Innocenti Digest No. 13 PROMOTING THE RIGHTS OF CHILDREN WITH DISABILITIES Innocenti Digest No. 13 Promoting the Rights of Children with Disabilities 1 The opinions expressed are those of the authors and editors and do not necessarily reflect the policies or views of UNICEF. Front cover photo: © UNICEF/HQ05-1787/Giacomo Pirozzi Design and Layout: Gerber Creative, Denmark © 2007 The United Nations Children’s Fund (UNICEF) ISBN: 978-88-89129-60-9 ISSN: 1028-3528 Innocenti Digest No. 13 PROMOTING THE RIGHTS OF CHILDREN WITH DISABILITIES Acknowledgements The UNICEF Innocenti Research Centre in Florence, The Innocenti Research Centre is grateful to the Italy, was established in 1988 to strengthen the UNICEF Programme Division, to UNICEF country research capability of the United Nations Children’s and regional offices, and to the United Nations Fund and to support its advocacy for children Division of Economic and Social Affairs and the worldwide. The Centre (formally known as the World Health Organization, for their inputs and International Child Development Centre) helps to support in this cooperative undertaking. identify and research current and future areas of UNICEF Innocenti Research Centre gratefully UNICEF’s work. Its prime objectives are to improve acknowledges the support provided to international understanding of issues relating to the Centre by the Government of Italy and children’s rights and to help facilitate the full imple- specifically for this project by the Governments mentation of the United Nations Convention on the of Sweden and Switzerland. Rights of the Child in developing and industrialized countries. Innocenti Digests are produced by the Previous Innocenti Digest titles are: Centre to provide reliable and accessible informa- • Ombudswork for Children tion on specific child rights issues. • Children and Violence • Juvenile Justice The underlying research for this issue of the • Intercountry Adoption Innocenti Digest was carried out by Michael Miller. • Child Domestic Work It has been updated and completed by Peter Mittler • Domestic Violence against Women and Girls and David Parker. The Digest was prepared under • Early Marriage: Child Spouses the guidance of the Innocenti Research Centre’s • Independent Institutions Protecting Director, Marta Santos Pais. Children’s Rights • Birth Registration: Right from the start Thanks are extended to Nora Groce, Gulbadan • Poverty and Exclusion among Urban Children Habibi and Lena Saleh for their expert guidance • Ensuring the Rights of Indigenous Children and perspectives. This publication benefited • Changing a Harmful Social Convention: from the contributions of participants in an initial Female genital mutilation/cutting consultation held at UNICEF IRC including Tony Booth, Susie Burrows, Nigel Cantwell, Sunil For further information and to download or to Deepak, Gaspar Fajth, Maryam Farzanegan, order these and other publications, please visit Garren Lumpkin, Maura Marchegiani, Penny the website at <www.unicef-irc.org>. Mittler, Michael O’Flaherty, Richard Rieser, Flora Sibanda Mulder, Alan Silverman, Sheriffo Sonko, The Centre’s publications are contributions to a Marc Suhrcke, Illuminata Tukai, Renzo Vianello global debate on child rights issues and include and Christina Wahlund Nilsson. Significant a wide range of opinions. For that reason, the contributions, including comments on drafts, Centre may produce publications that do not were subsequently made by Naira Avetisyan, Nora necessarily reflect UNICEF policies or approaches Groce, Geraldine Mason Halls, Garren Lumpkin, on some topics. The views expressed are those Reuben McCarthy, Federico Montero, Kozue Kay of the authors and are published by the Centre in Nagata, Voichita Pop, Smaranda Poppa, Marta order to stimulate further dialogue on child rights. Santos Pais, Helen Schulte, Nicola Shepherd and Traian Vrasmas. The input of Nicola Shepherd in Extracts from this publication may be freely relation to the Convention on the Rights of Persons reproduced, provided that due acknowledgement with Disabilities is particularly acknowledged. is given to the source and to UNICEF. Research support was provided by Shaista Correspondence should be addressed to: Ahmed, Adam Eckstein, Virginia Dalla Pozza, UNICEF Innocenti Research Centre Monica Della Croce, Sarah Enright and Georg Piazza SS. Annunziata, 12 Stahl. Administrative support was provided by 50122 Florence, Italy Claire Akehurst. The IRC Communication and Tel: (39) 055 20 330 Partnership Unit is thanked for providing editorial Fax: (39) 055 2033 220 and production support for the document. Email: [email protected] Website: www.unicef-irc.org ii Promoting the Rights of Children with Disabilities Innocenti Digest No. 13 CONTENTS Executive Summary . iv 6 FOUNDATIONS FOR INCLUSION . 22 Editorial . vi Working with families . 22 Box 6.1: The Portage Model . 23 1 INTRODUCTION . 1 Box 6.2: Parent advocacy in Newham, London . 24 Promoting inclusion . 1 Working with communities . 24 Scope of this Digest . 1 Box 6.3: WHO programme on Box 1.1: Disability terminology . 2 disability and rehabilitation . 25 Community-based rehabilitation. 26 2 HOW MANY CHILDREN Box 6.4: Using local resources to WITH DISABILITIES?. 3 produce low-cost aids in Mexico and Box 2.1: Changing levels of disability in the Philippines . 26 CEE/CIS and the Baltic States . 4 From institutions to communities . 27 Towards inclusive schools and learning 3 DISABILITY AND INCLUSION . 5 environments . 27 The ’social model’ of disability . 5 Box 6.5: Bulgaria’s National Social Disability and poverty . 5 Rehabilitation Centre . 28 Box 6.6: Inclusive schooling in Italy: 4 INTERNATIONAL STANDARDS A pioneering approach . 29 AND MECHANISMS . 7 Box 6.7: Uganda: An example of Convention on the Rights of the Child . 7 inclusive planning . 29 Box 4.1: Human rights instruments and Training teachers for inclusive education . 30 high-level decisions reinforcing the rights Box 6.8: Empowering teachers in Lesotho . 30 of persons with disabilities . 8 Involving children with disabilities . 31 Other international human rights instruments and decisions . 9 7 ENSURING A SUPPORTIVE UN Standard Rules on the Equalization of ENVIRONMENT . 32 Opportunities for Persons with Disabilities . 9 Local governance . 32 Box 4.2: Work of the UN Special Rapporteur Laws and policies . 32 on Disability. 10 Box 7.1: Nicaragua: Coordination promotes Convention on the Rights of Persons the rights of children with disabilities . 33 with Disabilities . 10 Box 7.2: Raising disability awareness Article 7: Children with disabilities . 11 in the Maldives . 34 Article 24: Education . 11 “Nothing about us without us” . 34 Article 32: International cooperation . 11 Changing attitudes . 34 Monitoring implementation of the Convention . 12 Budget allocations and priorities . 34 Implementation at national level: Next steps . 12 Box 7.3: Monitoring human rights Millennium Development Goals . 13 violations and abuse against persons Box 4.3: Millennium Development Goals. 13 with disabilities . 35 Monitoring . 35 5 HUMAN RIGHTS OF CHILDREN WITH International and regional partnerships . 35 DISABILITIES TODAY . 14 Global review of the rights of children 8 CONCLUSIONS . 38 with disabilities by the UN Committee on the Rights of the Child . 14 Notes . 39 Confronting discrimination . 14 Links . 44 Box 5.1: Disability and gender . 15 Convention on the Rights of Access to health, rehabilitation and Persons with Disabilities . 51 welfare services . 15 Optional Protocol to the Convention on Access to education . 16 the Rights of Persons with Disabilities . 66 Institutionalization and lack of appropriate care . 17 Protection from violence, exploitation and abuse . 19 Disability in conflict and emergency situations . 19 Box 5.2: Landmines cause disability in Angola . 20 Participation and access to opportunities . 20 Innocenti Digest No. 13 Promoting the Rights of Children with Disabilities iii EXECUTIVE SUMMARY Children with disabilities and their families constantly with disabilities and provides a framework for ensur- experience barriers to the enjoyment of their basic ing that those rights are realized. human rights and to their inclusion in society. Their abilities are overlooked, their capacities are underesti- Understanding barriers to inclusion mated and their needs are given low priority. Yet, the barriers they face are more frequently as a result of The social model of disability acknowledges that ob- the environment in which they live than as a result of stacles to participation in society and its institutions their impairment. reside in the environment rather than in the individu- al, and that such barriers can and must be prevented, While the situation for these children is changing for reduced or eliminated. the better, there are still severe gaps. On the positive side, there has been a gathering global momentum Environmental obstacles come in many guises and over the past two decades, originating with persons are found at all levels of society. They are reflected with disabilities and increasingly supported by civil in policies and regulations created by governments. society and governments. In many countries, small, Such obstacles may be physical – for example barri- local groups have joined forces to create regional or ers in public buildings, transportation and recreational national organizations that have lobbied for reform facilities. They may also be attitudinal – widespread and changes to legislation. As a result, one by one underestimation of the