Promoting the Rights of Children with Disabilities, UNICEF

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“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
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CONTENTSExecutive Summary . . . . .
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of all legislation in order to ensu
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While there are grounds for optimis
Page 11 and 12: © UNICEF/HQ95-0451/David BarbourBo
Page 13 and 14: The minimum benchmark was found par
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Page 17 and 18: Box 4.1 Human rights instruments an
Page 19 and 20: Box 4.2 Work of the UN Special Rapp
Page 21 and 22: Monitoring implementation of the Co
Page 23 and 24: 5 HUMAN RIGHTS OFCHILDREN WITHDISAB
Page 25 and 26: cases of physicians in both income-
Page 27 and 28: environments. Even in a well-staffe
Page 29 and 30: Box 5.2 Landmines cause disability
Page 31 and 32: 6 FOUNDATIONS FORINCLUSIONThe impor
Page 33 and 34: Los Pipitos is an active parents’
Page 35 and 36: and knowledge. 87 Conversely, where
Page 37 and 38: particular attention to school-base
Page 39 and 40: Both where there is an absence of f
Page 41 and 42: 7 ENSURING ASUPPORTIVEENVIRONMENTCr
Page 43 and 44: Box 7.2 Raising disability awarenes
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Page 47 and 48: 8 CONCLUSIONSThe inclusion of child
Page 49 and 50: 21 Blomgren, Lars, ’UN Standard R
Page 51 and 52: 78 Shared Care Network, , accessed1
Page 53 and 54: LINKS 1UNITED NATIONS SYSTEMOffice
Page 55 and 56: Amnesty InternationalWebsite: www.a
Page 57 and 58: Healthlink WorldwideCityside, 40 Ad
Page 59 and 60: ADDITIONAL RESOURCESChild Rights In
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Page 65 and 66: indirect participants, including as
Page 67 and 68: (a) The right of all persons with d
Page 69 and 70: (b) Protect the rights of persons w
Page 71 and 72: (a) Ensuring that international coo
Page 73 and 74: Article 38Relationship of the Commi
Page 75 and 76: Optional Protocol to the Convention
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