International Disability Alliance (IDA) s1

International Disability Alliance (IDA) Disabled Peoples' International, Down Syndrome International, Inclusion International, International Federation of Hard of Hearing People, World Blind Union, World Federation of the Deaf, World Federation of the DeafBlind, World Network of Users and Survivors of Psychiatry, Arab Organization of Disabled People, European Disability Forum, Red Latinoamericana de Organizaciones no Gubernamentales de Personas con Discapacidad y sus familias (RIADIS), Pacific Disability Forum

IDA submission to the Committee on the Rights of the Child on the first draft of the General Comment on Child Rights and Business

IDA welcomes the initiative of the Committee on the Rights of the Child (hereinafter “the Committee”) to draft a General Comment on child rights and business; and to open a second call for submissions for input on the first draft. In this second submission, IDA provides more information on concrete examples globally with respect to the rights of children with disabilities in the context of business, which are presented in relation to state obligations and the general principles of the Convention on the Rights of the Child (CRC). Proposed recommendations appear at the end of the submission (p 8) which have been revised under the framework of measures for implementation, and is followed by an Annex (p 10)which highlights provisions of the Convention on the Rights of Persons with Disabilities (CRPD) which set out protections to the rights of children with disabilities in the context of business.

The right to non-discrimination: accessibility of goods and services1 Article 2 1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.

IDA welcomes the explicit reference in para 27 of the Committee’s first draft to direct and indirect discrimination affecting children. Children with disabilities are often subject to discrimination when they cannot access the same goods and services as other children due to inaccessibility of structures and services and the absence of, or non-conformity to, accessibility standards (see Article 9, CRPD. Without the adoption of accessibility standards and regulations to ensure their implementation, children with disabilities find themselves

1 Good and services refers to, inter alia, shops, restaurants, hotels, gymnasiums, theatres, libraries, banks, schools, health care establishments. IDA submission on the first draft of the CRC Committee’s General Comment on Child Rights and Business excluded from benefitting from facilities and services destined to the public due to environmental or physical obstacles, or communicational and informational barriers.

For example, classrooms, school equipment, school transportation, and playgrounds should cater to all children, including children with disabilities, as should the procurement of accessible technology. However, due to a lack of awareness and/or will, public procurement of goods and services by the State frequently lead to infringements of the fundamental rights of children with disabilities to education, to play, to access information, on an equal basis with other children, which clearly amounts to discrimination and results in their exclusion.

Good practices

 The Accessibility for Ontarians with Disabilities Act’s2 Customer Service Standard3 states that the provider of services shall use reasonable efforts to ensure that the goods or services are provided in a manner that respects the dignity and independence of persons with disabilities; the provision of goods or services to persons with disabilities and others is integrated unless an alternate measure is necessary, and that persons with disabilities must be given an opportunity equal to that given to others to obtain, use and benefit from the goods or services. Further, the policies must address the use of assistive devices by persons with disabilities to obtain, use or benefit from the provider’s goods or services or the availability, if any, of other measures which enable them to do so.

Principle of the best interests of the child: Privatisation of social care Article 3 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

As the Committee notes in para 29, the consideration of the best interest of the child should be part of decision-making in relation to business activities and operations, especially while making economic considerations and development decisions. The best interests of the child shall be a primary consideration in all actions concerning children and this principle should be equally applied to children with disabilities. The principle of best interest must be applied strictly keeping in mind the best interest of the child or children with disabilities over other possible interests at stake given that children with disabilities as a group have commonly been marginalised by policies and prescriptions which yield to the interests of others over their own.

The increase of privatisation of social care (such as child welfare institutions) has in some countries lead to bad practices in which the best interest of the child is outweighed by economic interests. As officials seek to provide mandatory care services to citizens at a lower cost, they turn to privatisation to provide a solution. Conflicts emerge when competition for contracts with municipalities between companies pushes prices down and profit still remains the primary objective of private actors. This often results in a restricted the number of staff and an increase in the number of children in one institution with limited consideration of the rights and needs of children.

2 2005 – O. Reg. 429/07, available at http://www.aoda.ca/?page_id=8 3 Available at http://www.aoda.ca/?page_id=10 2 IDA submission on the first draft of the CRC Committee’s General Comment on Child Rights and Business

The child’s best interest to be raised within their family or in a family environment is also neglected in the context of privatised care. In fact, a child’s reintegration into their family or placement within a foster family results in the decrease of beneficiaries for services, meaning a decrease in funding. For example, in 2012 the National Audit Office of Finland, found that private institutions and family homes, from which municipalities contract child protection services, do not necessarily take into consideration their legal obligation to promote and facilitate the child’s reintegration into their family.4 The possibility for long term, secured contract with municipalities, has also opened a market for multinational corporations in Finnish child custody care. Corporations buy smaller family run service providers to eliminate competition and to change units into bigger institutions to increase profits.

Children with psychosocial disabilities are often highly represented in child care services, but their needs for support are not always met. Although most Finnish municipalities prefer to place children within 100-200 km of their family, these recommendations do not apply to children with psychosocial disabilities who are most likely to be placed in specialised psychiatric institutions far from their families5 in violation of their right to family and right live in the community (Article 19, CRPD). This is due in part to the unwillingness of private institutions or homes to accept “difficult” children who require more care and therefore resources.6

The use of psychotropic medication is common among children with autism spectrum disorders, even among very young children aged 0 to 5 years.7 Use of psychotropic medication is most common in foster care,8 which may be a sign of efforts within child welfare systems to reduce behavioural difficulties with the use of medication.9

The right to life, survival and development: pharmaceutical industry Article 6 1. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure to the maximum extent possible the survival and development of the child.

An example of the failure of the State to protect the rights of children with disabilities relates to corporate actors within the pharmaceutical industry and their actions in promoting the use of medication for various behaviours and the use of dangerous medication, as well as the conduct of high risk medical tests.

The over prescription of medication to children has largely been driven by the pharmaceutical industry which exercises influence on professionals and research centres

4 Valtiontalouden tarkastusviraston tuloksellisuustarkastuskertomus. Dnro 321/54/2010, May 24 2012. Page 2. Only available in Finnish. 5 Valtiontalouden tarkastusviraston tuloksellisuustarkastuskertomus. Dnro 321/54/2010, May 24 2012. Page 54. Only available in Finnish. 6 Valtiontalouden tarkastusviraston tuloksellisuustarkastuskertomus. Dnro 321/54/2010, May 24 2012. Page 53. Only available in Finnish 7 Psychotropic Medication Use Among Medicaid-Enrolled Children With Autism Spectrum Disorders. 2008. Of the sample, 56% used at least 1 psychotropic medication, 20% of whom were prescribed more than 3 medications co ncurrently. Older children were more likely to use any psychotropic medication than younger children; however, u se was common even in children aged 0 to 2 years (18%) and 3 to 5 years (32%). Among 0- to 2-year-olds, sedatives were most common; among 3- to 5- and 6- to 11-year-olds, both neuroleptic drugs and stimulants were most common; and in the oldest 2 age groups, neuroleptic drugs were most common. 8 Psychotropic Medication Use Among Medicaid-Enrolled Children With Autism Spectrum Disorders. 2008. 9 James S. Why do foster care placements disrupt? An investigation of reasons for placement change in foster car e. Soc Serv Rev.2004;78 :601– 627. 3 IDA submission on the first draft of the CRC Committee’s General Comment on Child Rights and Business and results in the expansion of spectrums of conditions, corresponding diagnoses, and the assigning of pathologies to children and adolescents concerning behavioural issues usually associated with childhood and mental health. These practices construct social barriers for children with intellectual and psychosocial disabilities. The clearest example of this influence and process is the increase of imprecise and unfounded diagnoses of attention deficit disorder (ADD), a trend particularly prevalent in industrialised countries. The increase in prescriptions to treat ADD have made some countries tighten their regulations on the use of the drug,10 but more needs to be done as the impact of this process reinforces the segregation of this group through medicalisation. The CRC Committee continues to express concern about this trend which poses serious risks to the health and development of children and adolescents,11 whereas more efforts could be made to recognise the diversity and individuality of children and to improve their interaction with the community through alternatives such as social programmes.

Another current example is the promotion of the use of anti-depressants on children. In July 2012, Global health care giant GlaxoSmithKline LLC (GSK) plead guilty to the unlawful promotion of certain prescription drugs, the failure to report certain safety data, and for alleged false price reporting practices. GSK promoted, amongst doctors, the use of the anti- depressant Paxil in children and adolescents in full knowledge that anti-depressants may increase the risk of suicidal thinking and behaviour in patients under 18 years.12 There is a constant risk of such misconduct as pharmaceutical companies pay their sales personnel based on the amount of drugs they sell through doctors due to the desire for bigger profits.

Pharmaceutical companies, that perform drug tests on children, often outsource trials to less developed countries to lower their expenses.13 In poorer and less-educated environments, both doctors and patients can be more easily convinced or even pressured to participate in drug trials. Children and adolescents with disabilities are at an increased risk of being used in medical tests without their full and informed consent.14 In some cases, medical trials have resulted in the death of children or have caused permanent disability.15

10 Uruguay's Family Appeals Court ruled that the State must tighten controls on the use of a drug to treat children with Attention Deficit Disorder, in a case taken by the Observatorio del Sistema Judicial (OSJ – the Observatory o f the Judicial System). Child Rights International Network, URUGUAY: Court orders State to tighten controls on children's medication 11 Concluding Observations of the CRC Committee, CRC/C/AUS/CO/4, 2012, para 63. ”--- The Committee notes as positive that the State party‟s territory of Western Australia has carried out research investigating the effectiven ess of drugs currently used to treat Attention Deficit Hyperactivity Disorder (ADHD) and Attention Deficit Disorder (ADD). However, the Committee remains concerned that current diagnosis procedures may not be adequately ad dressing the underlying mental health issues linked to it resulting in significant increases and/or erroneous prescri ption of psycho-stimulants to children diagnosed with ADHD and ADD which is of serious concern.”and para 64 “E mphasising the importance of access to child and youth friendly mental health support and services, the Committe e recommends that the State party: --- (e) Carefully monitor the prescription of psycho-stimulants to children and t ake initiatives to provide children diagnosed with ADHD and ADD, as well as their parents and teachers, with acc ess to a wider range of psychological, educational and social measures and treatments; and, consider undertakin g the collection and analysis of data disaggregated according to substance-type and age with a view to monitoring the possible abuse of psycho-stimulant drugs by children. 12 USA Department of Justice. Office of Public Affairs. Monday, July 2, 2012. GlaxoSmithKline to Plead Guilty and Pay $3 Billion to Resolve Fraud Allegations and Failure to Report Safety Data . Largest Health Care Fraud Settlem ent in U.S. History. 13 Child Rights International Network, EDITORIAL: Children's Rights and the Pharmaceutical Industry. 14 In January 2012, Indian doctors were fined less than $100 each for having secretly carried out drug trials on chil dren and other patients with learning disabilities. The doctors, two of whom continue to deny any wrongdoing, were alleged to have been paid by drug companies to test drugs for sexual dysfunction and other problems on ov er 200 patients. Child Rights International Network, INDIA: Anger over secret drug trials on children. 15 In 2011 in Niger, pharmaceutical company Pfizer settled to give payments of $75 million to families of Nigerian children who died of meningitis following a controversial drug trial marred by allegations of lack of consent, inadequate documentation and medical malpractice. Child Rights International Network, Bad Medicine for Children's Rights. 4 IDA submission on the first draft of the CRC Committee’s General Comment on Child Rights and Business

Right to be heard: in all matters affecting children

Article 12 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

In assessing the best interests of the child and in adopting measures to uphold their best interests, children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realise this right (Article 7, CRPD). Having a disability should not diminish the weight given to the child’s views in determining their best interest, even in the face of the opinion of professionals and industry actors (such as the medical and pharmaceutical industry).

Like all children, children with disabilities should be supported in expressing their views in relation to business practices which affect them; such as sharing their views in the evaluation of the accessibility and inclusiveness of environments, equipment, material, information and communications targeted to children by private actors or through public procurement processes. Children should be provided with the necessary information, in accessible formats, and be encouraged to have a voice in decision-making, including the right to free and informed consent in their treatment. Private care facilities for children should be operated with respect for the views of the children residing there, and monitoring of private institutions should include a close focus on consultation with children residing there in order to best evaluate whether private institutions are carrying out their obligations to uphold the rights of children in all respects, including their right to be heard on all matters affecting them, including to have a say in their activities and any treatment, their right to information to take part in decision making processes, their right to family and right to live in the community. The CRPD highlights the right of the child to be heard including the obligation to closely consult with children with disabilities and their representative organisations concerning the design of laws and public policies for children and adolescents with disabilities in accordance with Article 4 (3) of the CRPD- an obligation which extends to private actors including the business sector where their policies and actions affect them.

Right to information & non-discrimination: Media

Article 17 States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, States Parties shall:

5 IDA submission on the first draft of the CRC Committee’s General Comment on Child Rights and Business

(a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29; (b) Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources; (c) Encourage the production and dissemination of children's books; (d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous; (e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18.

Another pertinent case in point is the role and regulation of the media – including the content production industry – and media marketing and communication techniques. At one level, the right of children and adolescents with disabilities to access information is impeded by the lack of access to these services due to the absence of implementation of measures and accessibility standards to ensure access to information and communications in alternative languages and formats such as sign languages, captioning, audio descriptions, Braille, and plain language.

A clear manifestation of the State protecting the interests of business over the rights of children and adolescents with disabilities is the imposition of copyright which restricts the reproduction of books, comics and other publications in accessible formats, thus limiting the right to information, entertainment, education and culture of children and adolescents with visual impairments. Until all publications develop accessible formats allowing the free choice of content by children and adolescents with disabilities, the State has a duty to establish within the law copyright exceptions in order to permit the exercise of these rights.

At another level, the media commonly replicates the charity and medical approach to disability, perpetuating stereotypes and stigma around children and adolescents with disabilities. These prejudices operate socially to the detriment of children’s human rights by, for example, the use of derogatory and obsolete language in the public domain, and the portrayal of a negative image of children with disabilities. It is a typical practice in many countries to run telethons to raise money by promoting the image of poor, helpless disabled children; there are also TV reality shows which portray persons with disabilities as outside the norms of society. The perpetuation of stereotypes of children and adults with disabilities in society diminishes their opportunities to education, to work, to live in and participate in the life of the community. Moreover, in association with other industries of goods and services, the media exploits the image of the alleged helplessness and need to cure and correct children and adolescents with disabilities. The State has a duty to protect the rights of children with disabilities by ensuring that the mass media industry promotes positive images of children and adolescents with disabilities and contributes positively to the realisation of their rights by raising the public’s awareness, as inscribed in Article 8 of the CRPD.

Right to health & non-discrimination: Insurance companies Article 24 1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

The insurance industry infringes the right to health of children and adolescents with disabilities through the exclusion from, or reduced coverage of, health, accident and life insurance based on medical criteria and risk evaluation centred on the impairment which constitutes disability based discrimination. Often national legislations permit insurance companies to discriminate against children with disabilities provided that such treatment is “reasonable” and “based on relevant, current information from a reliable source”.

As the inclusion of children and adolescents with disabilities to insurance schemes would hardly pose any significant financial risk to large and profitable insurers, it conversely poses a great risk for children with disabilities and their families as they may, in a case of illness or accident, be exposed to high and inescapable medical expenses.

International cooperation: Food and chemical industries Actions of corporations, including transnational corporations abroad (section 2.4 of the draft outline) has had devastating effects on the development of children and adolescents with disabilities in developing countries. It is recognised that 80% of youth with disabilities live in developing countries and UNESCO estimates that 98% of children with disabilities in developing countries do not attend school. The sustained increase in prices of commodities associated with food and chemical industries linked to pesticides and herbicides, has resulted in massive deforestation for extending crops and livestock, environmental pollution and the consequent displacement of communities. Among the worst affected are rural and indigenous children and adolescents with disabilities living in these areas, who have almost no chance of exercising the right to adequate housing for their full development.

As pointed out in the draft outline, States are also accountable to take appropriate steps to prevent and remedy the abuse of child rights abroad by the actions of business enterprises domiciled in their jurisdiction. Regulatory frameworks can be set up to exert influence over these enterprises within the sphere of international cooperation in order to ensure that actions do not infringe the rights of children with disabilities nor result in their exclusion, as set out in Article 32, CRPD.

Conclusion

All these mechanisms and practices of social exclusion, supported by the private and business sector, result in a one way path for children and adolescents with disabilities toward segregation. A child or adolescent with disability who is not included socially does not attend school, or who is not supported by the community is vulnerable to abuse, labour exploitation and, if not exploitable, to segregation under the disability industry which is run in many countries by the private sector through charity structures - in homes, day care centers or other institutions - or through the rehabilitative medical industry or special education industry.

IDA recommendations: Framework for measures of implementation

IDA makes the following revised recommendations to the Committees:

Legislative and regulatory measures • Ensure that legislative and regulatory measures implemented by the State and the business sector, including Child Rights Impact Assessments, and child rights due diligence for business, address the differentiated impact of actions on children and in particular that regard must be had to the diversity of children and their needs in order to uphold their rights and for their effective inclusion and participation in society. • Call on States to legislate copyright exceptions to ensure that intellectual property rights managed by publishing companies do not infringe on the right of children and youth with disabilities to access cultural materials on an equal basis with others by making them available in alternative formats. Remedial measures • Call on States to ensure that all children, including children and adolescents with disabilities, whose rights have been infringed by the actions of private actors in the context of business, have effective access to justice on an equal basis with others. Take steps to ensure that perpetrators are brought to justice, and redress provided to victims. In particular, children and adolescents with disabilities should be provided procedural and age appropriate accommodations to ensure their effective role as direct and indirect participants, including as witnesses, in all legal proceedings concerning violative business practices, including at investigative and other preliminary stages. Appropriate training should be promoted for those working in the field of the administration of justice.

Policy and administrative measures • Call on States to carry out studies and adopt instruments for assessments of impact by the business sector on the rights of children and youth with disabilities, particularly in developing countries, and for States to develop a national Business and Child Rights Policy framework for the respect the rights of all children, in close consultation with children themselves, with support where needed to express their views, their representative organisations, and through engagement with the business sector. • Call on States to conduct more robust regulation, monitoring and evaluation of the business sector in consultation with children and adolescents with disabilities and their representative organisations, including the media, both multinational and national pharmaceutical, insurance and other health and medical related industries to protect children and adolescents with disabilities from further stigmatisation, segregation and discrimination in society on account of the continued medicalisation of disability by these industries. • Call on States to strengthen policies for international cooperation conditioned upon the promotion of the human rights approach to disability (in accordance with Article 32 of the CRPD) and the right of the child to be heard, including the reinforcement of this right in close consultation of children with disabilities and their representative organisations concerning the design of laws and public policies for children and adolescents with disabilities (in accordance with Article 4 (3) of the CRPD); 8 IDA submission on the first draft of the CRC Committee’s General Comment on Child Rights and Business

• Call on States to monitor and seek revision of transnational investment policies to avoid negative impacts on children, particularly in developing countries and with respect to the infringement of the rights of marginalised children, including children with disabilities, indigenous and rural populations.

• Call on States and businesses to collect appropriate information, including statistical and research data, to enable them to conduct Child Rights Impact Assessments, for improved identification of the diverse needs of children, including children with disabilities, in order to better formulate and implement business sector policies to give effect to the rights of children and adolescents with disabilities, and to better prevent and address violations of their rights. This includes an obligation to collect data which are disaggregated by sex, age, type of disability, geographical region.

Collaborative and awareness-raising measures • Call on States to conduct awareness raising campaigns aimed at the government and business sectors, to promote the rights and best interest of children and adolescents with disabilities on an equal basis with others. In close consultation with children with disabilities and their representative organisations, conduct training and develop guidance for private and business actors, in particular those providing goods and services targeted to children. Take steps to highlight the duties of the business sector to ensure accessible and inclusive environments, equipment and material, and to render information and communications accessible by making them available in age appropriate and easy to read formats, including among others, local languages including sign language, and Braille.

The International Disability Alliance (IDA) is a unique, international network of global and regional organisations of persons with disabilities. Established in 1999, each IDA member represents a large number of national disabled persons’ organisations (DPOs) from around the globe, covering the whole range of disability constituencies. IDA thus represents the collective global voice of persons with disabilities counting among the more than 1 billion persons with disabilities worldwide, the world’s largest – and most frequently overlooked – minority group. Currently comprising eight global and four regional DPOs, IDA’s mission is to advance the human rights of children and adults with disabilities as a united voice of organisations of persons with disabilities utilising the Convention on the Rights of Persons with Disabilities (CRPD) and other human rights instruments. IDA also aims to promote the effective implementation and compliance with the CRPD within the UN system and across the treaty bodies.

For further information, please contact: [email protected] International Disability Alliance 150 Route de Ferney CH-1211 Geneva 2 www.internationaldisabilityalliance.org

ANNEX:

CRPD standards protecting the rights of children with disabilities in the context of business

With the entry into force of the CRPD came the important paradigm shift from the outdated medical model of disability, to a human rights and social approach. Several rights of the CRPD uphold the right to health of children and adolescents with disabilities:

. Articles 4 & 5 – General obligations; equality and non-discrimination States Parties shall prohibit all discrimination on the basis of disability and guarantee to children and adolescents with disabilities equal and effective enjoyment and exercise of their rights and legal protection against discrimination on all grounds by both public and private actors, including by taking all appropriate measures to eliminate discrimination on the basis of disability by any person, organisation or private enterprise. . Article 7 – Children with disabilities States Parties must take all necessary measures to ensure to children with disabilities the full enjoyment of all human rights and fundamental freedoms on an equal basis with other children. The best interests of the child shall be a primary consideration in all actions concerning children and this principle should be equally applied to children with disabilities. This means that in assessing the best interests of the child, children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realise this right. Having a disability should not diminish the weight given to the child’s views in determining their best interest, even in the face of the opinion of professionals and industry actors (such as the medical and pharmaceutical industry). The principle of best interest must be applied strictly keeping in mind the best interest of the child or children with disabilities over other possible interests at stake given that children with disabilities as a group have commonly been marginalised by policies and prescriptions which yield to the interests of others over their own. . Article 25 - Right to health Article 25 on the right to the enjoyment of the highest attainable standard of health guarantees that children and adolescents with disabilities have the right to the same range, quality and standard of free or affordable health care and programmes as provided to others, with the same range of choices and alternatives, on the basis of free and informed consent, including through the provision of accommodations and support. Article 25 makes explicit reference to the requirement for health professionals to provide care of the same quality to children with disabilities as to others, by raising awareness of the human rights and needs of children and adolescents with disabilities through training and promulgation of ethical standards for public and private healthcare; and the prohibition of discrimination against children with disabilities in the provision of health insurance and life insurance by public and private actors, which shall be provided in a fair and reasonable manner. The UN Committee on the Rights of Persons with Disabilities made an explicit recommendation in this respect for the State to “review its legal framework in order to ensure that insurance companies and other private parties do not discriminate against persons with disabilities”.16

16 CRPD Committee, Concluding Observations on Peru, CRPD/C/PER/CO/1, 20 April 2012, para 39(a) 10 IDA submission on the first draft of the CRC Committee’s General Comment on Child Rights and Business

. Article 24 – right to education Article 24 requires the State to ensure children with disabilities their right to inclusive education. The refusal of admission into private schools of children on the basis of their disability is a common occurrence in many countries which signals a failure on the part of the State to regulate the private education system to ensure inclusion of children with disabilities in the violation of Article 28, CRC and Article 24, CRPD. . Article 8 – Awareness-raising Article 8 requires States Parties to adopt immediate effective and appropriate measures to raise awareness throughout society, including at the family level, regarding children and adolescents with disabilities, and to foster respect for their rights, dignity and views by combating negative stereotypes, prejudices and practices harmful to the development of children and adolescents with disabilities, and the exercise and enjoyment of their rights. Awareness raising encompasses training programmes regarding the right of children and adolescents with disabilities for, inter alia, medical and health professionals, educators, judicial officers, and social services personnel. . Article 9 - accessibility & Article 21- freedom of expression and opinion, and access to information Article 9 specifically requires States to take appropriate measures to ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities. Whilst Article 21 requires States to urge private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities; and to encourage the mass media, including providers of information through the internet, to make their services accessible to persons with disabilities. These provisions require States Parties to take all appropriate measures to ensure that children and adolescents with disabilities can access on an equal basis with others and through all forms of communication of their choice.17 Articles 9 and 21 reinforce the independence and participation of children and adolescents with disabilities by ensuring that information and services is made accessible, hence for information to be available in different formats which respond to the needs of persons with disabilities; information in Braille or easy to read formats, availability of sign language interpreters in health and rehabilitation services and by providing appropriate training for medical professionals, educators, service providers and others to understand the rights of children and adolescents with disabilities, to foster respect for views and to ensure the provision of support for their choices, instead of curtailing them. The CRPD Committee recently issued a recommendation concerning accessibility which also obliges States to take action with respect to the actions of private actors; it urged the State party “to speed up the plans and programs directed to make public facilities, communications and public transportation, in the urban and rural areas, accessible for persons with disabilities and to ensure that private entities duly take into account all aspects of accessibility for persons with disabilities.”18

. Article 30- Participation in cultural life, recreation, leisure and sport Children and youth with visual impairments are denied their right to cultural life by being denied access to cultural materials on an equal basis with others due to States prioritising

17 As defined under Article 2 of the CRPD, communication includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology. 18 CRPD Committee, Concluding Observations on Peru, CRPD/C/PER/CO/1, 20 April 2012, para 21.

11 IDA submission on the first draft of the CRC Committee’s General Comment on Child Rights and Business the interests of business (publishing houses) by failing to permit copyright exceptions for the production of material in alternative formats. Article 30 requires States Parties to take all appropriate steps to ensure that laws protecting intellectual property rights do not constitute a discriminatory barrier to access by persons with disabilities to cultural materials. Furthermore, due to lack of accessible venues, equipment, environments, and information (such as playgrounds, sporting venues, games including electronic and web-based games) produced, constructed or provided by the private sector, children with disabilities are denied their right to participate in recreation, leisure and sport on an equal basis with others.

. Article 32 - International cooperation States Parties recognize the importance of international cooperation and its promotion, in support of national efforts for the realization of the rights of children with disabilities and should undertake appropriate and effective measures in this regard, between and among States and, as appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures should ensure that international cooperation and international development programmes, which includes investment by corporations, is inclusive of children and youth with disabilities and contributes to upholding their rights.