Promoting the Rights of Children with Disabilities, UNICEF

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