the workplace aimed at the inclusionof young persons with disabilities who haveaccess to employment in conformity with relevantinternational standards. Employment structuresand social security support will, in turn, need to betailored to the needs of individuals.21 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

6 FOUNDATIONS FORINCLUSIONThe important question for children with disabilitiesis not whether, but how they can be fully included,as members of their families, schools, communitiesand society.Working with familiesThe process of including a child with a disability insociety as a whole begins with access to everydayexperiences in the home setting, with parents andcaregivers playing a central role. 74 For children withdisabilities, early intervention involving stimulationand interaction with parents soon after birth is essentialto development. Like every other child, a childwith disabilities has his or her own evolving capacities.At each stage of the life cycle – starting withearly detection and family-based early interventionthrough different levels of educational and recreationaldevelopment to the specific requirements thatcome with adolescence – there are different criticalmoments, challenges and opportunities in everychild’s development. Inclusive practices are relevantfor children with disabilities at all ages. However, theearlier these children are given the opportunity tointeract with their peers and to participate in society,the greater the benefit is likely to be for all children.Early identification and assessment, combined withappropriate interventions, mean that potential difficultiescan be identified in time to limit the consequencesof an impairment on a child’s life and developmentand to maximize participation in all the activities usualfor the child’s age group. Primary health care workers,along with other community workers, have a keyrole to play in identifying infants and young childrenwith developmental delays and impairments, and insupporting families to help their child to learn anddevelop. Early identification can also be promotedthrough the preparation of all family members, especiallyparents, to monitor their child’s developmentalprogress through the use of simple instruments,strengthened with a basic understanding of children’scapacities at different stages. The participation of thewider family, especially grandparents, is of great importancein ensuring parents feel supported and valuedin this process. Health and community workersneed to encourage the involvement of the extendedfamily wherever possible.© UNICEF/HQ06-0223/GulshanInnocenti Digest No. 13Promoting the Rights of Children with Disabilities22

Box 6.1 The Portage ModelThe Portage Model for Early Intervention, i whichoriginated in Portage, Wisconsin, USA, wasdeveloped in response to the growing needto provide services at home to young childrenwith disabilities living in rural communities. Themodel has now been adopted in 90 countries andtranslated into more than 30 languages.Because the role of a child’s parents and familyis critical to the child’s successful early development,the first priority is to support familymembers in their own homes to become moreconfident and competent when there are concernsabout a child’s development. The PortageModel provides well-structured assessmentand learning procedures and an individualizedcurriculum based on the child’s current level ofdevelopment and the family’s own priorities andresources. Although the home is regarded asthe natural learning environment, the model canalso be centre-based in the local community, asin Japan.Portage activities stimulate the achievementof developmental milestones that will helpmaximize the child’s independence as well asempower parents and caregivers through activeinvolvement in their child’s development. Parentsare assisted by a Home Visitor who works withthem to decide on priorities for the next stepsin development, and they jointly decide on themeans of helping the child to reach each newmilestone, however small.Home Visitors come from several backgrounds:they may be teachers, occupational therapists orsocial workers. They can also be other parentswho have experience working with young children,in which case they are provided with trainingby the Portage Association. Although HomeVisitors need only a brief period of preparation,they have continued access to support throughweekly group meetings with a supervisor.While the Portage Model usually requires childrenand their families to work in isolation, theapproach offers distinct advantages: it is popularwith families; it represents a highly structured,yet simple and modifiable teaching package; ituses a home-based approach adaptable to dailyliving skills; it is inexpensive, widely availableand easy to translate; it enables greater continuityof care than segmented service approaches;and it provides a means to strengthen the bondbetween children and families.Source:iSee ; Rodgers, Gene R., ’AWord about Portage’, 1998, .In South Africa, where significant progress is beingmade to promote the rights of children with disabilities,the Law Commission Review of the Child CareAct 1983 recognizes the importance of empoweringparents to care for their children at home. It suggeststhat this requires improved health care services, accessibleschools, free or affordable assistive devicesand support programmes for parents. It also stressesthe need for a more integrated approach to the deliveryof services in order to help parents navigate theirway through the system more efficiently and receivemore coherent and effective provision. 75A pioneering example of an influential home-basedapproach is the Portage Model for Early Intervention(see box 6.1).An early intervention programme with some similarityto Portage has been run by the Samadhan NGOin the poorest areas of Delhi, India for some years.Samadhan trains local community workers, the majorityof whom are women, to identify children withimpairments – particularly intellectual impairments –in their community. Under the early intervention programme,which caters for children up to six years ofage, community workers collaborate with mothers ina one-to-one situation in the family home. This helpsto increase the mother’s confidence and also encouragesother family members to become involved inthe child’s development. Families are supported byneighbourhood community centres established bySamadhan, where assessment, screening, diagnosisand programme planning is done. Apart from providingsupport for early childhood development, thecommunity workers create simple toys and teachingaids from locally found and low-cost materials. 76 Theearly intervention service has been a great success,particularly because it fosters the active involvementof women from the low-income target communitieswhere Samadhan operates. 77Other issues may arise as parents or caregivers growolder and in turn come to require support. Creativesolutions include ’shared care’ or short breakschemes. Short break carers look after children withdisabilities on a regular basis for limited periods oftime. These can be anything from a few hours aweek to a few days a month. This gives the parentsa break from providing full-time care and helps childrenmake new friends, widen their experience andexpand their social circle. 78 The provision of sharedcare is also critical when children are very young andparents are adjusting to new challenges.Outside the home, parents’ organizations, whetherformal or informal, have an enormous potential topromote positive attitudes towards children with disabilities,advocate for change and raise the profile ofdisability issues both at local and national levels (seebox 6.2).23 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

Los Pipitos is an active parents’ organization inNicaragua that supports children and adults with disabilitiesthrough innovative community programmes,including dance and creative movement, visual arts,drama and music. 79 It was founded in the mid-1980s,when 21 parents of children with a range of impairmentsmet in the garage of a house in Managua toshare knowledge and exchange experiences with theaim of finding alternative and creative ways to helptheir children. Today, Los Pipitos has a membershipof more than 14,000 families throughout Nicaragua. 80Support through parents’ organizations is oftencrucial as well for such purposes as assistingfamilies with health services for their childrenwith disabilities, whose health situations are oftenparticularly challenging. A useful example is providedby Family Voices, a US-based national grassrootsnetwork of families and friends that presses forcomprehensive and culturally suitable health-careservices for children and youth with special needs.The network, which provides significant informationaland advocacy resources, focuses on family-centredand community-based services with the aim ofpromoting the role of families in decision-making atall level of the health system. 81Working with communitiesEven within a single country, some communitieshave made much more progress than others.What may seem impossible in one place may becommon practice in another. There exists, therefore,a great potential for communities to learn from oneanother. When the resources represented by otherchildren, families, adults, teachers and communityworkers are drawn upon, all persons withdisabilities, including children and adults with severeimpairments, can make a valuable contribution to thelife of their community.With creative thinking and the vision of childrenthemselves, many apparent barriers can be transformedinto opportunities. Diversity in the classroom– often a source of concern for teachers – can becomea resource for learning. Children with differentstrengths can support each other in a numberof ways, introduce different experiences and breakdown prejudices and preconceptions. Indeed, timeand time again it is reported that it is all childrenwho benefit. By learning to live and work together,they lay the foundations for an inclusive society. Forexample, toys and educational materials for childrenwith disabilities have often been produced locally.This is not only cheaper, but more appropriate: it offersemployment for local workers, and children withdisabilities themselves can contribute ideas to designand production.Encouraging children with disabilities to take partin sport and recreational activities in company withtheir all their peers wherever possible is of criticalBox 6.2 Parent advocacy in Newham, LondonIn the London borough of Newham, which is amulticultural, socio-economically deprived innercityarea, the success of educational inclusionillustrates the achievement of parents. iIn 1984, a group of parents of children with disabilitieswho wished to see the end of segregatedspecial education stood for election to the BoroughCouncil, and were eventually elected. Theresult was a council policy that recognized theright of all children, whatever their needs, to learntogether. From the start, the process envisagedradically changing mainstream schools ratherthan fitting children with special educationalneeds into the existing system.There is now only one special school in the borough,as compared to the total of eight in 1984.In 1986, only 7 per cent of children identified ashaving special educational needs attended mainstreamschools, but by 2001 this figure had risento 79 per cent. An independent report commentedthat having to cater for children with seriouslearning difficulties helped schools to make betterprovision for all pupils, evidenced by a markedimprovement in school achievement and examinationresults through the whole of Newham.Source:iMaterial from Jordan, L. and C. Goodey, ’Human Rightsand School Change: The Newham story’, 1996, providedin Disability Equality in Education, Inclusion in SchoolsCourse Book, Disability Equality in Action, London,2002.relevance. For this reason, the CRPD includes a specificclause requiring States parties “to ensure thatchildren with disabilities have equal access with otherchildren to participation in play, recreation and leisureand sporting activities, including those activities inthe school system.”There are many examples of good practice encouragingthe inclusion of children with disability in sportactivities, with the involvement of UN organizations,disability NGOs and a wide range of generic and disability-specificsports organizations. 82 Examples fromBosnia and Herzegovina, Lao PDR, Malaysia and theRussian Federation demonstrate that access to sportand recreational facilities is not only of direct benefitto children with disabilities but also helps them toparticipate in valued activities with other children andthereby enhances their standing in the local community.Sport has been found particularly useful in areasof conflict to prevent accidents caused by landminesby the creation of play-safe areas and by teaching allchildren how to avoid and identify mines, as well asto develop ways of promoting the inclusion of childrenwith disabilities in the local community. 83Innocenti Digest No. 13Promoting the Rights of Children with Disabilities24

Box 6.3 World Health Organization programme ondisability and rehabilitationThe mission of the Disability and Rehabilitation(DAR) i initiative of the World Health Organization(WHO) is “to enhance the quality of life for personswith disabilities through national, regional andglobal efforts.” The DAR team works with partnerswho implement programmes, including organizationsrepresenting persons with disabilities, andnational and international professional and nonprofessionalnon-governmental organizations.Current activities include:• raising awareness about the magnitude andconsequences of disability• facilitating data collection and analysing or disseminatingdisability-related data and information• supporting, promoting and strengthening healthand rehabilitation services for persons with disabilitiesand their families• promoting the development, production, distributionand servicing of assistive technology• supporting the development, implementation,measuring and monitoring of policies to improvethe rights and opportunities for personswith disabilities• building capacity among health and rehabilitationpolicymakers and service providers, and• fostering multisectoral networks andpartnerships.The DAR programme provides support to WHO memberstates for policy development and for the integrationof rehabilitation into primary health care. Withinthe United Nations system, the DAR team collaborateswith the International Labour Organization (ILO),UNESCO and UNICEF to promote and strengthen thecommunity-based rehabilitation strategy for rehabilitation,equalization of opportunities, poverty reductionand social inclusion of persons with disabilities.The World Health Organization is currently leadingthe preparation of the World Report on Disability, tobe released in 2009.Source:iWorld Health Organization DAR website . See also WHO, ’Disability and Rehabilitation:WHO Action Plan 2006-2011’, WHO, Geneva, 2006,.Toy libraries can also provide an invaluable resource tochildren and families. In Serbia and in Montenegro, toylibraries have been set up in 20 towns with the supportof Save the Children and UNICEF. These librariesare staffed by teachers, special education teachersand psychologists on a voluntary basis. Once a weekcreative workshops are run for the children, includingdrama, drawing and terracotta, as well as discussiongroups during which parents and children can sharetheir experiences. 84Entry into the education system offers another opportunityto identify impairments and provide appropriatesupport. In Fiji, the NGO Project Heaven carries outearly detection of disabilities (visual and auditory impairments)among all primary and secondary schoolstudents. The success of the project encouraged theMinistry of Education to integrate it as a regular fundedactivity of the Ministry. 85Many simple and creative initiatives to supportchildren with disabilities do not require newinfrastructure or investment, but can simply buildon community strengths and pre-existing facilities.In Bangladesh, Handicap International and itslocal partners have worked to integrate a disabilitydimension into the work of community developmentorganizations through its programme on CommunityApproaches to Handicap and Development. Thepartners work with over 100 local communitydevelopment organizations active in mainstreamdevelopment activities, including fishing, microcredit,health, housing, legal aid and women’s justice.A disability perspective is encouraged in all theseactivities by raising the awareness of staff, promotingawareness-raising campaigns, inserting a disabilitydimension into induction programmes for new staffand by training project workers, such as the traditionalbirth attendants who participate in the health projects.This point is also illustrated by the experience ofthe Women’s Credit and Savings Programme inViet Nam, established by Save the Children andrun through the local Women’s Union. Monitoringof these micro-credit schemes demonstrated thatalthough some persons with disabilities were usingthe scheme, many families with disabled membersliving in extreme poverty were afraid to borrow forfear they would be unable to repay the loans. Anawareness-raising workshop held in partnership withthe Women’s Union led to improved access to thescheme for women with disabilities and mothersof children with disabilities. These improvementsincluded an increase in children with disabilitiesreceiving scholarships and attending school andthe provision of free essential treatment, includingtreatment of children suffering from cleft palate andeye conditions. Provision was also made for familieswith disabled members to receive assistance withtheir harvest. The overall result was that the largestNGO credit scheme in Viet Nam gained a cleardisability perspective. 86Where programs work through community developmentorganizations, they avoid having to incur extracosts and benefit from existing skills, connections25 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

and knowledge. 87 Conversely, where these alreadyexist, segregated services can provide outreach tothe whole community. In India, for example, specialschools run by the Spastics Society were opened tochildren without a disability living in nearby deprivedurban areas. 88With regard to older children, in Belarus UNICEF hasworked with partners in providing children with disabilitieswith better care and opportunities for developmentand integration. Family support models ofcollaboration between NGOs, local authorities andpublic agencies were developed and implemented in18 regions of the country. Children and adolescentswere offered access to information and training in lifeand vocational skills. In all, more than 2,500 childrenand adolescents with disabilities benefited from thisproject. 89 In addition, almost 1,000 parents of childrenwith disabilities were given counselling and training tostrengthen their knowledge and skills to support themin providing their children with better care.Community-based rehabilitationA specific form of local support is community-basedrehabilitation (CBR) programmes that are designed andrun by local communities. CBR, which was first developedin the late 1970s and early 1980s by the WorldHealth Organization (WHO), is a “strategy which,within general community development, promotesrehabilitation, equalization of opportunities, povertyreduction and social inclusion for all children and adultswith disabilities at a local level.” The major objectiveof CBR is to ensure that persons with disabilities andtheir families enjoy access to regular services and opportunities.In this way, they become active membersof their communities and, equally, communities feel asense of ownership with regard to these projects. 90Community-based rehabilitation is implementedthrough the combined efforts of persons withdisabilities themselves and their families in theneighbourhood, along with the appropriate health,education, vocational and social services. Thepotential of CBR is fully realized when there is astrong culture of sharing information about goodpractice, and in providing evidence about coverage,quality of service, sustainability, comparability andcost effectiveness – a key characteristic of CBRprojects when they are well managed. 91Community-based rehabilitation can benefit everyonein the community. For example, when the communitymakes changes to facilitate access for persons with disabilities,it makes life easier for others who were not recognizedas having disabilities. If the community clearswalkways and makes them smooth for wheelchairs tomove easily, or for people with visual impairments towalk, then these walkways are also made easier forolder persons or those pushing carriages or carts. Additionally,CBR can serve as a stimulus for communityleaders and social groups to work together. 92Box 6.4 Using local resources to producelow-cost aids in Mexico and the PhilippinesProjimo (Program of Rehabilitation Organizedby Disabled Youth of Western Mexico) haspromoted community-based health andrehabilitation initiatives. i A programme runfrom the outset by and for persons withdisabilities, Projimo broke new ground in grassrootshealth and empowerment.Among Projimo’s many initiatives is its SkillsTraining and Work Programme that providesconstructive work opportunities. This includesthe Children’s Wheelchair Project in theSierra Madre mountains that produces lowcostwheelchairs customized to fit individualneeds. Using wood, metal, bicycle tyres andbasic designs, the project produces over 100individually designed wheelchairs each year.The demand for these wheelchairs is extremelyhigh, and the master wheelchair builder, whohas an impairment himself, receives requeststo train community-based craftworkers from allacross Mexico. The Netherlands-based StichtingLiliane Fonds helps to cover the cost of thewheelchairs for children from poor families. iiMost of the wheelchairs found in the Philippinesare donated from other countries. However,harsh road conditions in rural areas necessitatecustomized wheelchair production. In 1996,the National Federation of Disabled Persons(KAMPI), with support from the Departmentof Social Welfare and Development and afundraising organization associated with aJapanese newspaper, set up a training projectfor persons with disabilities who were interestedin making wheelchairs in their own communities.Within months, KAMPI affiliate organizationswere producing low-cost wheelchairs usingmaterials that can be purchased from any localbicycle store: frames made of steel tubes andwheels using bicycle tyres. Repairs are normallybe made by local welders or mechanics. KAMPIwheelchairs were found to be both sturdier andless costly than commercial wheelchairs.Sources:iUnited Nations Economic and Social Commission forAsia and the Pacific, ’Production and Distribution ofAssistive Devices for People with Disabilities: Part 1’,United Nations, New York, 1997, , accessed 17August 2007.iiProject Projimo, and , accessed 17 August 2007.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities26

A global resource for the promotion of CBR isprovided by WHO’s Programme on Disability andRehabilitation, which is discussed in box 6.3.Community-based rehabilitation is a general strategy,within which specific initiatives will respond to localsituations. In Guyana, for example, a CBR projectwas started in the coastal areas of the country byparents of children with disabilities. Subsequently,the decision was taken to extend the programmeto indigenous Amerindian communities in theinterior. As a first step towards establishing a CBRprogramme in the region of Rupunini, a meetingwas organized to which community leaders from thesurrounding villages were invited. When it emergedthat some of the villages had no schooling facilitieswhatsoever, it was decided that the CBR programmewould support the setting up of village schools aswell as training activities for teachers, village healthworkers and community volunteers.Within this structure, the communities themselvespromoted the issue of education for children withdisabilities. This example illustrates how taking adisability perspective from the initial stages of aproject and working within a community contexthelps to promote education for all. 93Other interesting CBR initiatives discussed in box6.4 illustrate how low-cost local solutions offer theadvantage of being both sustainable and sensitive tospecific situations.From institutions to communitiesMany of the initiatives that have been discussed,especially those relating to families and communities,are essential foundations for the successfulpromotion of alternatives to institutional care forchildren and adults with disabilities. These includethe introduction of measures that reduce thepressure for children to be admitted to institutionsin the first place, including the development ofchild-centred public services, accessible schoolsand the provision of local supports and services. 94These elements can be complemented by thedevelopment of support programmes for and byfamilies and the establishment of community-basedalternatives. These new community services can bedeveloped with the active involvement of parents andcommunity organizations.Immediate changes that might be introducedin existing institutions include restricting newadmissions where alternative support structures arealready established, improving the quality of servicesand protections against abuse, and regroupingchildren into smaller ’family style’ units, wheregirls and boys of a range of ages and abilities livein smaller groups with a ’house’ parent or parents.Sometimes such smaller family groups can be set upin the local community. 95Overreliance on institutional care for children inCentral and Eastern Europe and the former SovietUnion has in turn encouraged a number of newinitiatives for deinstitutionalization, with positiveresults. As an example, in the Saratov region ofthe Russian Federation, a Rehabilitation Centre forDisabled Children has been established with the aimof preventing institutionalization. The Centre sendsout mobile teams of professionals who providerehabilitation services to children with disabilitiesliving at home. As in the Portage programme, theyteach children skills to facilitate their inclusion intosociety. Family members, who are informed of theirlegal rights and entitlements as caregivers, are alsotrained to support children. The Centre has servedmany thousands of children and family members. 96(See box 6.5 for examples from Bulgaria.)An important lesson to be drawn from theseinitiatives is that deinstitutionalization programmesmust go hand in hand with relevant developments atthe community level. Structures must be changed,appropriate long-term support mechanisms need tobe put in place in the community, and understandingand acceptance of children with disabilities in widersociety must be promoted for deinstitutionalizationnot to give rise to its own set of difficulties. Forexample, sexual and physical abuse is a risk inthe community just as it is in institutions, and achild’s right to protection can be reinforced by theestablishment of an independent oversight system tomonitor protection issues.Towards inclusive schools and learningenvironmentsInclusive education involves ensuring that meaningfullearning opportunities are made available to allstudents within the regular educational environment.The ’World Conference on Special Needs Education:Access and Quality’ held in 1994 in Salamanca, Spainprovided decisive support for inclusive approaches toeducation. It unanimously adopted the Statement anda Framework for Action on Special Needs Educationproviding guidelines for action at the national level aswell as regional and international cooperation in thepromotion of inclusive education.Ideally, inclusive education means attending the ageappropriateclass of the child’s local school, with individuallytailored support. Inclusive education meansthat schools must change to accommodate a muchwider range of children. For example, the curriculumneeds to be differentiated to ensure access to a widerange of children – not just children with disabilities –and should reflect the needs and interests of childrenin the local community. Children are taught in smallgroups and are helped to support one another ratherthan to compete. Inclusive schools pay particularattention to developing appropriate methods of assessmentand avoid all unnecessary segregation ofchildren within the ordinary classroom. They also pay27 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

particular attention to school-based teacher preparationand support and to involving parents in the life ofthe school and in fostering the development of theirchild. Above all, the leadership provided by the headteacher/principal of the school has been shown to bethe key to the successful management of change tomore inclusive practice.Inclusive education is by no means a luxury availableto only income-rich countries. Indeed, many of themost innovative and radical developments are nowtaking place in low-income countries, such LaoPDR, Lesotho, Morocco, Uganda, Viet Nam andYemen. 97 Experience has shown that there are waysof developing inclusive practices at the local levelthat do not involve additional funding: collaborativework between students, parental involvement inthe classroom and teacher problem-solving andmutual support have been shown to be effective. 98For example, until recently South Africa had arigid curriculum characterized by traditional formsof assessment and grading. This has now beenreplaced in favour of ’outcome-based education’,which replaces a specification of content with onebased on outcomes. These are accompanied by’assessment criteria’ and ’performance indicators’against which students’ achievement of outcomescan be assessed. 99Existing flexible education approaches can oftenbe used to promote more inclusive education forall children. The Colombia ’Escuela Nueva’ model,designed as a multigrade approach for rural areas,promotes active learning and provides an excellentopportunity to respond to individual learning ratesand needs. Flexible promotion from one level to thenext and individualized instruction allow students toadvance at their own pace. Students are encouragedto help others; peer instruction is practised, witholder students tutoring younger ones. 100 In Brazil,the Child Friendly School Model and ’speed-upclasses’ also represent important opportunities toexpand inclusive education for all through approachesfocused on the child or adolescent.Many countries are now facing the challenge to setup new systems of basic education for all, ensuringthat marginalized groups are included from theoutset. This is true in countries where there is littleor no formal schooling in place. It is also the case inother countries – such as in parts of South-EasternEurope – where the education of children has beenseverely affected both by armed conflict involvingthe physical destruction of schools and by a largescalemigration of teachers to other countries.In such situations it is important to ensure thatall new schools are designed to be accessible tostudents with disabilities, for example by buildingramps and ensuring that doors are wide enough toadmit children in wheelchairs, that toilets are fullyaccessible and that classrooms can be wired for loopsystems for children with hearing impairments.Box 6.5 Bulgaria’s National SocialRehabilitation CentreIn Bulgaria, the National Social RehabilitationCentre set out to establish a new model ofcare and services to change the practice ofplacement of persons with disabilities in isolated’social care’ homes, and so to prevent youngpersons with disabilities being overlookedby society. i This involved the provision ofcommunity-based services, building strategiesto ensure the replication of good practice, andcooperating with the national government andlocal authorities to create conditions for equalparticipation of persons with disabilities inpublic life. Their programme was started withthe financial support of the European Union.The Saint Mina day centre in Sofia, the first daycare centre for children with disabilities, wasestablished in 1997. It receives 26 children a dayand another 30 for consultancy. Children whoattend the centre have made significant progressin their development and some now attendmainstream schools. The first National SocialRehabilitation Centre regional bureau for socialservices was established in the city of Bourgaswith the cooperation of the municipality. Thereare now also bureaus in the towns of Varna,Ponmorie and Stara Zagora. This initiativehas led the way in Bulgaria’s move towardssocial reform from a system of social/medicalinstitution-driven care to one based on themodel of community care.Source:iDepartment for International Development – DFID;Development Planning Unit, University College London,for United Nations Human Settlements Programme(UN-Habitat), Implementing the Habitat Agenda: Insearch of urban sustainability, Development PlanningUnit, University College London, 2001.In contrast, where educational resources and structuresare already relatively well developed, a majorchallenge is to ’unlearn’ entrenched practices basedupon a philosophy of exclusion and to direct resourcesin new ways. Promoting inclusion need not meanlosing the resources represented by special schools:for example, there is the opportunity for such schoolsto act as resource centres during a period of transitionand staff with specific experience in the field ofdisability can become an invaluable resource in localschools. National support is crucial for the success ofsuch processes. In Costa Rica, for example, effortsbegan in 1999–2001 to establish a National ResourceCentre for Inclusive Education that supports schoolsfor more inclusive approaches to serving childrenwith disabilities, and at the same time to improve thequality of education for all students. 101Innocenti Digest No. 13Promoting the Rights of Children with Disabilities28

Box 6.6 Inclusive schooling in Italy:A pioneering approachIn the 1960s, Italy had a well-developed system ofsegregated schools for children with disabilities. Inthe course of the 1970s, however, serious questionswere raised regarding these facilities and bothparents and teachers began to press for change.The Italian Government took up this challenge andin 1977 passed a law that restricted the placementof children in special schools and classes and beganto promote the inclusion of these children in regularclasses. Further legislation introduced in the early1990s provides a framework for inclusion policiesand for cooperation between schools and otherservices. iAt present, some 98 per cent of children assessedas having some form of impairment are taughtin regular classes, including children with severeand multiple disabilities. In terms of assessment,attention is paid to the individual characteristics ofthe child and the goals that he or she may achieve,rather than comparison against a set standard. Thisis carried out within an individualized profile that isdrawn up with the participation of the child’s familyand school, along with socio-medical services andthe local authority.Italian law stipulates that children with disabilitiesshould be given priority in the allocation of placesin school. Some 40 per cent to 50 per cent ofchildren with disabilities go on to liceo or seniorhigh school at the age of 16.The experience in Italy is that the inclusion ofchildren with disabilities in regular classes benefitsall children because teachers are required to workwith pupils in an innovative, non-traditional way.While this experience must be seen within theItalian context, its success has had a significantimpact in challenging existing segregated educationprovisions in Europe and beyond.Source:iVianello, Renzo and Guiliana Truffa, ’Integrating Childrenwith Disabilities in Italy’, Children in Europe, No. 2, March2002.Box 6.7 Uganda: An example of inclusive planningAs a main plank of its commitment to rebuild thesocial and economic fabric of the country, theUgandan Government has for some years given thehighest priority to the education of all its children. iFree primary education is guaranteed to fourchildren in every family, with priority given tochildren with disabilities, as well as to girls. As aresult, the number of children enrolled in primaryschools rose from 2.5 million in 1996 to 7.6 millionin 2003, ii while the number of teachers increasedfrom 38,000 in 1980 to over 90,000 in 1998.This commitment to universal primary educationhas been made within the framework of the UNEducation for All initiative. Uganda was one of thefirst countries to apply for debt relief under theUN Heavily Indebted Poor Countries Initiative, inreturn for a commitment to invest the money thussaved in health and education. In addition, severalinternational NGOs have entered into partnershipagreements with the government and grants havebeen provided to this end by the World Bank,African Development Bank, the European Union,UN Development Programme and UNICEF.Within this general context, the government hastaken a number of specific steps to ensure that theneeds of children with disabilities are given priority.For example, a Department of Special NeedsEducation and Careers Guidance has been createdwithin the Ministry of Education and Sports; eachof the 45 administrative districts has at least onestaff member who is responsible for ensuring thatchildren with disabilities are admitted to schooland do not drop out prematurely; and the UgandaNational Institute of Special Education is developingteacher training programmes at every level andoffers support to the 45 district services.However, significant hurdles still need to beovercome in Uganda. For example, reform of theschool curriculum and the training and retraining ofteachers is a slow process.Sources:iUNESCO, Including the Excluded: Meeting diversity ineducation: Example from Uganda, UNESCO, Paris, 2001;and Mittler, Peter, ’International Experience in IncludingChildren with Disabilities in Ordinary Schools’, paperprepared for UNICEF seminars in Tunisia and Italy,October 2002, .ii’UNICEF Uganda 2004 Annual Report’ (internaldocument), UNICEF, Kampala, 2004.29 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

Both where there is an absence of facilities and in thepresence of segregated structures, a growing bodyof experience indicates the feasibility of successfullyimplementing inclusive practices in education. Thisis demonstrated by two very different countries:Italy, where the shift to inclusive education began asearly as the 1970s (see box 6.6), and Uganda, whichhas recognized the crucial importance for nationaldevelopment of ensuring that Education for All is nota distant goal but a reality (see box 6.7).Training teachers for inclusive educationIn any country, and especially where material resourcesare scarce, the key resource in the learning environmentis teachers themselves. It is important thatteachers have a commitment to teaching all children.Where teachers can receive relevant pre-service andin-service training and have access to continuingsupport, they are well placed to become leaders andpacesetters in inclusive education.Inclusive teaching at the level of the classroomis no more than good teaching anywhere. Manyteachers are already teaching inclusively without thebenefit of additional specialist training (see box 6.8for an example from Lesotho). But faced with thechallenge of admitting children with disabilities intotheir class, it is understandable that teachers maydoubt their ability to meet all needs. But what theylack is not competence but confidence – because theskills required to teach children with disabilities areessentially those already possessed by all competentteachers. These include:• the ability to assess pupils’ strengths and needs;• the skill to individualize teaching procedures tosuit a wide range of abilities;• the flexibility to adapt the content of subject matterto pupils’ interests and abilities and ensure itsrelevance to the social and cultural context;• teamwork within the school and with outsideprofessionals, linking with other learning environmentsfor reinforcement;• a working partnership with parents;• using available technologies capable of supportinglearning, and monitoring the success of approachesbeing employed. 102Even so, teachers need to be able to call on specialisthelp from teachers with experience of teachingchildren with disabilities, particularly children withsensory or intellectual impairments. For example,specialists can advise on lighting conditions and lowvision aids, as well as the use of Braille materialsand computer-based instruction where this might bemade available. Similarly, it is helpful to have informedadvice on sound amplification, the use and repair ofhearing aids and the use of sign language for childrenwith different types of hearing impairment and, onoccasion, for the class as a whole to ensure theinclusion of a child with a severe hearing impairment.Box 6.8 Empowering teachers in LesothoIn Lesotho, a project was initiated in whichintensive training workshops on inclusion wereprovided to local teachers. i Despite large classesand an absence of basic resources in the 10 pilotschools that were selected, most teachers werefound to be already teaching along inclusive linesby ensuring that all children − even those in thelargest classes − were participating, understandinginstructions or getting appropriate support fromother children.Additional training received by these teachersprovided them with basic information aboutimpairments and helped them to develop positiveattitudes towards children with disabilities. Thistraining gave teachers the confidence to referchildren to local health workers for treatment ofcommon eye and ear infections that can affect achild’s learning. The success of the pilot schoolsencouraged the government to adopt the inclusionof children with disabilities as a national policy andto expand the number of schools involved.Source:iAs quoted in Mittler, Peter, ’International Experience inIncluding Children with Disabilities in Ordinary Schools’,paper prepared for UNICEF seminars in Tunisia andItaly, October 2002, .Advice and support can sometimes be found in specialschools and classes or from strategically placedresource centres in the community. It is important toensure that such specialist support gives teachers inordinary schools the skills and confidence to assumesome elements of a specialist role themselves.The same principle applies to the advice that canbe provided by speech and language therapists,physiotherapists and psychologists.With the aim of increasing the confidence of teachersand promoting their sensitivity to the individualneeds of children, UNESCO has prepared a range ofuseful resources, including teacher-training materialsin a Teacher Education Resource Pack that includesboth written and video material. This pack has beenused and adapted in over 90 countries and translatedinto more than 30 languages. It is supported by aninternational resource team engaged in national, regionaland international training and dissemination.The resource pack includes a Guide for Teachers, 103which is particularly useful in countries where specialistresources are scarce. The guide can be usedfor self-study or in the context of a workshop led bya facilitator. In addition, UNESCO provides accountsof developments from individual countries 104 andschools around the world. 105 It also publishes theOpen File on Inclusive Education, which providesmaterials for managers and administrators and is intendedto facilitate the implementation of inclusion. 106Innocenti Digest No. 13Promoting the Rights of Children with Disabilities30

Involving children with disabilitiesAs discussed previously, there are numerous reasonswhy children’s participation should be encouraged,in daily life as well as in policy development. Thesearguments are particularly strong in the case ofchildren with disabilities:• In advancing inclusion and overcoming obstacles,persons with disabilities themselves are theexperts – nobody understands the impact ofexclusion better than those who experience it.• A key element of citizenship is the right toexpress one’s views and to influence decisionmakingprocesses. Denying children withdisabilities the right to be heard effectivelymeans denying them full citizenship.• Decisions made about or on behalf of a child arebetter informed and more likely to produce positiveoutcomes if she or he is involved in the process.• The process of participation is a central part oflearning to take responsibility, to make decisionsand to develop self-esteem and confidence.• Children with no voice are vulnerable to abuse,violence and exploitation, since they have nomeans of challenging this oppression. 107Putting such initiatives into place is not a highlyspecialized operation requiring significant additionalresources. In practice, the inclusion of children withdisabilities can be significantly advanced by simplyconsulting with these children and their familieswhen setting up projects or structures intended for ageneral population, or by maintaining an awarenessof potential barriers to inclusion in any new initiatives.108 Underestimation of the potential of childrenwith severe or complex impairments is perhaps thegreatest obstacle: experience has shown that allchildren can be helped to find the means to expressmeaningful choices and preferences. 109© UNICEF/HQ06-0807/Shehzad Noorani31 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

7 ENSURING ASUPPORTIVEENVIRONMENTCreating a more inclusive society for all, and for childrenwith disabilities in particular, requires a numberof preconditions that combine to provide a supportiveenvironment for inclusion. These elements include:• the presence of local governance structures thatpromote children’s participation and the realizationof children’s rights;• the introduction and development of laws andpolicies addressing disability issues;• mechanisms to permit persons with disabilitiesand their families to influence disability-relatedpolicies;• general and focused raising of awareness;• appropriate budgetary allocations;• adequate monitoring mechanisms to promoteand assess progress.Such a combined approach is critical to ensuring sustainablechange and to establishing the most effectivesupportive environments for children at all stagesof the life cycle.Local governanceGood local governance pursues policy approachesguided by human rights and designed to promote therealization of fundamental rights and freedoms of allthose living under the jurisdiction of the local governmentauthorities. In this spirit, good local governancepromotes the mainstreaming of children’s rights inlocal plans, policies, institutions and budgets.In this respect, the Child Friendly Cities initiative promotesthe consideration of the rights of the child asa distinct point of attention in planning, policy-makingand resource allocation, with children’s voices informingthe democratic process. Child Friendly Cities areclassified as a “city, or any local system of governance,committed to fulfilling children’s rights.” 110These cities can be found throughout the world, withBangkok, Buenos Aires, Chicago, Florence, MexicoCity and Mumbai as examples.A key feature of a Child Friendly City is that specialattention is given to disadvantaged and marginalizedchildren, including children with disabilities. In Canada,for example, the Society for Children and Youth ofBritish Columbia is a fully fledged Child Friendly Cityprogramme that has given the issue of disability specialattention. 111A disability dimension can be introduced at city levelin a variety of ways:• by explicit incorporation of disability issues inlocal policy and planning;• by the promotion of projects to change publicattitudes and promote awareness of the rights ofchildren with disabilities;• by the creation of neighbourhood or districtmaps developed in consultation with childrenwith disabilities − which can help provide localgovernments and other agencies with a means topromote their rights and address their needs. 112Laws and policiesMany countries include in their Constitution specificprovisions referring to non-discrimination, but whilegender, ethnicity, race and religious beliefs are oftencited as grounds for protection, specific references todisability are less common. Since the 1980s, constitutionaland legislative changes in favour of personswith disabilities have been enacted in a number ofcountries, including Austria, Brazil, China, Finland,Germany, Malawi, the Philippines, South Africa,Uganda, the United Kingdom and the United States.Research shows that, across regions, 39 states haveadopted non-discrimination or equal opportunity legislationin the context of disability. 113These reforms have been based upon internationalhuman rights instruments, including the Conventionon the Rights of the Child. They were also influencedby the 1993 UN Standard Rules on the Equalizationof Opportunities for Persons with Disabilities and thework of the Special Rapporteur on Disability. The newConvention on the Rights of Persons with Disabilitiesalso requires a re-examination of legislation and policiesin all member States.A commitment to inclusive planning ensures thata disability dimension is clearly present in all policydevelopment, implementation and monitoring. To thisend, a useful toolkit has been developed and is availableonline. 114A good example of inclusive planning is provided bySouth Africa, where the promotion of inclusion forchildren with disabilities has been linked to broaderdevelopments such as the overall reform of thecountry’s education system and curriculum, and tochanges addressing the status of marginalized groupsInnocenti Digest No. 13Promoting the Rights of Children with Disabilities32

BOX 7.1 Nicaragua: Coordination promotes therights of children with disabilitiesIn 2002, 15 Local Commissions of Parents withDisabled Children were established in Nicaragua.Some 168 people from 42 organizationsworking at the municipal level took part, and 531parents and family members in 19 municipalitieswere trained in detecting disabilities as well asin the education and rehabilitation needs of thechildren concerned. Comprehensive monitoringvisits were carried out in these municipalities.With financing from the Swedish InternationalDevelopment Cooperation Agency (SIDA), newearly childhood education centres were establishedand existing centres restructured to operatewith active participation from the local community.All of the centres received rehabilitationequipment, and parents and families receivedtraining in how to use it. The early childhoodeducation centre model supported by thisproject was adopted by the ministries of Health,Education and the Family, and was replicated inother parts of the country.Source:’UNICEF Nicaragua 2002 Annual Report’ (internaldocument), UNICEF, Managua, 2002.in general. Similarly, explicit priority is given to childrenwith disabilities as an integral element of Uganda’scommitment to provide free primary education to fourchildren in every family (see box 6.7 above). In Brazil,inclusion is part of wider efforts to address problemsof poverty, marginalization and illiteracy. Some 5 millionchildren have benefited from Bolsa Familia, anationwide programme providing grants to the poorestfamilies to send their children to school. 115 This programmeis being implemented along with a nationalinitiative on inclusive education and is further strengthenedby municipal level capacity-building efforts. 116 Theexperience of Brazil will provide valuable knowledgeabout the ways in which the special needs of childrenwith disabilities can best be addressed in such largescale,multidimensional programmes.These examples show that inclusive initiatives canpotentially benefit excluded children collectively.Separate budgets for different excluded groupsof children – children living on the street, workingchildren and so on – can result in the inefficientdistribution of resources and an overlap of provision.Inclusion has also been linked to fundamentaldemocratic processes, including participation in civilsociety and in voting and local decision-making. 117Non-governmental organizations and internationalorganizations have the potential to act as catalystsat the national level, raising awareness of disabilityissues and bringing together diverse actorssuch as government ministries, local authorities,development agencies and children with disabilitiesand their families. Box 7.1 provides an example ofinitiatives taken in this respect through UNICEF’scooperation in Nicaragua.The rights of children with disabilities are oftenmost effectively promoted when ’disability issues’do not come under the responsibility of a singleministry. The mainstreaming of disability issues intoexisting programmes and throughout establishedsectors, such as health, education and social welfareministries, might still involve establishing a focal pointfor disability to ensure that children with disabilitiesare included in all programmes. Without this,disability issues are in danger of being submergedand overlooked.One effective initiative has been to establish a nationalcoordination committee that oversees disabilityissues in all ministries and at different administrativelevels to ensure intersectoral coordination. Organizationsof disabled persons should always be fullyrepresented on an equal basis. In Turkey, for example,intersectoral coordination has been promoted throughthe establishment of a coordinating agency, the Administrationof Disabled Persons. 118 An alternative isrepresented by South Africa, where both the Officeon the Rights of the Child, and the Office on the Statusof Disabled Persons, which are responsible forthe Integrated National Disability Strategy, are basedin the President’s Office. 119The development of national legislation and policy toaddress disability issues is an opportunity to ensurethat public spaces, buildings, recreation areas andtransport systems are conceived or modified in sucha way that they can be used by all citizens and thatgovernment departments themselves take a lead inthe employment of persons with disabilities. In thisregard, a number of countries have made notableprogress in modifying access to streets, buses, trainsand some buildings for persons with disabilities.Access is not only a matter concerning the physicalenvironment but involves enabling children with disabilitiesto overcome barriers to communication andday-to-day interaction with others. For example, signlanguage has been given the status of mother tongueunder Finland’s new school legislation. 120 In Centraland Southern Africa, Braille materials and the provisionof trained sign language interpreters are madeavailable by many governments in the region. 121As regards entry into the workforce for young personswith disabilities who have reached the age of accessto employment, governments in many Europeanand Asian countries have introduced legislation andregulations that require employers to reserve a certainquota of jobs for persons with disabilities. Othercountries have introduced anti-discrimination lawsthat make it unlawful for employers to discriminate on33 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

Box 7.2 Raising disability awareness inthe MaldivesFrom 2001 to 2002, the UNICEF ’First Steps’ EarlyChildhood campaign in the Maldives broadcastmessages about infants and young childrenacross radio and television three times a day,using local children and families as ’actors’. Eachweek there was a different message, and severalspots focused on disability, including earlydetection, inclusion and positive perceptions ofchildren with disabilities. i In one message, a newmother is shown simple ways to test whether herbaby has a visual or auditory impairment. In another,a group of older children use a parachuteto play a game with their younger siblings. Someof the children have a disability, some do not.In 2004, an evaluation demonstrated a direct linkbetween the campaign and changes in publicattitudes and behaviours. It specifically emphasizedthat the “significant achievement” of thecampaign was an increased awareness of childrenwith disabilities, children who had previouslybeen all but invisible in the Maldives. It stated:“Social acceptance of mentally and physicallychallenged children improved and even child-tochildinteractions became increasingly positivefollowing the campaign.”Source:i’UNICEF Maldives 2002 Annual Report’ (internal document),UNICEF, Maldives; Kolucki, Barbara, ’High Praisefor Disability- Inclusive Early Childhood Campaign inMaldives’ , Disability World, No. 26 (December 2004-February 2005), .the basis of disability in recruitment, promotion, dismissaland other aspects of employment. 122 This legislationoften requires employers to make reasonableadjustments to ensure that the workplace is adaptedto the needs of workers with disabilities.“Nothing about us without us”The effectiveness and relevance of disability-relatedpolicies depends on consulting and actively engagingpersons with disabilities, including children and theirfamilies, in the policy process.Organizations representing persons with disabilitieshave had a significant influence on national policyand legal environments. A recent WHO review ofdisability issues in 26 African countries found that atleast 22 countries had at least one such organization.The majority of these organizations were involved inpolicy development in collaboration with the nationalgovernment. 123 In South Africa, it was successfullobbying on the part of persons with disabilities thatresulted in the inclusion of disability in the equalitysection of the country’s Constitution. The initiation ofa successful pilot project for the inclusion of disabledchildren in regular schools in Lesotho was also duein large measure to the initiative of the nationalorganization of persons with disabilities. Given theimportance of these organizations, it is essential thatall groups concerned with disability are represented,and that the needs of all and not just some childrenwith disabilities are represented.In countries where there are many organizationsrepresenting different groups of persons withdisabilities, the creation of an umbrella groupempowered to speak for all has proved to be apowerful vehicle for change. At the level of the UN,for example, such coordination is provided by theInternational Disability Council; the major internationalNGOs were also members of the ad hoc Committeethat produced an agreed draft of the Convention onthe Rights of Persons with Disabilities. These NGOsare also members of the Expert Committee thatdeveloped the Standard Rules and that continues toadvise the Special Rapporteur on Disability.Changing attitudesThe UN Special Rapporteur on Disability has been acritical advocate in favour of the rights of persons withdisabilities, and has stressed that changing attitudestowards disability require ridding society of prejudiceand discrimination and breaking down walls of superstitionand ignorance. The media are one of the mostpowerful tools to effect this change and have beensuccessful in changing public attitudes in many countriesand regions (see box 7.2 for an example from theMaldives). The Special Rapporteur has been engagedin promoting a major media campaign in the MiddleEast and North Africa region to raise awareness andmotivate change in relation to both the image thatpeople have of persons with disabilities and the imagethat persons with disabilities have of themselves.Just as raising awareness among the general publicis important, so too is promoting the understandingof disability issues among professionals, including thepolice, judiciary, educationalists, health professionalsand social workers at all levels of seniority. Thisis most effectively carried out by persons withdisabilities and their families themselves. Initiativesof this kind help ensure that children and adults withdisabilities are treated with equity in all aspects ofcivil society.Budget allocations and prioritiesThe UN General Assembly Special Session onChildren in 2002 called for the establishment ofnational goals for children incorporating targetsfor reducing disparities, including those betweenchildren with and without disabilities. Such acommitment requires clear budget allocations thatpermit these policies to be implemented effectivelyand promote equity at all levels.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities34

Box 7.3 Monitoring human rights violations andabuse against persons with disabilitiesIn November 2000, the Special Rapporteurfor Disability convened an expert seminarin Stockholm, in order to draft guidelinesfor identifying and reporting human rightsviolations against persons with disabilities. i Theseminar established five distinct areas that mustbe monitored, as follows:• National laws: these can appear to protecthuman rights but may come to be used inways that create inequity and violate thehuman rights of persons with disabilities.• Legal cases: these are just as important asthe written laws of a country: regardless ofwhat a law says, in reality what matters ishow a law is interpreted and enforced.• Government programmes, services andpractices: these normally have the greatestimpact on the daily lives of persons withdisabilities and their families but it isoften difficult to thoroughly review theeffect of these programmes. The seminarrecommended that special reportingmanuals be made available to disabilityrights groups.• Media representation of persons withdisabilities: media events must be monitoredto ensure they do not promote ideas andimages that infringe upon the rights ofpersons with disabilities.• Individual cases of abuse: documenting andreporting these cases raises awareness andsupport and makes it difficult for neglect andhuman rights violations to go unnoticed andunaddressed.Source:i’Measuring Progress from Rights on Paper to Rightsin Reality’, from the report on the Almasa seminar,November 2000, , accessed 17 August 2007.Support is most effective when it is directed atencouraging new, inclusive approaches foundedupon the family, the community and the rights ofthe child, including the right to express her or hisviews and influence decisions. It is important toacknowledge that support may sometimes be givento projects which, however well-intentioned, perpetuateexclusion. These include segregated specialschools, sheltered workshops, projects to renovateand improve institutions, or others that distancepersons with disabilities from their families and thelocal community.Promoting inclusion also makes economic sense.It does away with the need for expensive parallelsystems of service provision. Facilitating access tothe world of work – including for children who, inconformity with relevant international standards,are old enough to have access to employment –reduces the high cost to States in terms of benefitpayments and the loss of potential productivity. Italso maximizes the contribution that persons withdisabilities make once they are have a job in theform of tax and social insurance payments, and theircontribution to the national economy by developingthe consumer potential of persons with disabilities.Although there are few studies addressing this issue,the potential economic gains in this regard aresubstantial. A study presented to the World Bank,for example, conservatively estimated that for 36countries of the Americas region, the productivityloss in 1993 due to exclusion of persons with disabilitiesfrom the labour market amounted to approximatelyUS$625 billion. 124MonitoringIrrespective of the degree of commitment of nationalgovernments to ensuring the rights of children withdisabilities, it is important that national developmentsare promoted and monitored through nationalindependent human rights institutions such as commissionersor a children’s ombudsperson. Proceduresmust also be in place to assess human rightsviolations. These institutions may be effectively supportedby the involvement of bodies such as nationaldisability coordinating committees or organizationsof persons with disabilities. The situation of childrenwith disabilities is now being monitored country bycountry through a variety of mechanisms. Statesparties report on progress regarding the rights ofchildren with disabilities in reporting to the Committeeon the Rights of the Child, and these issues areaddressed in the comments made by the Committeeon those reports. 125 The CRC reporting process providesa rich basis for understanding the developmentof the rights of children with disabilities. 126As discussed above, mechanisms are being establishedfor monitoring the implementation of the newCRPD through the Committee on the Rights of Personswith Disabilities. Monitoring is also carried outand supported by a wide range of NGOs, includinginternational disability NGOs such as Mental DisabilityRight International and Inclusion International.For its part, the Save the Children Alliance hasdeveloped a global database on good practices topromote the rights of children with disabilities andmonitor violations of these rights. 127 Key areas formonitoring are identified in box 7.3.International and regional partnershipsIf countries and agencies are to achieve the goalsset out in international commitments, includingEducation for All, the Millennium DevelopmentGoals and ’A World Fit for Children’, children withdisabilities must be fully and visibly included in theirpolicies and programmes.35 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

© UNICEF/HQ98-0860/Roger LeMoyneChildren’s rights can be promoted through theregular reports of the UN system and otherorganizations, including on progress towards theMillennium Goals. The Convention on the Rightsof Persons with Disabilities will provide importantmechanisms to monitor progress towards theattainment of their rights. 128Identifying common goals creates synergies thatmake international efforts more effective. The 1981International Year of the Disabled represented acritical watershed moment in relation to childrenwith disabilities, with interest being mobilizedaround disability issues in UNICEF and otherinternational agencies, and international NGOs suchas Rehabilitation International, stimulating a range ofinnovative efforts. Subsequently, following the endof the Decade of Disabled Persons (1983–1992),an inter-agency working group consisting of WHO,UNESCO, the International Labour Organization (ILO)and UNICEF was formed to consult on issues relatedto childhood disability. The working group cametogether to build joint technical capacity through thedevelopment of training materials, workshops, andguidelines with indicators for early detection, and bydesigning effective interventions, including promotingaccess to mainstream education and social services.The governments of the Asia and Pacific region,which has by far the largest number of personswith disabilities in the world, joined forces withNGOs in declaring 1993–2002 and 2003–2012 asAsian and Pacific Decades of Disabled Persons,establishing mutual initiatives and targets, goalsand timeframes. 129 These initiatives were developedwithin the work programme of the UN Economic andSocial Commission for Asia and the Pacific (ESCAP),which provided leadership and coordination acrossthe entire region.Review of the work carried out under the Asian andPacific Decades has shown that a great deal canbe achieved by well-planned regional collaborativemechanisms including South–South cooperation topromote national commitment to disability action,mainstreaming of disability in national policies,establishing enabling legislation and enforcementmechanisms, and strengthening statistics ondisability. 130 Close cooperation with bilateralagencies, including the Government of Japan andthe Government of Thailand, was instrumentalin achieving the gains that have been assessedin empowering persons with disabilities, with anincrease in public awareness in addition to the areasmentioned above. 131Innocenti Digest No. 13Promoting the Rights of Children with Disabilities36

Regionally relevant aims and targets have also beenset by the African Decade of Persons with Disabilities(2001–2010), 132 coordinated by the Pan AfricanFederation of the Disabled and six major internationalorganizations of persons with disabilities, by the ArabDecade for Persons with Disabilities (2004–2013), 133and most recently by the adoption of a Program ofAction for a Decade of the Americas for Persons withDisabilities (2006–2016). 134Materials developed for the regional decades,and lessons learned from them, can provide firmfoundations for new initiatives in the context ofimplementing the new UN Convention. At thesame time, this treaty is likely to provide additionalimpetus and mechanisms to monitor and evaluateachievements against objectives and targets at theregional level.The European Union (EU) designated 2003 as theEuropean Year of People with Disabilities, withthe aim of accelerating progress towards ensuringequal rights for persons with disabilities in itsmember States. The year was organized by theEuropean Commission in collaboration with theEuropean Disability Forum, an umbrella organizationrepresenting more than 37 million persons withdisabilities in Europe. A major success of the yearwas the increased awareness and concern fordisability issues among the European public. Theyear also provided further incentives for memberStates to look at new policy and legal developmentstowards achieving equal opportunities for personswith disabilities. 135Progress depends on the ability to think beyondtraditional ’boxes’. This may mean thinking ofdisability in the wider context of other marginalizedgroups and joining forces to work for a moreinclusive society. A challenge for both internationaland national agencies concerns the extent towhich they can create opportunities or strengthenmechanisms for working together in a more holisticway to meet the needs of children, families, adultsand communities. Where traditional administrativeboundaries have been crossed in order to poolresources, persons with disabilities have benefitedfrom an approach that recognizes that their needsdo not correspond to the narrowly focused remitsof departments such as health, education, socialservices, income support and employment.At the local level, creative solutions to theseproblems have been found by the appointment ofa key worker who supports the child particularlyat points of transition between home and schooland between childhood and adulthood. At thenational level, bodies responsible for initiating andcoordinating policy for persons with disabilitiesacross the board have achieved a great deal in manycountries. Supplementing previous internationalstandards and commitments, the UN Conventionon the Rights of Persons with Disabilities providesan ideal opportunity to develop more effectivemechanisms to ensure that children with disabilitiesattain their full human rights in the years to come.In the recognition that concerns of persons withdisabilities are often not included in the policiesor development projects of the EU, an initiativeon Breaking the Cycle of Poverty and Disabilityin Development Cooperation was launched inlate 2005 with support from the EU. The MakeDevelopment Inclusive project represents apartnership among 12 European organizations,with the objective of promoting, in a coordinatedmanner, the mainstreaming of disability issues in thedevelopment cooperation policies of the memberStates of the European Union, EU institutions andrelevant NGOs. Particular focus is given to buildingthe capacity of public institutions and NGOs workingin the development field, including organizationsrepresenting persons with disabilities. 136The development of much closer collaborationbetween the many international agencies working inthis field presents a major challenge for the future.The needs of persons with disabilities cut across themandates of different departments and agencies,at both national and international levels. In planningfor the future, the voices of adults and children withdisabilities and their families need to be much moreclearly heard in the councils of the world.37 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

8 CONCLUSIONSThe inclusion of children with disabilities is not simplya charitable act. It is a process inspired by the promotionof human rights that benefits the entire populationof a country and provides a clear statement ofa government’s commitment to all its citizens andto the principles of good governance. Internationalhuman rights instruments, including the Conventionon the Rights of the Child and the Convention on theRights of Persons with Disabilities, provide criticalpolicy imperatives, frameworks and guidance for thedevelopment of inclusive practices.Inclusion represents the recognition of fundamentalrights and freedoms of a group of children who havebeen historically among the most marginalized. Itallows them to realize their full potential and freesthem from the discrimination and prejudice that havekept them hidden and on the margins of society. Promotinginclusion requires mobilizing and increasingthe capacity of those key individuals most influentialand supportive for this process – especially the extendedfamily, teachers, community members, healthstaff and other carers.responding to the needs of all children is not only amatter of justice; it is also an essential investment inthe future of every society that is committed to becomingor remaining democratic and participatory. 138The movement towards developing truly inclusivesocieties is already underway in many parts of theworld. It is gaining strength from the MillenniumDeclaration and the Millennium DevelopmentGoals, from other international commitmentssuch as Education for All and ‘A World Fit forChildren‘, and above all from the Convention onthe Rights of the Child and the new Convention onthe Rights of Persons with Disabilities. With thenecessary national and international commitmentto establishing more just and inclusive societies,this momentum will decisively grow. Day by day,diversity is coming to be understood as a resourceand more children and adults with disabilities arebeing given the opportunity to contribute to the lifeof their family, community and country.Reliable and objective statistics are important to assistplanning and resource allocation and to placechildren with disabilities more clearly on the map.Although the statistical databases necessary for thispurpose require time to develop, planning and programmingmust move forward. Denying or delayingservices to children with disability on the groundsthat more data are needed is not acceptable. Plans,policies and budgets should be designed to allowchanges and modifications, as additional data aremade available over time.This Innocenti Digest has emphasized a numberof principles for advancing inclusion: consulting andlistening to children with disabilities and their familiesthemselves; adopting a life-cycle and integratedapproach that responds to the evolving capacitiesof the child, and working with parents, other familymembers, peers and communities – as well as withservice providers, policy-makers and key leaders.Specific strategies based on these principles includethe planned shift of children with disabilities fromsegregated, institutionalized care and enabling themto be included within their families, local schools andcommunities, with all the required support systemsand services.A strong message from the World Conference onSpecial Needs Education held in Salamanca in 1994was that child-centred schools are a training groundfor societies that respect the differences and dignityof all human beings. 137 Developing educational systemsand learning opportunities that are capable ofInnocenti Digest No. 13Promoting the Rights of Children with Disabilities38

NOTESEditorial1 United Nations General Assembly, A World Fitfor Children, A/RES/S-27/2 (paragraphs 7(3) and21), United Nations, New York, 11 October 2002.Chapter 12 United Nations Educational, Scientific andCultural Organization, World Conference onSpecial Needs Education: Access and quality,Salamanca, Spain, UNESCO, Paris, 1994. See for follow-upreports.Chapter 23 United Nations, Disability Fact Sheet,International Convention on the Rights ofPersons with Disabilities, United Nations, NewYork, 2006.4 UNICEF, Children and Disability in Transition inCEE/CIS and Baltic States, Innocenti Insight,UNICEF Innocenti Research Centre, Florence,2005.5 UNICEF, ’UNICEF Gambia 2000 Annual Report’(internal document), UNICEF, Banjul, 2000.6 United Nations Statistics Division, , accessed 3 March 2007; alsoChapter 37 Cited by Persson, Ulrika, ’Have Children withDisabilities an Obvious Place in Society?’ at’Myths and Facts concerning Children withDisabilities’ conference, Malmö, 9-11 December1999; proceedings published by Rädda Barnen,Stockholm, 2000.8 Elwan, A., Poverty and Disability: A survey of theliterature, Washington, DC: World Bank, 1999.9 Inclusion International, Hear Our Voices: A globalreport: People with an intellectual disabilityand their families speak out on poverty andexclusion, Inclusion International, London, 2006,.10 Groce, N., HIV/AIDS and Disability: Capturinghidden voices, World Bank and Yale UniversityPress, New Haven, 2004.11 ’UNICEF Says Small Arms and Light WeaponsTake Young Victims: Children’, Press release,UNICEF, 2001.12 European Disability Forum, DevelopmentCooperation and Disability, EDF Policy Paper,2002, Doc. EDF 02/16 EN, .13 Wolfensohn, J. D., ’Poor, Disabled and Shut Out’,Washington Post, 3 December 2002, p. A25.14 World Bank, Social Analysis and Disability:A guidance note – incorporating disabilityinclusivedevelopment into bank-supportedprojects, Social Analysis Sectoral GuidanceNote Series, Social Development Department,World Bank, Washington, D.C., 2007. See alsoGuernsey, K., M. Nicoli, and A. Ninio, ’MakingInclusion Operational: Legal and institutionalresources for World Bank staff on the inclusionof disability issues in investment projects’, Lawand Development Working Paper Series No. 1,October 2006.15 Mainstreaming Disability in DevelopmentCooperation, an IDDC project to break thecycle of poverty and disability in developmentcooperation, financed by the EuropeanCommission, .Chapter 416 For a comprehensive account of human rightsinitiatives see Herr, S., L. Gostin, and H. Koh(eds), The Human Rights of Persons withIntellectual Disabilities: Different but equal,Oxford University Press, Oxford, 2003. Furtherbackground on disability and human rights iscontained in, for example, Lansdown, G., It IsOur World Too! Disability Awareness in Action,London, 2001; Quinn, Gerard, et al., HumanRights and Disability: The current use andfuture potential of United Nations human rightsinstruments in the context of disability, UnitedNations, Geneva, 2002, esp. ch. 8: Kilkelly,Ursula, ’Disability and Children: The Conventionon the Rights of the Child (CRC)’.17 Quinn, Gerard, et al., Human Rights andDisability, op. cit., p. 1.18 UN Human Rights Council, Implementation ofGeneral Assembly Resolution 60/251 of15 March 2006 Entitled “Human RightsCouncil”, The Right to Education of Persons withDisabilities, Report of the Special Rapporteur onthe right to education, Vernor Muñoz, DocumentSA/HRC/4/29, United Nations, New York, 19February 2007, .19 Available from United Nations, Division for SocialPolicy and Development, .20 Committee on the Rights of the Child, Sessional/Annual Report of Committee, Report on the16th Session (Geneva, 22 September-10 October 1997), CRC/C/69, para. 331.39 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

21 Blomgren, Lars, ’UN Standard Rules for Personswith Disabilities: Visions and tools in our workfor a society for all children’, delivered at ’Mythsand Facts concerning Children with Disabilities’conference, Malmö, 9-11 December 1999;proceedings published by Rädda Barnen,Stockholm, 2000.22 See to access the full report and fordetailed information on implementation of Rule 6on Education.23 Statement by Bengt Lindqvist, former UNSpecial Rapporteur on Disability (1994–2001),Ad Hoc Committee to Consider Proposals for aComprehensive and Integral Convention on theRights of Persons with Disabilities, New York,29 July–9 August 2002.24 Optional Protocol to the Convention on theRights of Persons with Disabilities, .25 Committee on the Rights of the Child, GeneralComment 9. Rights of Children with Disabilities.43rd session, Geneva, 11-29 September 2006.26 Quoted in (no date given), accessed 1 June 2007.27 UN Millennium Development Goals, ; .28 .29 Disability Knowledge and Researchforum, quoted in ,accessed 8 December 2006.30 Wiman, R. (ed.), Disability Dimension inDevelopment Action: Manual on inclusiveplanning, National Research and DevelopmentCentre for Welfare and Health in Finland(STAKES) for United Nations, 1997 and 2000.Revised version available online 2003 at .Chapter 531 This definition is based on that used by theEquality Authority, Ireland.32 Committee on the Rights of the Child, GeneralComment 9, op. cit.33 Jones, Hazel, Disabled Children’s Rights: Apractical guide, Save the Children, Stockholm,2001.34 See UNICEF, Children and Disability in Transitionin CEE/CIS and Baltic States, op. cit., pp. 25–26;see also Sammon, Elayn, Defying Prejudice,Advancing Equality 2: Children and disability inthe context of family breakdown in Central andSouth Eastern Europe and the Former SovietUnion, EveryChild, London, 2001.35 Committee on the Rights of the Child, SummaryRecord of the 418th Meeting, CRC/C/SR.418,6 October 1997.36 Groce, Nora Ellen, An Overview of Young PeopleLiving with Disabilities: Their needs and theirrights, UNICEF Programme Division (WorkingPaper Series), New York, 1999.37 See, for example, Save the Children Alliance,Disabled Children’s Rights: A CD-Rom withexamples of good practice and violations fromaround the world, available with Jones, Hazel,Disabled Children’s Rights, op. cit.38 Lansdown, G., It Is Our World Too! op. cit.39 United Nations Secretary-General’s Study onViolence against Children, Summary Reportof the Thematic Meeting on Violence againstChildren with Disabilities, 28 July 2005, UnitedNations, New York, p. 18, .40 See, for example, World Health Organization,Disability Prevention and Rehabilitation: A guidefor strengthening the basic nursing curriculum,Document WHO/RHB/96.1, Division of HealthPromotion, Education and Communication,Geneva, 1996, .41 Mittler, H., Families Speak Out: Internationalperspectives on families’ experience of disability,Brookline Books, Boston, 1994.42 Children’s Law Centre, NGO Alternative Reporton the Implementation of the Convention on theRights of the Child in the UK, CRC 31st Session,16 September-4 October 2002, . See also examples from the CEE/CISregion in UNICEF, Children and Disability inTransition in CEE/CIS and Baltic States, op. cit.43 United Nations Educational, Scientific andCultural Organization, Open File on InclusiveEducation: Support materials for managers andadministrators, UNESCO, Paris, 2001.44 Carr, J., Down’s Syndrome: Children growing up,Cambridge University Press, Cambridge, 1995.45 Statistic quoted in Children’s Rights Alliance forEngland, Report to the Pre-Sessional WorkingGroup of the Committee on the Rights of theChild, Preparing for Examination of the UK’sSecond Report under the CRC, 2002, .46 Saleh, Lena and Sai Väyrynen, ’InclusiveEducation: Consensus, conflict and challenges’,UNESCO, Paris, 1999.47 Centre for Information and Statistics on Labourand Social Affairs, Vietnam Child DisabilitySurvey 1998, Ministry of Labour, Invalids andSocial Affairs (MOLISA), Vietnam and UNICEF,Hanoi, 2000.48 Saleh, Lena, ’Rights of Children with SpecialNeeds: From rights to obligations andresponsibilities’, paper presented at theInternational Conference on Children’s Rights inEducation, 27–30 April 1998, Copenhagen.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities40

49 Mittler, Peter, personal communication, February2007. See also Gunnar Dybwad in Bersani, H.,Responding to the Challenge: Current trends andissues in developmental disabilities, BrooklineBooks, Cambridge, MA, 1999.50 Rosenthal, Eric, et al., Children in Russia’sInstitutions: Human rights and opportunities forreform, Mental Disability Rights International,Washington, DC, 1999, p. iii, .51 Pinheiro, Paulo S., World Report on Violenceagainst Children, United Nations, New York,2006, pp. 187-189.52 UNICEF, Children and Disability in Transition inCEE/CIS and Baltic States, op. cit.53 ’Recognizing the Abilities of Disabled Children’,Centre for Europe’s Children.54 Rosenthal, Eric, et al., Children in Russia’sInstitutions, op. cit.55 UNICEF, Children and Disability in Transition inCEE/CIS and Baltic States, op. cit., p. 19.56 See, for example, ; ’Human Rights and MentalHealth in Peru’, A report by Mental DisabilityRights International and Asociacion ProDerechos Humanos, September 2004, Lima,Peru, ; ’Human Rightsand Mental Health: Mexico’, A report by MentalDisability Rights International, 2000, .57 See, for example, UN Committee on the Rightsof the Child, Concluding Observations on theRights of the Child: Turkey, 9 July 2001, CRC/C/15/Add. 152; UN Committee on the Rightsof the Child, Concluding Observations on theRights of the Child: Albania, 28 January 2005,CRC/C/15/Add. 249.58 Many studies provide scientific or anecdotalevidence of the vulnerability to abuse of childrenwith disabilities. See, for example, Baladerian, N.J., ’Sexual Abuse of People with DevelopmentalDisabilities’, Sexuality and Disability, Vol. 9, No.4 (1991), and Sobsey, D. and T. Doe, ’Patternsof Sexual Abuse and Assault’, Sexuality andDisability, Vol. 9, No. 3 (1991), both quoted inBerglund, A.-K., A Matter of Social Context: Thesexual abuse of children with disabilities, RäddaBarnen, Stockholm, 1997. See also Senn, C.,Vulnerable: Sexual abuse and people with anintellectual handicap, G. Allan Roeher Institute,Ontario, 1988.59 Pinheiro, Paulo S., World Report on Violenceagainst Children,op. cit., p. 68. See also UnitedNations Secretary-General’s Study on Violenceagainst Children, Summary Report of theThematic Meeting on Violence against Childrenwith Disabilities, op. cit.60 Groce, Nora Ellen, An Overview of Young PeopleLiving with Disabilities, op. cit.61 See, for example, Boukhari, H., ’Invisible Victims:Working with mothers of children with learningdisabilities’, in Abu-Habib, L., Gender andDisability: Women’s experiences in the MiddleEast, Oxfam UK, 1997.62 Jones, Hazel, Disabled Children’s Rights, op. cit.63 United Nations Secretary-General’s Study onViolence against Children, Summary Reportof the Thematic Meeting on Violence againstChildren with Disabilities, op. cit.64 See, for example, Jones, Hazel, DisabledChildren’s Rights, op. cit.65 Overviews, including of impacts on children,are provided by the annual Landmine MonitorReports produced by the International Campaignto Ban Landmines, , and inHandicap International, Circle of Impact: Thefatal footprint of cluster munitions on peopleand communities, Brussels, May 2007, .66 International Campaign to Ban Landmines,Landmine Monitor Report 2005: Toward amine-free world, .67 UNICEF, Children Affected by Armed Conflict,UNICEF, New York, 2002, p. 91.68 See, for example, World Bank, Report of theOnline Forum on Disabled and Other VulnerablePeople in Natural Disasters, World BankDisability and Development Team, Washington,DC, December 2006, .69 Healthlink Worldwide, CBR News (Special issueon Disability and War), No. 32 (December-March2000).70 CRC, article 12; CRPD, articles 7 and 21.71 National Dissemination Center for Children withDisabilities, ; Entre Amigos– Rede De Informações Sobre Deficiência,.72 Groce, Nora Ellen, An Overview of Young PeopleLiving with Disabilities, op. cit.73 See, for example, Groce, Nora Ellen, ’HIV/AIDSand Individuals with Disability’, Health andHuman Rights, vol. 8, no. 2 (2005).Chapter 674 United Nations Educational, Scientific andCultural Organization, Open File on InclusiveEducation, op. cit.75 Lansdown, G., Disabled Children in South Africa,Disability Awareness in Action, London, 2002.76 Vatsa, Krishna, ’Family and CommunityEmpowerment through Inclusion’, paperpresented to the 15th Asian Conference on’Mental Retardation’, Manila, 11-17 November2001, and .77 Communication from Pramila Balasundaram,Founder-Director of Samadhan NGO, NewDelhi, India. 9 March 2005. See also , accessed17 August 2007.41 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

78 Shared Care Network, , accessed17 August 2007.79 Centre for International Rehabilitation,’Networking in Nicaragua’, , accessed17 August 2007.80 Los Pipitos, , accessed17 August 2007.81 Family Voices, .82 International Disability in Sport Working Groupand Office of the Special Adviser to theSecretary-General on Sport for Developmentand Peace, Sport in the UN Convention on theRights of Persons with Disabilities, IDSWG,Northeastern University, Boston, 2007.83 McCarthy, Reuben, ’Sport and Children withDisabilities’, in ibid., pp. 13-15.84 Save the Children UK and UNICEF, 25 January2005.85 UNICEF Pacific Islands 2003 Annual Report.86 European Disability Forum, DevelopmentCooperation and Disability, op. cit.; Save theChildren UK, Vietnam Country Report 1999,87 Heeren, Nicolas, ’Inclusive Education throughCommunity Development in Bangladesh’, 2004,, accessed 17 August 2007; EuropeanDisability Forum, Development Cooperation andDisability, op. cit.88 Mittler, Peter, ’International Experience inIncluding Children with Disabilities in OrdinarySchools’, paper prepared for UNICEF seminarsin Tunisia and Italy, October 2002, p. 8, .89 UNICEF Belarus 2003 Annual Report.90 International Labour Organization, UnitedNations Educational, Scientific and CulturalOrganization, UNICEF and World HealthOrganization, ’Community-Based Rehabilitation:CBR for and with people with disabilities’,joint position paper; revised 2004 to includedimension of poverty reduction.91 This exchange is facilitated by events suchas the conference on ’Community-BasedRehabilitation as a Participatory Strategy inAfrica’ held in Uganda in September 2001 andinvolving delegates from 14 different countries.92 World Health Organization, ’Disability andRehabilitation: future trends and challengesin rehabilitation’, 2002, .93 Communication from Geraldine Mason Halls,National CBR Committee, Guyana, 21 November2002.94 A fuller discussion of strategies fordeinstitutionalization is found in UNICEF,Children and Disability in Transition in CEE/CISand Baltic States, op. cit.95 Jones, Hazel, Disabled Children’s Rights, op. cit.96 ’Recognizing the Abilities of Disabled Children’,Centre for Europe’s Children. , accessed August2007.97 Mittler, Peter, ’International Experience inIncluding Children with Disabilities in OrdinarySchools’, op. cit.98 United Nations Educational, Scientific andCultural Organization, Open File on InclusiveEducation, op. cit.99 Ibid.100 Fundación Escuela Nueva Volvamos a la Gente,.101 Ministerio de Educación Publica, ’CentroNacional de Recursos Para la InclusiónEducativa’, Consejo Nacional de Rehabilitacióny Educación Especial y Fundación Mundo deOportunidades, San José, Costa Rica, 2005.102 Saleh, Lena, ’Rights of Children with SpecialNeeds’, op. cit.103 United Nations Educational, Scientific andCultural Organization, Understanding andResponding to Children’s Needs in InclusiveClassrooms: A guide for teachers, UNESCO,Paris, 2001.104 See, for example, United Nations Educational,Scientific and Cultural Organization, InclusiveSchools and Community Support Programmes:Report on Phase 2: 1998–2001, UNESCO, Paris,2002.105 United Nations Educational, Scientific andCultural Organization, Welcoming Schools:Teachers’ stories on including children withdisabilities in regular classrooms, UNESCO,Paris, 1999.106 United Nations Educational, Scientific andCultural Organization, Open File on InclusiveEducation, op. cit.107 Committee on the Rights of the Child, Sessional/Annual Report of Committee, Report on the16th Session, op. cit., para. 334.108 European Disability Forum, DevelopmentCooperation and Disability, op. cit.109 Mittler, P., ’Preparing for Self Advocacy’, inCarpenter, B., R. Ashdown, and K. Bovair, K.(eds), Enabling Access: Effective teaching andlearning for pupils with learning difficulties, 2nded., Fulton, London, 2001.Chapter 7110 ’Child Friendly Cities’, , accessed 17 August 2007.For background on the Child-Friendly Citymovement, see UNICEF Innocenti ResearchCentre, Poverty and Exclusion among UrbanChildren, Innocenti Digest No. 10, UNICEF,Florence, 2002.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities42

111 Fronczek, Valerie and Robert Yates, ’ProjectReview: Child and youth friendly communitiesinitiative’, Society for Children and Youth of BC,2003 . See also , accessed 20 January 2007.112 UNICEF Innocenti Research Centre, Poverty andExclusion among Urban Children, op. cit.113 Quinn, Gerard, et al., Human Rights andDisability, op. cit. For further on international,regional and national laws pertaining todisability, see the Syracuse University LawSchool reference .114 Wiman, R. (ed.), Disability Dimension inDevelopment Action, op. cit.115 Education For All Global Development Report2007, Latin America and Caribbean RegionalReview, UNESCO, Paris, 2007, p. 16. See also.116 Communication from UNICEF Regional Officefor Latin America and the Caribbean, April 2007.117 Saleh, Lena and Sai Väyrynen, ’InclusiveEducation’, op. cit.118 UN Committee on the Rights of the Child,Concluding Observations on the Rights of theChild: Turkey, op. cit.119 Lansdown, G., Disabled Children in South Africa,op. cit.120 Keskusliitto, Lastensuojelun, Written Submissionin Response to the Second Periodic Report ofFinland, 9 October 2000, .121 World Health Organization Disabilityand Rehabilitation Team, ’Disability andRehabilitation Status’, WHO, Geneva, 2001.122 International Labour Organization, ’Draft Codeof Practice on Managing Disability in theWorkplace’, 2001, .123 World Health Organization Disabilityand Rehabilitation Team, ’Disability andRehabilitation Status’, op. cit.124 Rioux, Marcia H., ’Enabling the Well-Being ofPersons with Disabilities’, presented to theWorld Bank, Washington, D.C., 1998; andEntourage, vol. 11, nos 2-3 (1998).125 General Comment by the CRC Committee.126 UNICEF, Implementation of the Conventionon the Rights of the Child, UNICEF InnocentiResearch Centre, Florence, forthcoming 2007.127 Save the Children Alliance, Disabled Children’sRights, op. cit.128 United Nations Educational, Scientific andCultural Organization, 2005 op. cit., p. 33.129 UN Economic and Social Commission for Asiaand the Pacific: .130 UN Economic and Social Commission for Asiaand the Pacific, ’Review of National Progress inthe Implementation of Targets and Strategies ofthe Biwako Millennium Framework for Actiontowards an Inclusive, Barrier-Free and Rights-Based Society for Persons with Disabilities inAsia and the Pacific’, Working Document 2,ESCAP, Bangkok, 2004 .131 UN Economic and Social Commission for Asiaand the Pacific, ’Programme Planning andEvaluation: Monitoring and evaluation: Reviewof a selected flagship project’, E/ESCAP/CESI(2)/10, ESCAP, Bangkok, 2005 . Seealso Nagata, K., ’Perspectives on Disability,Poverty and Development in the Asian Region’,Asia Pacific Disability Rehabilitation Journal, vol.18, No. 1 (2007), pp. 3-19.132 ; .133 .134 .135 Eurobarometer Survey on the European Year ofPeople with Disabilities, published 17 February2004; see also .136 Make Development Inclusive (InternationalDisability and Development Consortium),; seealso .Conclusions137 Saleh, Lena, ’Rights of Children with SpecialNeeds’, op. cit.138 Ibid.43 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

LINKS 1UNITED NATIONS SYSTEMOffice of the United Nations High Commissionerfor Human Rights (OHCHR)8-14 Avenue de la Paix, CH 1211 Geneva 10,SwitzerlandTel: +41 22 917 9000; Fax: +41 22 917 9016Email: InfoDesk@ohchr.org; Website: www.ohchr.orgOHCHR plays the leading role in the UN systemon human rights issues, promotes internationalcooperation for human rights, undertakes preventivehuman rights action and carries out human rightsfield activities and operations. The website providesaccess to all comments on States parties reports bythe Committee on the Rights of the Child.United Nations Department of Economic andSocial Affairs (UNDESA)2 United Nations Plaza, New York, NY, USATel: +1 212 963 1234; Fax: +1 212 963 1010Email: esa@un.org; Websites: www.un.org/esa;www.un.org/esa/socdev/enableThe main objective of the Department's programmeis to promote broad-based and sustainabledevelopment through a multidimensionaland integrated approach to economic, social,environmental, population and gender related aspectsof development. In relation to disabled people, theSecretariat for the Convention on the Rights ofPersons with Disabilities within UNDESA Division forSocial Policy and Development works to assist thepromotion of effective measures for the preventionof disability and the realization of the goals of fullparticipation of persons with disabilities in social lifeand of equality.The UN Enable website (above) brings together awide range of resources directly relevant to personswith disabilities, including the text of the Conventionon the Rights of Persons with Disabilities andinformation concerning international and regionaldevelopments and resources.United Nations Statistics Division – HumanFunctioning and Disability SectionWebsite: http://unstats.un.org/unsd/demographic/sconcerns/disabilityAn online database of statistics on human functioningand disability, with specific concentration on majorconcerns, citing sources of data, and providing a listof statistical products and databases.International Classification of Functioning,Disability and Health (ICF)Website: www.who.int/classifications/icf/site/icftemplate.cfmThe ICF is a WHO classification of health and healthrelated topics that describe body function, structures,activities and participation. This database has awealth of information on disabilities and proposes anew international definition of disability. It includessome resources focusing on children.International Labour Organization (ILO)4, route des Morillons; CH-1211 Geneva 22,SwitzerlandTel: +41 22 799 6111; Fax: +41 22 798 8685Email: ilo@ilo.org; Website: www.ilo.orgBy formulating international labour standards inthe form of Conventions and Recommendations,the ILO seeks the promotion of social justice andinternationally recognized human and labour rights. Itprovides guidance on the management of disabilityissues in the workplace through a Draft Code aimedat ensuring that persons with disabilities are treatedequally and have equal opportunities at work. Thecode is intended to assist private and public sectoremployers, employers’ organizations, workers’organizations and public sector agencies responsiblefor national policy.United Nations Educational, Scientific andCultural Organization (UNESCO)7 Place de Fontenoy, 75007 Paris, FranceTel: +33 1 45 68 1813; Fax: +33 1 45 68 5626/28Website: www.unesco.org/educationAs a leading partner in the Education for All (EFA)initiative, UNESCO works to meet the challengeof providing quality education for all, together withother multilateral agencies, governments, bilateralagencies, civil society and NGOs. UNESCO’s actionin the field of inclusive education has been setwithin the ’inclusive education’ framework adoptedat the Salamanca Conference in 1994. The InclusiveEducation branch of UNESCO has many materials,case studies, policies and numerous resources thatpertain to the education of children with disabilitiesand special needs.1The websites provided in this section are external sites.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities44

United Nations High Commissioner for Refugees(UNHCR)PO 2500, Geneva 2, CH 1211, SwitzerlandTel: +41 22739 8111Website: www.unhcr.orgThe Office of the United Nations High Commissionerfor Refugees was established by the United NationsGeneral Assembly in 1950. The agency is mandatedto lead and coordinate international action to protectrefugees and resolve refugee problems worldwide.Its primary purpose is to safeguard the rights andwell-being of refugees. It strives to ensure thateveryone can exercise the right to seek asylum andfind safe refuge in another State, with the option toreturn home voluntarily, integrate locally or to resettlein a third country. UNHCR has worked to ensure theinclusion of children with disabilities in its fieldworkand has published detailed training materials on thissubject for local facilitators.World Health Organization (WHO)CH 1211 Geneva 27, SwitzerlandTel: +41 22 791 2111; Fax: +41 22 791 3111Email: info@who.org; Website: www.who.orgDAR webpage: www.who.int/ncd/disability/programme.htmWHO provides worldwide guidance in the healthfield, sets global standards for health, cooperateswith governments to strengthen health programmesand develops appropriate health technology,information and standards. Its programme onDisability and Rehabilitation (DAR) aims to enhancethe quality of life and equality of opportunities forall persons with disabilities by promoting equalaccess to health and medical care, social servicesand rehabilitation services that can reduce limits onactivity. DAR provides a forum for the internationalexchange of information and experiences, with theaim of identifying new ideas, successful countrymodels and useful strategies, and to discusstheir application in other settings. WHO hasalso developed an International Classification ofFunctioning, Disability and Health (ICF) – see the sitelisted above.OTHER INTERNATIONAL AGENCIESWorld BankDisability and Development Team, 1818 H Street,NW, Washington D.C., 20433, USAWebsite: www.worldbank.org/disabilityThe World Bank’s mission is to fight poverty withpassion and professionalism for lasting results.In the area of disability, it is working to ensurefull participation of persons with disabilities in itsdevelopment work, and gives special attention topersons with disabilities in this section. This resourceprovides a wealth of data for statistics, policies, andpublications with specific concentration on children inspecific areas.INTERNATIONAL AND REGIONALNON-GOVERNMENTAL ORGANIZATIONSAND NETWORKSAction on Disability and DevelopmentVallis House, 57 Vallis Road, Frome,Somerset BA11 3EG, UKWebsite: www.add.org.ukADD works with a variety of groups, someestablished as cross-disability organizations andothers who come together due to the experienceof a common impairment or shared experience,for instance, people who are deaf, or womenwith disabilities. The organizations range fromsmall groups at village or local level, to larger,representational national federations or unions,which are also linked into regional and internationalnetworks of people with disabilities. ADD supportsgroups of people with disabilities by buildingup their confidence in their own worth, abilitiesand rights; helping them take control of theirlives; campaigning, advocating and lobbying forequal rights; helping them run more sustainable,democratic, efficient and inclusive organizations;supporting them to set up self-help initiatives toimprove their standards of living.AIFO (Associazone Italiana Amici di Raoul Follerau)Via Borselli 4, I 40135 Bologna, ItalyTel: +39 051 433402; Fax: +39 051 434046Websites: www.aifo.it/English; www.aifo.itThe activities of AIFO are focused on supportingpersons affected by leprosy and persons withdisabilities through integrated development projects,with particular attention to the poorest and mostvulnerable groups. AIFO also promotes developmenteducation in Europe for a better understanding of thecauses underlying poverty and underdevelopment inconnection with the North–South relationship. Thisorganization provides various resources on childrenwith disabilities and leprosy in some of the leastdeveloped areas of the world.45 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

Amnesty InternationalWebsite: www.amnesty.org/Amnesty International (AI) is a worldwide movementof people who campaign for internationallyrecognized human rights. AI’s vision is of a worldin which every person enjoys all of the humanrights enshrined in the Universal Declaration ofHuman Rights and other international human rightsstandards. In pursuit of this vision, AI’s mission is toundertake research and action focused on preventingand ending grave abuses of the rights to physicaland mental integrity, freedom of conscience andexpression, and freedom from discrimination, withinthe context of its work to promote all human rights.AI has a large database on various reports and articlesthat pertain to children with disabilities.Better Care NetworkWebsite: www.crin.org/bcn/index.aspThe Better Care Network brings togetherorganizations and individuals concerned aboutchildren without adequate family care. BCNfacilitates active information exchange, collaborationand advocacy on issues such as the preventionof separation and abandonment of children; thedevelopment of family and community based careoptions for children who cannot be cared for by theirparents; and international and national standardsfor all forms of care for children without adequatefamily care. The website includes a dedicated sectionon children with disabilities and a list of resourceswith a special focus on the situation of children withdisabilities in institutional care.CBM (Christoffel Blindenmission)Nibelungenstrasse 124, D 64625 Bensheim,GermanyWebsite: www.cbm.orgCBM Christian Blind Mission/Christoffel-Blindenmission is one of the leading internationaldevelopment agencies for persons with disabilities.It supports the provision of services to personswith visual disabilities as well as persons withother disabilities in more than 1,000 projects in113 developing countries. CBM assists the world'spoorest persons with disabilities and those at riskof disability regardless of their nationality, sexor religion.Center for International Rehabilitation333 East Huron Street, Suite 225; Chicago,IL 60611, USATel: +1 312 926 0030; Fax: +1 312 926 7662Email: info@cirnetwork.org; Website:www.cirnetwork.org/index.cfmThe Center for International Rehabilitation is a notfor-profitorganization that develops technologiesand programmes to help persons with disabilitiesworldwide reach their full potential. The CIRconducts fieldwork, research, training and educationaround the globe. Research by the CIR tries to findsolutions to daily problems encountered by personswith disabilities in some of the poorest countries inthe world.Danish Council for Disabled People (DSI)Klovervej 10B, 2650 Hvidovre, DenmarkWebsites: www.disability.dk; http://www.handicap.dk/englishDSI is active in Ghana, India, Kosovo, Malawi, Nepal,Nicaragua, Philippines, South Africa, Uganda andZimbabwe. The website contains information ondisability in developing countries to support NGOs,governments and others working in the field. The siteis a dynamic library to which the newest documentsand information are added.DCDD (Dutch Coalition on Disability andDevelopment)PO Box 3356, NL 3502 GJ Utrecht, NetherlandsWebsite: www.dcdd.nlDCDD's mission is to improve the position of peoplewith disabilities. DCDD takes the human rightsperspective as its point of departure and works onthese issues for people in developing countries andcountries in Central and Eastern Europe. Means forDCDD are awareness raising and policy advocacy,primarily applied in the Netherlands and Europe.Disability Awareness in Action11 Belgrave Road, London SW1V 1RB, UKTelephone: +44 207 834 0477; Fax: +44 207 821 9539Email: info@daa.org.uk; Website: www.daa.org.ukDisability Awareness in Action is a collaborativeproject between different organizations such asDisabled Peoples’ International, IMPACT, InclusionInternational and the World Federation of the Deaf.It was established to provide a network for theexchange of information and experience betweenpeople with disabilities and their representativeorganizations, to support the self-advocacy of peoplewith disabilities and promote their human rights.DAA’s efforts are particularly focused on people indeveloping countries.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities46

Disabled Peoples’ International101-7 Evergreen Place, Winnipeg,Manitoba R3L 2T3, CanadaTel: +1 204 287 8010; Fax: +1 204 453 1367Email: dpi@dpi.org; Website: www.dpi.orgDPI is a human rights organization with activemembership in over 120 countries around theworld, over half of which are developing nations.It is committed to ensuring that people withdisabilities across the world are able to achieve fullintegration, self-determination and equalization ofopportunity in structures and services that are atthe heart of every community. Specifically, DPI isdedicated to the promotion and protection of thehuman rights of people with disabilities and theprovision of information and training to facilitate theirempowerment. The organization has also prepareda toolkit on implementing the Convention on theRights of Persons with Disabilities. This useful guideis written from a consumer perspective. It is availableat http://www.icrpd.net/implementation/en/toolkit/section1.htm.European Agency for Development in SpecialNeeds EducationOstre Stationsvej 33, DK 5000, Odense C, DenmarkTel: +45 64 410020; Fax: +45 64 41 2303Email: Secretariat@european-agency.org; Website:www.european-agency.orgThis is an independent, self-governing Europeanagency established by the ministries of Educationin European Union member countries to act asa platform for collaboration in the field of specialneeds education. It offers member countries aunique opportunity to exchange knowledge andexperience in such a way that quality in special needseducation is promoted. There is an extensive rangeof publications within and across EU countries.European Disability ForumWebsite: www.edf-feph.org/The European Disability Forum exists to representdisabled people in dialogue with the EuropeanUnion and other European authorities. Its missionis to promote equal opportunities for people withdisabilities and to ensure that citizens with disabilitieshave full access to fundamental and humanrights through their active involvement in policydevelopment and implementation in the EuropeanUnion. The membership includes the nationalcouncils of people with disabilities from the 27European Union countries, plus Norway and Iceland,representing the national disability movements.In addition, there is a broad range of organizationsrepresenting different disability groups and campaigninterests in Europe.FIDIDA (Finnish Disabled People’s InternationalDevelopment Association)Aleksanderink 48 A5 krs, 00100 Helsinki, FinlandWebsite: www.fidida.fiFinnish Disabled People’s International DevelopmentAssociation, FIDIDA, was established in 1989 inHelsinki, Finland. It was formed by seven Finnishorganizations for people with disabilities that, apartfrom their work within the disability sector in Finland,were interested in working with organizations forpeople with disabilities in developing countries.Today, these organizations have projects in Asia,Africa, South America and Eastern Europe. Since2004, FIDIDA has cooperated with the Ministry forForeign Affairs of Finland in the assessment of allnew disability project applications by Finnish nongovernmentalorganizations to the Ministry.GLADNET Association (Global AppliedDisability Research and Information Network onEmployment and Training)Box 66043, University of Calgary, Calgary, Alberta,T2N 4T7, CanadaTel: +1 403 228 2227; Fax: +1 403 228 2207Email: info@gladnet.org; Website: www.gladnet.orgThe GLADNET Association refers to the GlobalApplied Disability Research and Information Network.It is an international not-for-profit organizationaffiliated with the International Labour Organization’sDisability and Work Programme. The Network bringstogether research centres, universities, enterprises,government departments, trade unions, andorganizations of and for persons with disabilities.Their common goal is to advance competitiveemployment and training opportunities for personswith disabilities.Handicap InternationalERAC, 14 avenue Berthelot, 69631 Lyon,Cedex 07, FranceEmail for UK contact point: co-ordinator@iddc.org.ukWebsite: www.handicap-international.orgHandicap International is a major NGO withdevelopment projects in many countries. It isparticularly concerned with support to persons withdisabilities in conflict and emergency situationsand with the campaign against landmines andunexploded ordnance.47 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

Healthlink WorldwideCityside, 40 Adler Street, London E1 1EE, UKWebsites: www.healthlink.org.uk/index.html;www.healthlink.org.uk; http://www.healthlink.org.uk/projects/disability/articles02.htmlHealthlink works with over 50 partners worldwide,mobilizing innovative knowledge and communicationprocesses; empowering people to voice their healthneeds and have those voices heard. In additionto disability, it focuses on HIV and AIDS, malariaand tuberculosis, community health, advocacy andinformation technology.Inclusion InternationalThe Rix Centre, University of East London, 4-6University Way London E16 2RD, UKTel: +44 208 223 7709 ; Fax: +44 208 223 7411Email: info@inclusion-international.org; Website:www.inclusion-international.org/Inclusion International (II) is a global federation offamily-based organizations advocating for the humanrights of people with intellectual disabilities and theirfamilies worldwide. It represents over 200 memberfederations in 115 countries throughout five regions,Middle East and North Africa, Europe, Africa and theIndian Ocean, the Americas and Asia Pacific.International Deaf Children’s Society (IDCS)15 Dufferin Street, London EC1Y 8UR, UKTel: +44 20 7490 8656Website: www.ndcs.infoThe IDCS is the international development wing ofthe National Deaf Children’s society of the UK, andprovides a resources library for search content. Thewebsite contains a long list of recent articles andpapers, and a comprehensive search engine. It hasinformation primarily on Europe but also some usefulresources on Africa and East Asia.International Disability and DevelopmentConsortium (IDDC)c/o Handicap International, 5 Station Hill, Farnham,Surrey GU9 8AA, UKTel: +44 1252 821 429; Fax: +44 1252 821428Email: co-ordinator@iddc.org.uk;Website: www.iddc.org.ukIDDC is a self-managing group currently consistingof 16 non-government organizations supportingdisability and development work in over 100countries globally. IDDC's aim is to more effectivelyand efficiently promote the rights of people withdisabilities through collaboration and the sharingof information and expertise. To achieve this aim,IDDC believes development policy and practiceshould be inclusive.International Save the Children Alliance275-281 King Street, London, W6 9LZ, UKTel: +44 20 8748 2554; Fax: +44 20 8237 8000Email: Webmaster@save-children-alliance.org;Website: www.savethechildren.net/The International Save the Children Alliance isthe world’s largest independent children’s rightsorganization with 29 members working in over120 countries. Save the Children works for a worldthat respects and values each child, that listens toevery child, and where all children have hope andopportunity. Save the Children works to overcomebarriers of entrenched attitudes and discriminationthat face children with impairments, even in thoseareas where there is willingness to provide aneducation to all children.Landmine Survivors Network11 rue de Cornovan, 1201 Geneva, SwitzerlandTel.: +41 22 732 28 41Website: www.landminesurvivors.orgLSN works across the globe to help survivors securethe services they need to help them reclaim theirlives. Aiding people injured in landmine accidentshelps them move from being victims to beingsurvivors and fully participating citizens in theircommunities. First and foremost, LSN helps ensurethat survivors have the medical care needed to regainand maintain their health.Leonard Cheshire International30 Millbank, London SW1P 4QD, UKWebsite: www.lcint.orgLCI is a leading non-governmental organizationwith 60 years of achievement in promoting positiveattitudes to disability and empowering persons withdisabilities. LCI works with organizations for personswith disabilities, international organizations, nationalgovernments and local communities to changeattitudes to ability and provide services to peoplearound the world.Light for the WorldDarnautgasse 13/5, A 1120 Vienna, AustriaTel: +43 1810 13006Websites: www.light-for-the-world.org;www.licht-fuer-die-welt.at (German)Light for the World - Christoffel DevelopmentCooperation is an Austrian non-governmentaldevelopment organization committed to helpingpeople who have eye diseases, are blind or haveother disabilities in underprivileged regions,irrespective of gender, origin, ethnicity or religion.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities48

Mental Disability Rights International156 15th Street NW, Suite 1001 Washington, DC20005, USATel: +1 202 296 0800; Fax: +1 202 728 3053Email: mdri@mdri.org; Website: www.mdri.org/Established in 1993 as a joint project of the BazelonCenter for Mental Health Law and AmericanUniversity's Center for Human Rights andHumanitarian Law, MDRI documents conditions,publishes reports on human rights enforcementand promotes international oversight of the rightsof people with mental disabilities. Drawing on theskills and experience of attorneys, mental healthprofessionals, human rights advocates, people withmental disabilities and their family members, MDRItrains and supports advocates seeking legal andservice system reform and assists governments todevelop laws and policies to promote communityintegration and human rights enforcement for peoplewith mental disabilities.NAD (Norwegian Association for the Disabled)PO Box 9217, Gronland, N0134, NorwayWebsites: http://www.atlas-alliansen.no/index.asp?id=26120 (English); www.atlas-alliansen.noThe Atlas Alliance is the umbrella organization for thedevelopment work of disabled people’s organizations(DPOs) in Norway. It consists of 14 member organizationsand two affiliated organizations.Pan African Federation of the DisabledWebsite: www.dpiafro.mr/index.htmPAFOD is a continental organization of disabledpeoples’ organizations which constitutes 53 nationalassemblies organized within five subregionalfederations – WAFOD, SAFOD, CAFOD, EAFOD,NAFOD – representing West, South, Central, Eastand North Africa. Its mandate is to create a networkof organizations for persons with disabilities acrossthe continent. Through the training of leaders andthe building of organizational capacities, PAFODworks toward the strengthening of human rights andthe equalization of opportunities for persons livingwith disabilities.RI (Rehabilitation International)25 East 21 Street, New York, NY 10010, USATel.: +1 212 420 1500; Fax: +1 212 505 0871Email: RI@riglobal.org; Website: www.riglobal.orgRehabilitation International (RI) is a worldwidenetwork of persons with disabilities, service providersand government agencies working together toimprove the quality of life for people with disabilitiesand their families. Founded in 1922, it now has morethan 700 member organizations in over 80 nations.Save the Children Fund (UK)17 Grove Lane, London SE5 8 RD, UKTel: +44 20 7703 5400; Fax: +44 20 7703 2278Email: enquiries@scfuk.org.uk; Website:www.savethechildren.org.ukSCF works in 70 countries, conducting research onchildren’s issues, supporting practical projects thatinvolve children and their families and advocating forchanges to benefit children worldwide. SCF is veryactive in the promotion of the rights of children withdisabilities. SCF is a member of the InternationalSave the Children Alliance.Sense (UK)11-13 Clifton Terrace, Finsbury Park, London N4 3SR, UKTel: +44 845 0060Website: www.sense.org.ukSense is the UK's largest organization for childrenand adults who are deaf-blind or have associateddisabilities. It has a database of news articles,statistics and other various resources concentratingon issues specifically on children who are deaf-blind.SHIA (Swedish Organization of Disabled Persons)Box 4060, S 102 61 Stockholm, SwedenEmail: shia@shia.se; Websites: http://www.shia.se/index.php?l=en&p=index (English); www.shia.se(sites currently under development)SHIA is a major development organization fullycommitted to inclusion, with programmesand activities in many countries. It focuses onstrengthening local and national organizations ofpersons with disabilities in developing countries.Sightsavers InternationalGrosvenor Hall, Bolnore Road, Haywards Heath,West Sussex RH16 4BX, UKWebsite: www.sightsavers.orgSightsavers works to combat blindness in developingcountries, restoring sight through specialist treatmentand eye care. It also supports people who areirreversibly blind by providing education, counsellingand training, with particular attention to those living inpoverty in some of the world's poorest countries.World VisionOpal Drive, Fox Mine, Milton Keynes, MK15 0ZR, UKTel: +44 1908 841 049Website: www.worldvision.org.ukWorld Vision works to make a serious andsustainable impact on poverty and its causes,especially as they affect children. It is committed tolong-term change, which means connecting people.Its activities include access to inclusive educationfor children with disabilities and gender equality forwomen with disabilities.49 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

ADDITIONAL RESOURCESChild Rights Information Network (CRIN)Website: www.crin.orgThe Child Rights Information Network (CRIN) is aglobal network that disseminates information aboutthe Convention on the Rights of the Child and childrights among non-governmental organizations,UN agencies, intergovernmental organizations,educational institutions and other child rights experts.The network is supported by and receives fundingfrom UNICEF, Rädda Barnen, Save the Children UKand the International Save the Children Alliance.Extensive information, resources and publications areavailable on this website.Enabling Education NetworkCentre for Educational Inclusion and Support,University of Manchester, M13 9PL, UKEmail: eenet@manchester.ac.uk;Website: www.eenet.org.ukEENET was initiated by Save the Children UK, inpartnership with UK and internationalnon-governmental organizations and researchinstitutions. It is committed to prioritizing the needsof countries, organizations and individuals withlimited access to basic information and resources.A regular newsletter is produced and the websitecontains a wide range of materials and resources oninclusive education and related issues throughoutthe world. An interactive CD presents a wide rangeof relevant information for diverse audiences,bringing together the main themes within inclusiveeducation: parents, young people’s voices, teachereducation, policy development, classroom practice,and the use of images.Source International Information Support CentreWebsite: www.asksource.info/res_library/disability.htmSource is a collaborative venture of the Centre forInternational Health and Development (formerlyCICH), Healthlink Worldwide, Handicap Internationaland the Exchange programme. The website hasbeen formed from a merger of the resource centresof CICH and Healthlink Worldwide. It is designedto meet the information needs of individuals andorganizations working in health, disability anddevelopment worldwide, including health workers,researchers and students, non-governmental andgovernmental organizations, and organizationsfor persons with disabilities. Source has a uniquecollection of around 25,000 health and disabilityinformation resources, including books, journals,manuals, reports, posters, CD-ROMs, websitesand organizations. Many materials are fromdeveloping countries and include both published andunpublished literature.World Institute on Disability510 16th Street, Suite 100, Oakland, CA 94612, USAWebsite: www.wid.orgThe World Institute of Disability is a non-profit,research, public policy and advocacy centre,dedicated to promoting civil rights and full societalinclusion of persons with disabilities. WID focuses onfour areas: employment and economic development;accessible health care and Personal AssistanceService; inclusive technology design; internationaldisability development, including work on inclusiveeducation in Eastern Europe.Roeher InstituteKinsmen Building, York University, Toronto, Ontario,M3J 1P3, CanadaTel: +1 416 661 9611; Fax: +1 416 661 5701Email: info@roeher.ca; Website: www.roeher.ca/The Roeher Institute is a leading policy-research anddevelopment organization. Its task is to generateknowledge, information and skills to secure theinclusion, citizenship, human rights and equality ofpeople with intellectual and other disabilities.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities50

Convention on the Rights of Personswith Disabilities and Optional Protocol tothe Convention on the Rights of Personswith DisabilitiesConvention on the Rights of Persons withDisabilitiesPreambleThe States parties to the present Convention,(a) Recalling the principles proclaimed in the Charterof the United Nations which recognize the inherentdignity and worth and the equal and inalienable rightsof all members of the human family as the foundationof freedom, justice and peace in the world,(b) Recognizing that the United Nations, in theUniversal Declaration of Human Rights and in theInternational Covenants on Human Rights, hasproclaimed and agreed that everyone is entitled toall the rights and freedoms set forth therein, withoutdistinction of any kind,(c) Reaffirming the universality, indivisibility,interdependence and interrelatedness of all humanrights and fundamental freedoms and the need forpersons with disabilities to be guaranteed their fullenjoyment without discrimination,(d) Recalling the International Covenant on Economic,Social and Cultural Rights, the International Covenanton Civil and Political Rights, the InternationalConvention on the Elimination of All Forms of RacialDiscrimination, the Convention on the Eliminationof All Forms of Discrimination against Women,the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment,the Convention on the Rights of the Child, and theInternational Convention on the Protection of theRights of All Migrant Workers and Members of TheirFamilies,(e) Recognizing that disability is an evolving conceptand that disability results from the interactionbetween persons with impairments and attitudinaland environmental barriers that hinders their full andeffective participation in society on an equal basiswith others,(f) Recognizing the importance of the principles andpolicy guidelines contained in the World Programmeof Action concerning Disabled Persons and in theStandard Rules on the Equalization of Opportunitiesfor Persons with Disabilities in influencing thepromotion, formulation and evaluation of the policies,plans, programmes and actions at the national,regional and international levels to further equalizeopportunities for persons with disabilities,(g) Emphasizing the importance of mainstreamingdisability issues as an integral part of relevantstrategies of sustainable development,(h) Recognizing also that discrimination against anyperson on the basis of disability is a violation of theinherent dignity and worth of the human person,(i) Recognizing further the diversity of persons withdisabilities,(j) Recognizing the need to promote and protect thehuman rights of all persons with disabilities, includingthose who require more intensive support,(k) Concerned that, despite these various instrumentsand undertakings, persons with disabilities continueto face barriers in their participation as equalmembers of society and violations of their humanrights in all parts of the world,(l) Recognizing the importance of internationalcooperation for improving the living conditions ofpersons with disabilities in every country, particularlyin developing countries,(m) Recognizing the valued existing and potentialcontributions made by persons with disabilities to theoverall well-being and diversity of their communities,and that the promotion of the full enjoyment bypersons with disabilities of their human rights andfundamental freedoms and of full participation bypersons with disabilities will result in their enhancedsense of belonging and in significant advances in thehuman, social and economic development of societyand the eradication of poverty,(n) Recognizing the importance for personswith disabilities of their individual autonomy andindependence, including the freedom to make theirown choices,(o) Considering that persons with disabilitiesshould have the opportunity to be actively involvedin decision-making processes about policies andprogrammes, including those directly concerningthem,51 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

(p) Concerned about the difficult conditions faced bypersons with disabilities who are subject to multipleor aggravated forms of discrimination on the basis ofrace, colour, sex, language, religion, political or otheropinion, national, ethnic, indigenous or social origin,property, birth, age or other status,(q) Recognizing that women and girls with disabilitiesare often at greater risk, both within and outsidethe home of violence, injury or abuse, neglect ornegligent treatment, maltreatment or exploitation,(r) Recognizing that children with disabilitiesshould have full enjoyment of all human rightsand fundamental freedoms on an equal basis withother children, and recalling obligations to that endundertaken by States parties to the Convention onthe Rights of the Child,(s) Emphasizing the need to incorporate a genderperspective in all efforts to promote the fullenjoyment of human rights and fundamentalfreedoms by persons with disabilities,(t) Highlighting the fact that the majority of personswith disabilities live in conditions of poverty, and inthis regard recognizing the critical need to addressthe negative impact of poverty on persons withdisabilities,(u) Bearing in mind that conditions of peace andsecurity based on full respect for the purposes andprinciples contained in the Charter of the UnitedNations and observance of applicable human rightsinstruments are indispensable for the full protectionof persons with disabilities, in particular during armedconflicts and foreign occupation,(v) Recognizing the importance of accessibility to thephysical, social, economic and cultural environment,to health and education and to information andcommunication, in enabling persons with disabilitiesto fully enjoy all human rights and fundamentalfreedoms,(w) Realizing that the individual, having duties toother individuals and to the community to which heor she belongs, is under a responsibility to strivefor the promotion and observance of the rightsrecognized in the International Bill of Human Rights,(x) Convinced that the family is the natural andfundamental group unit of society and is entitled toprotection by society and the State, and that personswith disabilities and their family members shouldreceive the necessary protection and assistanceto enable families to contribute towards the fulland equal enjoyment of the rights of persons withdisabilities,(y) Convinced that a comprehensive and integralinternational convention to promote and protectthe rights and dignity of persons with disabilitieswill make a significant contribution to redressingthe profound social disadvantage of persons withdisabilities and promote their participation in thecivil, political, economic, social and cultural sphereswith equal opportunities, in both developing anddeveloped countries,Have agreed as follows:Article 1PurposeThe purpose of the present Convention is topromote, protect and ensure the full and equalenjoyment of all human rights and fundamentalfreedoms by all persons with disabilities, and topromote respect for their inherent dignity.Persons with disabilities include those who havelong-term physical, mental, intellectual or sensoryimpairments which in interaction with various barriersmay hinder their full and effective participation insociety on an equal basis with others.Article 2DefinitionsFor the purposes of the present Convention:“Communication” includes languages, display of text,Braille, tactile communication, large print, accessiblemultimedia as well as written, audio, plain-language,human-reader and augmentative and alternativemodes, means and formats of communication,including accessible information and communicationtechnology;“Language” includes spoken and signed languagesand other forms of non spoken languages;“Discrimination on the basis of disability’” means anydistinction, exclusion or restriction on the basis ofdisability which has the purpose or effect of impairingor nullifying the recognition, enjoyment or exercise,on an equal basis with others, of all human rightsand fundamental freedoms in the political, economic,social, cultural, civil or any other field. It includes allforms of discrimination, including denial of reasonableaccommodation;“Reasonable accommodation” means necessaryand appropriate modification and adjustments notimposing a disproportionate or undue burden, whereneeded in a particular case, to ensure to persons withdisabilities the enjoyment or exercise on an equalbasis with others of all human rights and fundamentalfreedoms;Innocenti Digest No. 13Promoting the Rights of Children with Disabilities52

“Universal design” means the design of products,environments, programmes and services to beusable by all people, to the greatest extent possible,without the need for adaptation or specialized design.“Universal design” shall not exclude assistivedevices for particular groups of persons withdisabilities where this is needed.Article 3General principlesThe principles of the present Convention shall be:(a) Respect for inherent dignity, individual autonomyincluding the freedom to make one’s own choices,and independence of persons;(b) Non-discrimination;(c) Full and effective participation and inclusion insociety;(d) Respect for difference and acceptance of personswith disabilities as part of human diversity andhumanity;(e) Equality of opportunity;(f) Accessibility;(g) Equality between men and women;(h) Respect for the evolving capacities of childrenwith disabilities and respect for the right of childrenwith disabilities to preserve their identities.Article 4General obligations1. States parties undertake to ensure andpromote the full realization of all human rights andfundamental freedoms for all persons with disabilitieswithout discrimination of any kind on the basis ofdisability. To this end, States parties undertake:(a) To adopt all appropriate legislative, administrativeand other measures for the implementation of therights recognized in the present Convention;(b) To take all appropriate measures, includinglegislation, to modify or abolish existing laws,regulations, customs and practices that constitutediscrimination against persons with disabilities;(c) To take into account the protection and promotionof the human rights of persons with disabilities in allpolicies and programmes;(d) To refrain from engaging in any act or practice thatis inconsistent with the present Convention and toensure that public authorities and institutions act inconformity with the present Convention;(e) To take all appropriate measures to eliminatediscrimination on the basis of disability by anyperson, organization or private enterprise;(f) To undertake or promote research anddevelopment of universally designed goods, services,equipment and facilities, as defined in article 2 ofthe present Convention, which should require theminimum possible adaptation and the least cost tomeet the specific needs of a person with disabilities,to promote their availability and use, and to promoteuniversal design in the development of standards andguidelines;(g) To undertake or promote research anddevelopment of, and to promote the availability anduse of new technologies, including information andcommunications technologies, mobility aids, devicesand assistive technologies, suitable for personswith disabilities, giving priority to technologies at anaffordable cost;(h) To provide accessible information to persons withdisabilities about mobility aids, devices and assistivetechnologies, including new technologies, as wellas other forms of assistance, support services andfacilities;(i) To promote the training of professionals and staffworking with persons with disabilities in the rightsrecognized in this Convention so as to better providethe assistance and services guaranteed by thoserights.2. With regard to economic, social and cultural rights,each State party undertakes to take measures tothe maximum of its available resources and, whereneeded, within the framework of internationalcooperation, with a view to achieving progressivelythe full realization of these rights, without prejudiceto those obligations contained in the presentConvention that are immediately applicable accordingto international law.3. In the development and implementation oflegislation and policies to implement the presentConvention, and in other decision-makingprocesses concerning issues relating to personswith disabilities, States parties shall closely consultwith and actively involve persons with disabilities,including children with disabilities, through theirrepresentative organizations.4. Nothing in the present Convention shall affectany provisions which are more conducive to therealization of the rights of persons with disabilitiesand which may be contained in the law of a Stateparty or international law in force for that State.There shall be no restriction upon or derogation fromany of the human rights and fundamental freedomsrecognized or existing in any State party to thepresent Convention pursuant to law, conventions,53 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

egulation or custom on the pretext that the presentConvention does not recognize such rights orfreedoms or that it recognizes them to a lesserextent.5. The provisions of the present Convention shallextend to all parts of federal states without anylimitations or exceptions.Article 5Equality and non-discrimination1. States parties recognize that all persons are equalbefore and under the law and are entitled withoutany discrimination to the equal protection and equalbenefit of the law.2. States parties shall prohibit all discrimination onthe basis of disability and guarantee to persons withdisabilities equal and effective legal protection againstdiscrimination on all grounds.3. In order to promote equality and eliminatediscrimination, States parties shall take all appropriatesteps to ensure that reasonable accommodation isprovided.4. Specific measures which are necessary toaccelerate or achieve de facto equality of personswith disabilities shall not be considered discriminationunder the terms of the present Convention.Article 6Women with disabilities1. States parties recognize that women and girls withdisabilities are subject to multiple discrimination, andin this regard shall take measures to ensure the fulland equal enjoyment by them of all human rights andfundamental freedoms.2. States parties shall take all appropriate measuresto ensure the full development, advancementand empowerment of women, for the purpose ofguaranteeing them the exercise and enjoyment ofthe human rights and fundamental freedoms set outin the present Convention.Article 7Children with disabilities1. States parties shall take all necessary measures toensure the full enjoyment by children with disabilitiesof all human rights and fundamental freedoms on anequal basis with other children.2. In all actions concerning children with disabilities,the best interests of the child shall be a primaryconsideration.3. States parties shall ensure that children withdisabilities have the right to express their viewsfreely on all matters affecting them, their views beinggiven due weight in accordance with their age andmaturity, on an equal basis with other children, andto be provided with disability and age-appropriateassistance to realize that right.Article 8Awareness-raising1. States parties undertake to adopt immediate,effective and appropriate measures:(a) To raise awareness throughout society, includingat the family level, regarding persons with disabilities,and to foster respect for the rights and dignity ofpersons with disabilities;(b) To combat stereotypes, prejudices and harmfulpractices relating to persons with disabilities,including those based on sex and age, in all areas oflife;(c) To promote awareness of the capabilities andcontributions of persons with disabilities.2. Measures to this end include:(a) Initiating and maintaining effective publicawareness campaigns designed:(i) To nurture receptiveness to the rights of personswith disabilities;(ii) To promote positive perceptions and greater socialawareness towards persons with disabilities;(iii) To promote recognition of the skills, merits andabilities of persons with disabilities, and of theircontributions to the workplace and the labour market;(b) Fostering at all levels of the education system,including in all children from an early age, an attitudeof respect for the rights of persons with disabilities;(c) Encouraging all organs of the media to portraypersons with disabilities in a manner consistent withthe purpose of the present Convention;(d) Promoting awareness-training programmesregarding persons with disabilities and the rights ofpersons with disabilities.Article 9Accessibility1. To enable persons with disabilities to liveindependently and participate fully in all aspects oflife, States parties shall take appropriate measuresto ensure to persons with disabilities access, on anequal basis with others, to the physical environment,to transportation, to information and communications,including information and communicationstechnologies and systems, and to other facilitiesInnocenti Digest No. 13Promoting the Rights of Children with Disabilities54

and services open or provided to the public, both inurban and in rural areas. These measures, which shallinclude the identification and elimination of obstaclesand barriers to accessibility, shall apply to, inter alia:(a) Buildings, roads, transportation and other indoorand outdoor facilities, including schools, housing,medical facilities and workplaces;(b) Information, communications and other services,including electronic services and emergency services.2. States parties shall also take appropriate measuresto:(a) Develop, promulgate and monitor theimplementation of minimum standards and guidelinesfor the accessibility of facilities and services open orprovided to the public;(b) Ensure that private entities that offer facilities andservices which are open or provided to the publictake into account all aspects of accessibility forpersons with disabilities;(c) Provide training for stakeholders on accessibilityissues facing persons with disabilities;(d) Provide in buildings and other facilities open tothe public signage in Braille and in easy to read andunderstand forms;(e) Provide forms of live assistance andintermediaries, including guides, readers andprofessional sign language interpreters, to facilitateaccessibility to buildings and other facilities open tothe public;(f) Promote other appropriate forms of assistance andsupport to persons with disabilities to ensure theiraccess to information;(g) Promote access for persons with disabilities tonew information and communications technologiesand systems, including the Internet;(h) Promote the design, development, productionand distribution of accessible information andcommunications technologies and systems at anearly stage, so that these technologies and systemsbecome accessible at minimum cost.Article 10Right to lifeStates parties reaffirm that every human being hasthe inherent right to life and shall take all necessarymeasures to ensure its effective enjoyment bypersons with disabilities on an equal basis withothers.Article 11Situations of risk and humanitarian emergenciesStates parties shall take, in accordance with theirobligations under international law, includinginternational humanitarian law and internationalhuman rights law, all necessary measures toensure the protection and safety of persons withdisabilities in situations of risk, including situations ofarmed conflict, humanitarian emergencies and theoccurrence of natural disasters.Article 12Equal recognition before the law1. States parties reaffirm that persons withdisabilities have the right to recognition everywhereas persons before the law.2. States parties shall recognize that persons withdisabilities enjoy legal capacity on an equal basis withothers in all aspects of life.3. States parties shall take appropriate measures toprovide access by persons with disabilities to thesupport they may require in exercising their legalcapacity.4. States parties shall ensure that all measures thatrelate to the exercise of legal capacity provide forappropriate and effective safeguards to preventabuse in accordance with international human rightslaw. Such safeguards shall ensure that measuresrelating to the exercise of legal capacity respectthe rights, will and preferences of the person, arefree of conflict of interest and undue influence,are proportional and tailored to the person’scircumstances, apply for the shortest time possibleand are subject to regular review by a competent,independent and impartial authority or judicial body.The safeguards shall be proportional to the degree towhich such measures affect the person’s rights andinterests.5. Subject to the provisions of this article, Statesparties shall take all appropriate and effectivemeasures to ensure the equal right of persons withdisabilities to own or inherit property, to control theirown financial affairs and to have equal access to bankloans, mortgages and other forms of financial credit,and shall ensure that persons with disabilities are notarbitrarily deprived of their property.Article 13Access to justice1. States parties shall ensure effective access tojustice for persons with disabilities on an equalbasis with others, including through the provision ofprocedural and age-appropriate accommodations,in order to facilitate their effective role as direct and55 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

indirect participants, including as witnesses, in alllegal proceedings, including at investigative and otherpreliminary stages.2. In order to help to ensure effective access tojustice for persons with disabilities, States partiesshall promote appropriate training for those workingin the field of administration of justice, includingpolice and prison staff.Article 14Liberty and security of the person1. States parties shall ensure that persons withdisabilities, on an equal basis with others:(a) Enjoy the right to liberty and security of person;(b) Are not deprived of their liberty unlawfully orarbitrarily, and that any deprivation of liberty is inconformity with the law, and that the existence ofa disability shall in no case justify a deprivation ofliberty.2. States parties shall ensure that if persons withdisabilities are deprived of their liberty throughany process, they are, on an equal basis withothers, entitled to guarantees in accordance withinternational human rights law and shall be treatedin compliance with the objectives and principles ofthis Convention, including by provision of reasonableaccommodation.Article 15Freedom from torture or cruel, inhuman ordegrading treatment or punishment1. No one shall be subjected to torture or to cruel,inhuman or degrading treatment or punishment.In particular, no one shall be subjected withouthis or her free consent to medical or scientificexperimentation.2. States parties shall take all effective legislative,administrative, judicial or other measures to preventpersons with disabilities, on an equal basis withothers, from being subjected to torture or cruel,inhuman or degrading treatment or punishment.Article 16Freedom from exploitation, violence and abuse1. States parties shall take all appropriate legislative,administrative, social, educational and othermeasures to protect persons with disabilities, bothwithin and outside the home, from all forms ofexploitation, violence and abuse, including theirgender-based aspects.2. States parties shall also take all appropriatemeasures to prevent all forms of exploitation,violence and abuse by ensuring, inter alia, appropriateforms of gender- and age-sensitive assistance andsupport for persons with disabilities and their familiesand caregivers, including through the provision ofinformation and education on how to avoid, recognizeand report instances of exploitation, violence andabuse. States parties shall ensure that protectionservices are age-, gender- and disability-sensitive.3. In order to prevent the occurrence of all forms ofexploitation, violence and abuse, States parties shallensure that all facilities and programmes designedto serve persons with disabilities are effectivelymonitored by independent authorities.4. States parties shall take all appropriate measuresto promote the physical, cognitive and psychologicalrecovery, rehabilitation and social reintegration ofpersons with disabilities who become victims of anyform of exploitation, violence or abuse, includingthrough the provision of protection services. Suchrecovery and reintegration shall take place in anenvironment that fosters the health, welfare, selfrespect,dignity and autonomy of the person andtakes into account gender- and age-specific needs.5. States parties shall put in place effective legislationand policies, including women- and child-focusedlegislation and policies, to ensure that instances ofexploitation, violence and abuse against persons withdisabilities are identified, investigated and, whereappropriate, prosecuted.Article 17Protecting the integrity of the personEvery person with disabilities has a right to respectfor his or her physical and mental integrity on anequal basis with others.Article 18Liberty of movement and nationality1. States parties shall recognize the rights of personswith disabilities to liberty of movement, to freedomto choose their residence and to a nationality, on anequal basis with others, including by ensuring thatpersons with disabilities:(a) Have the right to acquire and change a nationalityand are not deprived of their nationality arbitrarily oron the basis of disability;(b) Are not deprived, on the basis of disability, of theirability to obtain, possess and utilize documentationof their nationality or other documentation ofidentification, or to utilize relevant processes suchas immigration proceedings, that may be needed tofacilitate exercise of the right to liberty of movement;Innocenti Digest No. 13Promoting the Rights of Children with Disabilities56

(c) Are free to leave any country, including their own;(d) Are not deprived, arbitrarily or on the basis ofdisability, of the right to enter their own country.2. Children with disabilities shall be registeredimmediately after birth and shall have the right frombirth to a name, the right to acquire a nationality and,as far as possible, the right to know and be cared forby their parents.Article 19Living independently and being included inthe communityStates parties to this Convention recognize the equalright of all persons with disabilities to live in thecommunity, with choices equal to others, and shalltake effective and appropriate measures to facilitatefull enjoyment by persons with disabilities of thisright and their full inclusion and participation in thecommunity, including by ensuring that:(a) Persons with disabilities have the opportunity tochoose their place of residence and where and withwhom they live on an equal basis with others and arenot obliged to live in a particular living arrangement;(b) Persons with disabilities have access to a rangeof in-home, residential and other community supportservices, including personal assistance necessary tosupport living and inclusion in the community, and toprevent isolation or segregation from the community;(c) Community services and facilities for the generalpopulation are available on an equal basis to personswith disabilities and are responsive to their needs.Article 20Personal mobilityStates parties shall take effective measures toensure personal mobility with the greatest possibleindependence for persons with disabilities, includingby:(a) Facilitating the personal mobility of persons withdisabilities in the manner and at the time of theirchoice, and at affordable cost;(b) Facilitating access by persons with disabilities toquality mobility aids, devices, assistive technologiesand forms of live assistance and intermediaries,including by making them available at affordable cost;(c) Providing training in mobility skills to personswith disabilities and to specialist staff working withpersons with disabilities;(d) Encouraging entities that produce mobility aids,devices and assistive technologies to take intoaccount all aspects of mobility for persons withdisabilities.Article 21Freedom of expression and opinion, and accessto informationStates parties shall take all appropriate measures toensure that persons with disabilities can exercise theright to freedom of expression and opinion, includingthe freedom to seek, receive and impart informationand ideas on an equal basis with others and throughall forms of communication of their choice, as definedin article 2 of the present Convention, including by:(a) Providing information intended for the generalpublic to persons with disabilities in accessibleformats and technologies appropriate to differentkinds of disabilities in a timely manner and withoutadditional cost;(b) Accepting and facilitating the use of signlanguages, Braille, augmentative and alternativecommunication, and all other accessible means,modes and formats of communication of their choiceby persons with disabilities in official interactions;(c) Urging private entities that provide services tothe general public, including through the Internet, toprovide information and services in accessible andusable formats for persons with disabilities;(d) Encouraging the mass media, including providersof information through the Internet, to make theirservices accessible to persons with disabilities;(e) Recognizing and promoting the use of signlanguages.Article 22Respect for privacy1. No person with disabilities, regardless of place ofresidence or living arrangements, shall be subjectedto arbitrary or unlawful interference with his or herprivacy, family, home or correspondence or othertypes of communication or to unlawful attacks onhis or her honour and reputation. Persons withdisabilities have the right to the protection of the lawagainst such interference or attacks.2. States parties shall protect the privacy of personal,health and rehabilitation information of persons withdisabilities on an equal basis with others.Article 23Respect for home and the family1. States parties shall take effective and appropriatemeasures to eliminate discrimination against personswith disabilities in all matters relating to marriage,family, parenthood and relationships, on an equalbasis with others, so as to ensure that:57 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

(a) The right of all persons with disabilities who areof marriageable age to marry and to found a familyon the basis of free and full consent of the intendingspouses is recognized;(b) The rights of persons with disabilities to decidefreely and responsibly on the number and spacing oftheir children and to have access to age-appropriateinformation, reproductive and family planningeducation are recognized, and the means necessaryto enable them to exercise these rights are provided;(c) Persons with disabilities, including children, retaintheir fertility on an equal basis with others.2. States parties shall ensure the rights andresponsibilities of persons with disabilities, withregard to guardianship, wardship, trusteeship,adoption of children or similar institutions, wherethese concepts exist in national legislation; inall cases the best interests of the child shall beparamount. States parties shall render appropriateassistance to persons with disabilities in theperformance of their child-rearing responsibilities.3. States parties shall ensure that children withdisabilities have equal rights with respect to familylife. With a view to realizing these rights, and toprevent concealment, abandonment, neglect andsegregation of children with disabilities, Statesparties shall undertake to provide early andcomprehensive information, services and support tochildren with disabilities and their families.4. States parties shall ensure that a child shall not beseparated from his or her parents against their will,except when competent authorities subject to judicialreview determine, in accordance with applicable lawand procedures, that such separation is necessary forthe best interests of the child. In no case shall a childbe separated from parents on the basis of a disabilityof either the child or one or both of the parents.5. States parties shall, where the immediate family isunable to care for a child with disabilities, undertakeevery effort to provide alternative care within thewider family, and failing that, within the community ina family setting.Article 24Education1. States parties recognize the right of persons withdisabilities to education. With a view to realizing thisright without discrimination and on the basis of equalopportunity, States parties shall ensure an inclusiveeducation system at all levels and life long learningdirected to:(a) The full development of human potentialand sense of dignity and self-worth, and thestrengthening of respect for human rights,fundamental freedoms and human diversity;(b) The development by persons with disabilities oftheir personality, talents and creativity, as well astheir mental and physical abilities, to their fullestpotential;(c) Enabling persons with disabilities to participateeffectively in a free society.2. In realizing this right, States parties shall ensurethat:(a) Persons with disabilities are not excluded from thegeneral education system on the basis of disability,and that children with disabilities are not excludedfrom free and compulsory primary education, or fromsecondary education, on the basis of disability;(b) Persons with disabilities can access an inclusive,quality and free primary education and secondaryeducation on an equal basis with others in thecommunities in which they live;(c) Reasonable accommodation of the individual’srequirements is provided;(d) Persons with disabilities receive the supportrequired, within the general education system, tofacilitate their effective education;(e) Effective individualized support measures areprovided in environments that maximize academicand social development, consistent with the goal offull inclusion.3. States parties shall enable persons with disabilitiesto learn life and social development skills to facilitatetheir full and equal participation in education andas members of the community. To this end, Statesparties shall take appropriate measures, including:(a) Facilitating the learning of Braille, alternativescript, augmentative and alternative modes, meansand formats of communication and orientation andmobility skills, and facilitating peer support andmentoring;(b) Facilitating the learning of sign language andthe promotion of the linguistic identity of the deafcommunity;(c) Ensuring that the education of persons, and inparticular children, who are blind, deaf or deafblind,is delivered in the most appropriate languagesand modes and means of communication for theindividual, and in environments which maximizeacademic and social development.4. In order to help ensure the realization of this right,States parties shall take appropriate measures toemploy teachers, including teachers with disabilities,who are qualified in sign language and/or Braille, andto train professionals and staff who work at all levelsof education. Such training shall incorporate disabilityInnocenti Digest No. 13Promoting the Rights of Children with Disabilities58

awareness and the use of appropriate augmentativeand alternative modes, means and formats ofcommunication, educational techniques and materialsto support persons with disabilities.5. States parties shall ensure that persons withdisabilities are able to access general tertiaryeducation, vocational training, adult education andlifelong learning without discrimination and on anequal basis with others. To this end, States partiesshall ensure that reasonable accommodation isprovided to persons with disabilities.Article 25HealthStates parties recognize that persons with disabilitieshave the right to the enjoyment of the highestattainable standard of health without discriminationon the basis of disability. States parties shall take allappropriate measures to ensure access for personswith disabilities to health services that are gendersensitive,including health-related rehabilitation. Inparticular, States parties shall:(a) Provide persons with disabilities with the samerange, quality and standard of free or affordablehealth care and programmes as provided toother persons, including in the area of sexual andreproductive health and population-based publichealth programmes;(b) Provide those health services needed bypersons with disabilities specifically because oftheir disabilities, including early identification andintervention as appropriate, and services designedto minimize and prevent further disabilities, includingamong children and older persons;(c) Provide these health services as close as possibleto people’s own communities, including in rural areas;(d) Require health professionals to provide care of thesame quality to persons with disabilities as to others,including on the basis of free and informed consentby, inter alia, raising awareness of the humanrights, dignity, autonomy and needs of persons withdisabilities through training and the promulgation ofethical standards for public and private health care;(e) Prohibit discrimination against persons withdisabilities in the provision of health insurance, andlife insurance where such insurance is permitted bynational law, which shall be provided in a fair andreasonable manner;(f) Prevent discriminatory denial of health care orhealth services or food and fluids on the basis ofdisability.Article 26Habilitation and rehabilitation1. States parties shall take effective and appropriatemeasures, including through peer support, to enablepersons with disabilities to attain and maintainmaximum independence, full physical, mental,social and vocational ability, and full inclusion andparticipation in all aspects of life. To that end,States parties shall organize, strengthen and extendcomprehensive habilitation and rehabilitation servicesand programmes, particularly in the areas of health,employment, education and social services, in such away that these services and programmes:(a) Begin at the earliest possible stage, and are basedon the multidisciplinary assessment of individualneeds and strengths;(b) Support participation and inclusion in thecommunity and all aspects of society, are voluntary,and are available to persons with disabilities as closeas possible to their own communities, including inrural areas.2. States parties shall promote the developmentof initial and continuing training for professionalsand staff working in habilitation and rehabilitationservices.3. States parties shall promote the availability,knowledge and use of assistive devices andtechnologies, designed for persons with disabilities,as they relate to habilitation and rehabilitation.Article 27Work and employment1. States parties recognize the right of persons withdisabilities to work, on an equal basis with others;this includes the right to the opportunity to gain aliving by work freely chosen or accepted in a labourmarket and work environment that is open, inclusiveand accessible to persons with disabilities. Statesparties shall safeguard and promote the realization ofthe right to work, including for those who acquire adisability during the course of employment, by takingappropriate steps, including through legislation, to,inter alia:(a) Prohibit discrimination on the basis of disabilitywith regard to all matters concerning all forms ofemployment, including conditions of recruitment,hiring and employment, continuance of employment,career advancement and safe and healthy workingconditions;59 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

(b) Protect the rights of persons with disabilities, onan equal basis with others, to just and favourableconditions of work, including equal opportunities andequal remuneration for work of equal value, safe andhealthy working conditions, including protection fromharassment, and the redress of grievances;(c) Ensure that persons with disabilities are able toexercise their labour and trade union rights on anequal basis with others;(d) Enable persons with disabilities to have effectiveaccess to general technical and vocational guidanceprogrammes, placement services and vocational andcontinuing training;(e) Promote employment opportunities and careeradvancement for persons with disabilities in thelabour market, as well as assistance in finding,obtaining, maintaining and returning to employment;(f) Promote opportunities for self-employment,entrepreneurship, the development of cooperativesand starting one’s own business;(g) Employ persons with disabilities in the publicsector;(h) Promote the employment of persons withdisabilities in the private sector through appropriatepolicies and measures, which may include affirmativeaction programmes, incentives and other measures;(i) Ensure that reasonable accommodation is providedto persons with disabilities in the workplace;(j) Promote the acquisition by persons with disabilitiesof work experience in the open labour market;(k) Promote vocational and professional rehabilitation,job retention and return-to-work programmes forpersons with disabilities.2. States parties shall ensure that persons withdisabilities are not held in slavery or in servitude, andare protected, on an equal basis with others, fromforced or compulsory labour.Article 28Adequate standard of living and social protection1. States parties recognize the right of persons withdisabilities to an adequate standard of living forthemselves and their families, including adequatefood, clothing and housing, and to the continuousimprovement of living conditions, and shall takeappropriate steps to safeguard and promote therealization of this right without discrimination on thebasis of disability.2. States parties recognize the right of persons withdisabilities to social protection and to the enjoymentof that right without discrimination on the basisof disability, and shall take appropriate steps tosafeguard and promote the realization of this right,including measures:(a) To ensure equal access by persons withdisabilities to clean water services, and to ensureaccess to appropriate and affordable services,devices and other assistance for disability-relatedneeds;(b) To ensure access by persons with disabilities,in particular women and girls with disabilities andolder persons with disabilities, to social protectionprogrammes and poverty reduction programmes;(c) To ensure access by persons with disabilitiesand their families living in situations of poverty toassistance from the State with disability-relatedexpenses, including adequate training, counselling,financial assistance and respite care;(d) To ensure access by persons with disabilities topublic housing programmes;(e) To ensure equal access by persons withdisabilities to retirement benefits and programmes.Article 29Participation in political and public lifeStates parties shall guarantee to persons withdisabilities political rights and the opportunity toenjoy them on an equal basis with others, and shallundertake to:(a) Ensure that persons with disabilities caneffectively and fully participate in political and publiclife on an equal basis with others, directly or throughfreely chosen representatives, including the right andopportunity for persons with disabilities to vote andbe elected, inter alia, by:(i) Ensuring that voting procedures, facilities andmaterials are appropriate, accessible and easy tounderstand and use;(ii) Protecting the right of persons with disabilitiesto vote by secret ballot in elections and publicreferendums without intimidation, and to stand forelections, to effectively hold office and performall public functions at all levels of government,facilitating the use of assistive and new technologieswhere appropriate;(iii) Guaranteeing the free expression of the willof persons with disabilities as electors and to thisend, where necessary, at their request, allowingassistance in voting by a person of their own choice;Innocenti Digest No. 13Promoting the Rights of Children with Disabilities60

(b) Promote actively an environment in which personswith disabilities can effectively and fully participate inthe conduct of public affairs, without discriminationand on an equal basis with others, and encouragetheir participation in public affairs, including:(i) Participation in non-governmental organizationsand associations concerned with the public andpolitical life of the country, and in the activities andadministration of political parties;(ii) Forming and joining organizations of persons withdisabilities to represent persons with disabilities atinternational, national, regional and local levels.Article 30Participation in cultural life, recreation, leisureand sport1. States parties recognize the right of persons withdisabilities to take part on an equal basis with othersin cultural life, and shall take all appropriate measuresto ensure that persons with disabilities:(a) Enjoy access to cultural materials in accessibleformats;(b) Enjoy access to television programmes, films,theatre and other cultural activities, in accessibleformats;(c) Enjoy access to places for cultural performancesor services, such as theatres, museums, cinemas,libraries and tourism services, and, as far as possible,enjoy access to monuments and sites of nationalcultural importance.2. States parties shall take appropriate measuresto enable persons with disabilities to have theopportunity to develop and utilize their creative,artistic and intellectual potential, not only for theirown benefit, but also for the enrichment of society.3. States parties shall take all appropriate steps, inaccordance with international law, to ensure thatlaws protecting intellectual property rights do notconstitute an unreasonable or discriminatory barrierto access by persons with disabilities to culturalmaterials.4. Persons with disabilities shall be entitled, on anequal basis with others, to recognition and support oftheir specific cultural and linguistic identity, includingsign languages and deaf culture.5. With a view to enabling persons with disabilitiesto participate on an equal basis with others inrecreational, leisure and sporting activities, Statesparties shall take appropriate measures:(a) To encourage and promote the participation, to thefullest extent possible, of persons with disabilities inmainstream sporting activities at all levels;(b) To ensure that persons with disabilities have anopportunity to organize, develop and participate indisability-specific sporting and recreational activitiesand, to this end, encourage the provision, on an equalbasis with others, of appropriate instruction, trainingand resources;(c) To ensure that persons with disabilities haveaccess to sporting, recreational and tourism venues;(d) To ensure that children with disabilities haveequal access with other children to participation inplay, recreation and leisure and sporting activities,including those activities in the school system;(e) To ensure that persons with disabilities haveaccess to services from those involved in theorganization of recreational, tourism, leisure andsporting activities.Article 31Statistics and data collection1. States parties undertake to collect appropriateinformation, including statistical and research data, toenable them to formulate and implement policies togive effect to the present Convention. The process ofcollecting and maintaining this information shall:(a) Comply with legally established safeguards,including legislation on data protection, to ensureconfidentiality and respect for the privacy of personswith disabilities;(b) Comply with internationally accepted norms toprotect human rights and fundamental freedomsand ethical principles in the collection and use ofstatistics.2. The information collected in accordance with thisarticle shall be disaggregated, as appropriate, andused to help assess the implementation of Statesparties’ obligations under the present Convention andto identify and address the barriers faced by personswith disabilities in exercising their rights.3. States parties shall assume responsibility for thedissemination of these statistics and ensure theiraccessibility to persons with disabilities and others.Article 32International cooperation1. States parties recognize the importance ofinternational cooperation and its promotion, insupport of national efforts for the realization of thepurpose and objectives of the present Convention,and will undertake appropriate and effectivemeasures in this regard, between and among Statesand, as appropriate, in partnership with relevantinternational and regional organizations and civilsociety, in particular organizations of persons withdisabilities. Such measures could include, inter alia:61 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

(a) Ensuring that international cooperation, includinginternational development programmes, is inclusiveof and accessible to persons with disabilities;(b) Facilitating and supporting capacity-building,including through the exchange and sharing ofinformation, experiences, training programmes andbest practices;(c) Facilitating cooperation in research and access toscientific and technical knowledge;(d) Providing, as appropriate, technical and economicassistance, including by facilitating access to andsharing of accessible and assistive technologies, andthrough the transfer of technologies.2. The provisions of this article are without prejudiceto the obligations of each State party to fulfil itsobligations under the present Convention.Article 33National implementation and monitoring1. States parties, in accordance with their systemof organization, shall designate one or more focalpoints within government for matters relating tothe implementation of the present Convention, andshall give due consideration to the establishmentor designation of a coordination mechanism withingovernment to facilitate related action in differentsectors and at different levels.2. States parties shall, in accordance with their legaland administrative systems, maintain, strengthen,designate or establish within the State party, aframework, including one or more independentmechanisms, as appropriate, to promote, protect andmonitor implementation of the present Convention.When designating or establishing such a mechanism,States parties shall take into account the principlesrelating to the status and functioning of nationalinstitutions for protection and promotion of humanrights.3. Civil society, in particular persons with disabilitiesand their representative organizations, shall beinvolved and participate fully in the monitoringprocess.Article 34Committee on the Rights of Personswith Disabilities1. There shall be established a Committee on theRights of Persons with Disabilities (hereafter referredto as ’the Committee’), which shall carry out thefunctions hereinafter provided.2. The Committee shall consist, at the time of entryinto force of the present Convention, of twelveexperts. After an additional sixty ratifications oraccessions to the Convention, the membership of theCommittee shall increase by six members, attaining amaximum number of eighteen members.3. The members of the Committee shall serve intheir personal capacity and shall be of high moralstanding and recognized competence and experiencein the field covered by the present Convention. Whennominating their candidates, States parties are invitedto give due consideration to the provision set out inarticle 4.3 of the present Convention.4. The members of the Committee shall be electedby States parties, consideration being given toequitable geographical distribution, representation ofthe different forms of civilization and of the principallegal systems, balanced gender representation andparticipation of experts with disabilities.5. The members of the Committee shall be electedby secret ballot from a list of persons nominatedby the States parties from among their nationalsat meetings of the Conference of States parties.At those meetings, for which two thirds of Statesparties shall constitute a quorum, the personselected to the Committee shall be those who obtainthe largest number of votes and an absolute majorityof the votes of the representatives of States partiespresent and voting.6. The initial election shall be held no later thansix months after the date of entry into force of thepresent Convention. At least four months before thedate of each election, the Secretary-General of theUnited Nations shall address a letter to the Statesparties inviting them to submit the nominationswithin two months. The Secretary-General shallsubsequently prepare a list in alphabetical order of allpersons thus nominated, indicating the State partieswhich have nominated them, and shall submit it tothe States parties to the present Convention.7. The members of the Committee shall be electedfor a term of four years. They shall be eligible forre-election once. However, the term of six of themembers elected at the first election shall expireat the end of two years; immediately after the firstelection, the names of these six members shall bechosen by lot by the chairperson of the meetingreferred to in paragraph 5 of this article.8. The election of the six additional members of theCommittee shall be held on the occasion of regularelections, in accordance with the relevant provisionsof this article.9. If a member of the Committee dies or resignsor declares that for any other cause she or he canno longer perform her or his duties, the State partywhich nominated the member shall appoint anotherexpert possessing the qualifications and meeting therequirements set out in the relevant provisions of thisarticle, to serve for the remainder of the term.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities62

10. The Committee shall establish its own rules ofprocedure.11. The Secretary-General of the United Nationsshall provide the necessary staff and facilities forthe effective performance of the functions of theCommittee under the present Convention, and shallconvene its initial meeting.12. With the approval of the General Assembly,the members of the Committee established underthe present Convention shall receive emolumentsfrom United Nations resources on such terms andconditions as the Assembly may decide, havingregard to the importance of the Committee’sresponsibilities.13. The members of the Committee shall be entitledto the facilities, privileges and immunities of expertson mission for the United Nations as laid down in therelevant sections of the Convention on the Privilegesand Immunities of the United Nations.Article 35Reports by States parties1. Each State party shall submit to the Committee,through the Secretary-General of the United Nations,a comprehensive report on measures taken to giveeffect to its obligations under the present Conventionand on the progress made in that regard, withintwo years after the entry into force of the presentConvention for the State party concerned.2. Thereafter, States parties shall submit subsequentreports at least every four years and furtherwhenever the Committee so requests.3. The Committee shall decide any guidelinesapplicable to the content of the reports.4. A State party which has submitted acomprehensive initial report to the Committee neednot, in its subsequent reports, repeat informationpreviously provided. When preparing reports to theCommittee, States parties are invited to considerdoing so in an open and transparent process and togive due consideration to the provision set out inarticle 4.3 of the present Convention.5. Reports may indicate factors and difficultiesaffecting the degree of fulfilment of obligations underthe present Convention.Article 36Consideration of reports1. Each report shall be considered by the Committee,which shall make such suggestions and generalrecommendations on the report as it may considerappropriate and shall forward these to the Stateparty concerned. The State party may respond withany information it chooses to the Committee. TheCommittee may request further information fromStates parties relevant to the implementation of thepresent Convention.2. If a State party is significantly overdue in thesubmission of a report, the Committee may notifythe State party concerned of the need to examinethe implementation of the present Convention inthat State party, on the basis of reliable informationavailable to the Committee, if the relevant report isnot submitted within three months following thenotification. The Committee shall invite the Stateparty concerned to participate in such examination.Should the State party respond by submitting therelevant report, the provisions of paragraph 1 of thisarticle will apply.3. The Secretary-General of the United Nations shallmake available the reports to all States parties.4. States parties shall make their reports widelyavailable to the public in their own countries andfacilitate access to the suggestions and generalrecommendations relating to these reports.5. The Committee shall transmit, as it may considerappropriate, to the specialized agencies, fundsand programmes of the United Nations, and othercompetent bodies, reports from States partiesin order to address a request or indication of aneed for technical advice or assistance containedtherein, along with the Committee’s observationsand recommendations, if any, on these requests orindications.Article 37Cooperation between States parties andthe Committee1. Each State party shall cooperate with theCommittee and assist its members in the fulfilmentof their mandate.2. In its relationship with States parties, theCommittee shall give due consideration to waysand means of enhancing national capacities for theimplementation of the present Convention, includingthrough international cooperation.63 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

Article 38Relationship of the Committee with other bodiesIn order to foster the effective implementation of thepresent Convention and to encourage internationalcooperation in the field covered by the presentConvention:(a) The specialized agencies and other UnitedNations organs shall be entitled to be representedat the consideration of the implementation ofsuch provisions of the present Convention as fallwithin the scope of their mandate. The Committeemay invite the specialized agencies and othercompetent bodies as it may consider appropriate toprovide expert advice on the implementation of theConvention in areas falling within the scope of theirrespective mandates. The Committee may invitespecialized agencies and other United Nations organsto submit reports on the implementation of theConvention in areas falling within the scope of theiractivities;(b) The Committee, as it discharges its mandate,shall consult, as appropriate, other relevant bodiesinstituted by international human rights treaties, witha view to ensuring the consistency of their respectivereporting guidelines, suggestions and generalrecommendations, and avoiding duplication andoverlap in the performance of their functions.Article 39Report of the CommitteeThe Committee shall report every two years to theGeneral Assembly and to the Economic and SocialCouncil on its activities, and may make suggestionsand general recommendations based on theexamination of reports and information received fromthe States parties. Such suggestions and generalrecommendations shall be included in the report ofthe Committee together with comments, if any, fromStates parties.Article 40Conference of States parties1. The States parties shall meet regularly in aConference of States parties in order to considerany matter with regard to the implementation of thepresent Convention.2. No later than six months after the entry into forceof the present Convention, the Conference of theStates parties shall be convened by the Secretary-General of the United Nations. The subsequentmeetings shall be convened by the Secretary-Generalof the United Nations biennially or upon the decisionof the Conference of States parties.Article 41DepositaryThe Secretary-General of the United Nations shall bethe depositary of the present Convention.Article 42SignatureThe present Convention shall be open for signatureby all States and by regional integration organizationsat United Nations Headquarters in New York as of 30March 2007.Article 43Consent to be boundThe present Convention shall be subject to ratificationby signatory States and to formal confirmation bysignatory regional integration organizations. It shallbe open for accession by any State or regionalintegration organization which has not signed theConvention.Article 44Regional integration organizations1. ’Regional integration organization’ shall meanan organization constituted by sovereign States ofa given region, to which its member States havetransferred competence in respect of mattersgoverned by this Convention. Such organizations shalldeclare, in their instruments of formal confirmationor accession, the extent of their competence withrespect to matters governed by this Convention.Subsequently, they shall inform the depositary ofany substantial modification in the extent of theircompetence.2. References to ’States parties’ in the presentConvention shall apply to such organizations withinthe limits of their competence.3. For the purposes of article 45, paragraph 1, andarticle 47, paragraphs 2 and 3, any instrumentdeposited by a regional integration organization shallnot be counted.4. Regional integration organizations, in matterswithin their competence, may exercise their rightto vote in the Conference of States parties, witha number of votes equal to the number of theirmember States that are parties to this Convention.Such an organization shall not exercise its right tovote if any of its member States exercises its right,and vice versa.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities64

Article 45Entry into force1. The present Convention shall enter into force onthe thirtieth day after the deposit of the twentiethinstrument of ratification or accession.2. For each State or regional integration organizationratifying, formally confirming or acceding to theConvention after the deposit of the twentieth suchinstrument, the Convention shall enter into force onthe thirtieth day after the deposit of its own suchinstrument.Article 46Reservations1. Reservations incompatible with the object andpurpose of the present Convention shall not bepermitted.2. Reservations may be withdrawn at any time.Article 47Amendments1. Any State party may propose an amendmentto the present Convention and submit it to theSecretary-General of the United Nations. TheSecretary-General shall communicate any proposedamendments to States parties, with a request to benotified whether they favour a conference of Statesparties for the purpose of considering and decidingupon the proposals. In the event that, within fourmonths from the date of such communication, atleast one third of the States parties favour such aconference, the Secretary-General shall convene theconference under the auspices of the United Nations.Any amendment adopted by a majority of two thirdsof the States parties present and voting shall besubmitted by the Secretary-General to the GeneralAssembly for approval and thereafter to all Statesparties for acceptance.enter into force for all States parties on the thirtiethday after the number of instruments of acceptancedeposited reaches two thirds of the number of Statesparties at the date of adoption of the amendment.Article 48DenunciationA State party may denounce the present Conventionby written notification to the Secretary-General ofthe United Nations. The denunciation shall becomeeffective one year after the date of receipt of thenotification by the Secretary-General.Article 49Accessible formatThe text of the present Convention shall be madeavailable in accessible formats.Article 50Authentic textsThe Arabic, Chinese, English, French, Russian andSpanish texts of the present Convention shall beequally authentic.In witness thereof the undersigned plenipotentiaries,being duly authorized thereto by their respectiveGovernments, have signed the present Convention.2. An amendment adopted and approved inaccordance with paragraph 1 of this article shallenter into force on the thirtieth day after the numberof instruments of acceptance deposited reachestwo thirds of the number of States parties at thedate of adoption of the amendment. Thereafter, theamendment shall enter into force for any State partyon the thirtieth day following the deposit of its owninstrument of acceptance. An amendment shall bebinding only on those States parties which haveaccepted it.3. If so decided by the Conference of States partiesby consensus, an amendment adopted and approvedin accordance with paragraph 1 of this article whichrelates exclusively to articles 34, 38, 39 and 40 shall65 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

Optional Protocol to the Convention onthe Rights of Persons with DisabilitiesThe States parties to the present Protocol haveagreed as follows:Article 11. A State party to the present Protocol (’State party’)recognizes the competence of the Committee on theRights of Persons with Disabilities (’the Committee’)to receive and consider communications from oron behalf of individuals or groups of individualssubject to its jurisdiction who claim to be victims ofa violation by that State party of the provisions of theConvention.2. No communication shall be received by theCommittee if it concerns a State party to theConvention that is not a party to the present Protocol.Article 2The Committee shall consider a communicationinadmissible when:(a) The communication is anonymous;(b) The communication constitutes an abuse of theright of submission of such communications or isincompatible with the provisions of the Convention;(c) The same matter has already been examined bythe Committee or has been or is being examinedunder another procedure of international investigationor settlement;(d) All available domestic remedies have notbeen exhausted. This shall not be the rule wherethe application of the remedies is unreasonablyprolonged or unlikely to bring effective relief;(e) It is manifestly ill-founded or not sufficientlysubstantiated; or when(f) The facts that are the subject of thecommunication occurred prior to the entry into forceof the present Protocol for the State party concernedunless those facts continued after that date.Article 3Subject to the provisions of article 2 of thepresent Protocol, the Committee shall bring anycommunications submitted to it confidentially to theattention of the State party. Within six months, thereceiving State shall submit to the Committee writtenexplanations or statements clarifying the matter andthe remedy, if any, that may have been taken by thatState.Article 41. At any time after the receipt of a communicationand before a determination on the merits has beenreached, the Committee may transmit to the Stateparty concerned for its urgent consideration a requestthat the State party take such interim measuresas may be necessary to avoid possible irreparabledamage to the victim or victims of the allegedviolation.2. Where the Committee exercises its discretionunder paragraph 1 of this article, this does not imply adetermination on admissibility or on the merits of thecommunication.Article 5The Committee shall hold closed meetings whenexamining communications under the presentProtocol. After examining a communication,the Committee shall forward its suggestionsand recommendations, if any, to the State partyconcerned and to the petitioner.Article 61. If the Committee receives reliable informationindicating grave or systematic violations by a Stateparty of rights set forth in the Convention, theCommittee shall invite that State party to cooperatein the examination of the information and to this endsubmit observations with regard to the informationconcerned.2. Taking into account any observations that mayhave been submitted by the State party concernedas well as any other reliable information available toit, the Committee may designate one or more of itsmembers to conduct an inquiry and to report urgentlyto the Committee. Where warranted and with theconsent of the State party, the inquiry may include avisit to its territory.3. After examining the findings of such an inquiry, theCommittee shall transmit these findings to the Stateparty concerned together with any comments andrecommendations.4. The State party concerned shall, within sixmonths of receiving the findings, comments andrecommendations transmitted by the Committee,submit its observations to the Committee.5. Such an inquiry shall be conducted confidentiallyand the cooperation of the State party shall be soughtat all stages of the proceedings.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities66

Article 71. The Committee may invite the State partyconcerned to include in its report under article 35of the Convention details of any measures taken inresponse to an inquiry conducted under article 6 ofthe present Protocol.2. The Committee may, if necessary, after the endof the period of six months referred to in article 6.4,invite the State party concerned to inform it of themeasures taken in response to such an inquiry.Article 8Each State party may, at the time of signature orratification of the present Protocol or accessionthereto, declare that it does not recognize thecompetence of the Committee provided for in articles6 and 7.Article 9The Secretary-General of the United Nations shall bethe depositary of the present Protocol.Article 10The present Protocol shall be open for signatureby signatory States and regional integrationorganizations of the Convention at United NationsHeadquarters in New York as of 30 March 2007.Article 11The present Protocol shall be subject to ratificationby signatory States of this Protocol which haveratified or acceded to the Convention. It shall besubject to formal confirmation by signatory regionalintegration organizations of this Protocol which haveformally confirmed or acceded to the Convention. Itshall be open for accession by any State or regionalintegration organization which has ratified, formallyconfirmed or acceded to the Convention and whichhas not signed the Protocol.Article 121. ’Regional integration organization’ shall meanan organization constituted by sovereign States ofa given region, to which its member States havetransferred competence in respect of mattersgoverned by the Convention and this Protocol. Suchorganizations shall declare, in their instruments offormal confirmation or accession, the extent of theircompetence with respect to matters governed bythe Convention and this Protocol. Subsequently,they shall inform the depositary of any substantialmodification in the extent of their competence.2. References to ’States parties’ in the presentProtocol shall apply to such organizations within thelimits of their competence.3. For the purposes of article 13, paragraph 1, andarticle 15, paragraph 2, any instrument deposited by aregional integration organization shall not be counted.4. Regional integration organizations, in matterswithin their competence, may exercise their right tovote in the meeting of States parties, with a numberof votes equal to the number of their member Statesthat are parties to this Protocol. Such an organizationshall not exercise its right to vote if any of itsmember States exercises its right, and vice versa.Article 131. Subject to the entry into force of the Convention,the present Protocol shall enter into force on thethirtieth day after the deposit of the tenth instrumentof ratification or accession.2. For each State or regional integration organizationratifying, formally confirming or acceding tothe Protocol after the deposit of the tenth suchinstrument, the Protocol shall enter into force onthe thirtieth day after the deposit of its own suchinstrument.Article 141. Reservations incompatible with the objectand purpose of the present Protocol shall not bepermitted.2. Reservations may be withdrawn at any time.Article 151. Any State party may propose an amendment tothe present Protocol and submit it to the Secretary-General of the United Nations. The Secretary-Generalshall communicate any proposed amendmentsto States parties, with a request to be notifiedwhether they favour a meeting of States parties forthe purpose of considering and deciding upon theproposals. In the event that, within four monthsfrom the date of such communication, at least onethird of the States parties favour such a meeting, theSecretary-General shall convene the meeting underthe auspices of the United Nations. Any amendmentadopted by a majority of two thirds of the Statesparties present and voting shall be submitted bythe Secretary-General to the General Assemblyfor approval and thereafter to all States parties foracceptance.67 Promoting the Rights of Children with Disabilities Innocenti Digest No. 13

2. An amendment adopted and approved inaccordance with paragraph 1 of this article shallenter into force on the thirtieth day after the numberof instruments of acceptance deposited reachestwo thirds of the number of States parties at thedate of adoption of the amendment. Thereafter, theamendment shall enter into force for any State partyon the thirtieth day following the deposit of its owninstrument of acceptance. An amendment shall bebinding only on those States parties which haveaccepted it.Article 16A State party may denounce the present Protocolby written notification to the Secretary-General ofthe United Nations. The denunciation shall becomeeffective one year after the date of receipt of thenotification by the Secretary-General.Article 17The text of the present Protocol shall be madeavailable in accessible formats.Article 18The Arabic, Chinese, English, French, Russian andSpanish texts of the present Protocol shall be equallyauthentic.In witness thereof the undersigned plenipotentiaries,being duly authorized thereto by their respectiveGovernments, have signed the present Protocol.Innocenti Digest No. 13Promoting the Rights of Children with Disabilities68

UNICEF Innocenti Research CentrePiazza SS. Annunziata, 1250122 Florence, ItalyTel: (39) 055 20 330Fax: (39) 055 2033 220Email general: florence@unicef.orgEmail publication orders: florenceorders@unicef.orgWebsite: www.unicef-irc.orgISBN: 978-88-89129-60-9ISSN: 1028-3528© The United Nations Children’s Fund (UNICEF)October 2007