Article 23: Children with disabilities

Overview of Article 23

Although UN Declarations in the 1970s affirmed their equal civil and political rights, it was not until the adoption of the CRC in 1989 that a reference to disability rights was formally embodied in a human rights treaty [1-3].  Article 2 of the CRC includes reference to disability as a ground for protection from discrimination, and Article 23 provides a dedicated focus on the rights of children with disabilities. The text of Article 23 seeks to achieve a number of objectives: to afford recognition that children with disabilities should be able to enjoy a decent life with full participation in the community; to recognise their right to special services necessitated by virtue of their disability; to ensure that children with disabilities have access to education, health care, rehabilitation, preparation for employment and recreation, free of charge subject to the financial resources of parents, to enable them to achieve the fullest possible integration and development; and to promote international cooperation. It is important, however, when addressing the rights of children with disabilities, that States consider their rights in respect of the CRC in its entirety, and not simply in respect of Article 23 [4].

Since the adoption of the CRC, the rights of persons with disabilities, including children, have subsequently been significantly enhanced beyond the provisions of the CRC, with the elaboration of the Standard Rules for the Equalization of Opportunities for Persons with Disabilities in 1993, and, most importantly, with the adoption by the United Nations General Assembly (UNGA) in 2006 of the Convention on the Rights of Persons with Disabilities (CRPD). This comprehensive treaty, which applies equally to children, represents a paradigm shift in the attitudes and treatment of persons with disabilities from seeing them as objects of charity to subjects of rights. It recognises that persons with disabilities include those ‘who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others [5].  Accordingly, whereas Article 23 identifies the need to provide services to address and help mitigate children’s disabilities, the CRPD addresses the need to remove the barriers that serve to deny those with disabilities from equal and inclusive participation without discrimination. This human rights based approach has been adopted and reinforced by the Committee on the Rights of the Child, which has also consistently recommended ratification and implementation of the CRPD [4, 6, 7]. However, the continued inclusion of Article 23 within the health and welfare cluster of the reporting guidelines maintains its characterisation as a medical or welfare issue rather than an issue of discrimination [8].

Core attributes of Article 23

The core attributes of Article 23 are:

• Inclusive environments to promote dignity, independence and participation
• Access to targeted assistance and services
• International cooperation

Each of these attributes can be measured in terms of structural or process implementation or in terms of outcomes achieved through implementation as outlined in the table below. Some indicators, for instance the structural ones, may be common to all attributes. Others are common to two or more attributes, while some indicators may be relevant to one attribute only. An attempt has been made to balance the use of objective and subjective data indicators as well as qualitative and quantitative ones.

What did children say?

These are some ideas that children from around the world shared with us during the Global Child Rights Dialogue (GCRD) project:

Relevant provisions within the SDGs

1. Goal 4: Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.
   • Target 4.5 By 2030, eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations.
   • Target 4.a Build and upgrade education facilities that are child, disability and gender sensitive and provide safe, non-violent, inclusive and effective learning environments for all[9].
2. Goal 10: Reduce inequality within and among countries.
   • Target 10.3 Ensure equal opportunity and reduce inequalities of outcome, including through eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and actions in this regard.
3. Goal 11: Make cities and human settlements inclusive, safe, resilient and sustainable.
   • Target 11.2 By 2030, provide access to safe, affordable, accessible and sustainable transport systems for all, improving road safety, notably by expanding public transport, with special attention to the needs of those in vulnerable situations, women, children, persons with disabilities and older persons.
   • Target 11.7 By 2030, provide universal access to safe, inclusive and accessible, green and public spaces, in particular for women and children, older persons and persons with disabilities

Potential sources of data for users of the indicators sets

• Departmental data
• National constitution and legislation
• National surveys and census data
• Primary research by National Human Rights Institutions for Children
• Primary research by universities and NGOs
• School data, EMIS
• UNICEF MICS

References used for the overview

1. United Nations Office of the High Commission for Human Rights. (1971). Declaration on the Rights of Mentally Retarded Persons. Retrieved from https://www.ohchr.org/EN/ProfessionalInterest/Pages/RightsOfMentallyRetardedPersons.aspx
2. United Nations Office of the High Commissioner for Human Rights. (1975). Declaration on the Rights of Disabled Persons. Retrieved from https://www.ohchr.org/EN/ProfessionalInterest/Pages/RightsOfDisabledPersons.aspx
3. United Nations General Assembly. (1948). The Universal Declaration of Human Rights. (See Article 25 which also included reference to the right to security in the context of unemployment, sickness or disability). Retrieved from https://www.un.org/en/universal-declaration-human-rights/
4. United Nations Committee on the Rights of the Child. (2007). General Comment, No.9, The rights of children with disabilities (CRC/C/GC/9), (para. 5). Retrieved from https://www.refworld.org/docid/461b93f72.html
5. United Nations General Assembly. (2006). Convention on the Rights of Persons with Disabilities (Article 1). Retrieved from https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html
6. United Nations Committee on the Rights of the Child. (2009). Concluding observations: The Philippines (CRC/C/PHL/CO/3-4), (para. 54). Retrieved from the United Nations Office of the High Commissioner for Human Rights website https://www2.ohchr.org/english/bodies/crc/docs/co/CRC-C-PHL-CO4.pdf
7. United Nations Committee on the Rights of the Child. (2010). Concluding observations: Tajikistan (CRC/C/TJK/CO/2),(para 51). Retrieved from the United Nations Office of the High Commissioner for Human Rights website https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fTJK%2fCO%2f2&Lang=en
8. United Nations Committee on the Rights of the Child. (2005). General guidelines regarding the form and content of periodic reports to be submitted by States Parties under Article 44, (1) (b) of the Convention, Adopted by the Committee at its 39^th Session, 2005. Retrieved from the United Nations Digital Library website https://digitallibrary.un.org/record/575788
9. The International Organization for Standardization (ISO) 21542:2011 standards on accessibility and usability of the built environment can be used as guidance for the school building(s): International Organization for Standardization. (ISO). ISO 21542:2011, Building construction – Accessibility and usability of the build environment. Retrieved from https://www.iso.org/standard/50498.html

References used to create indicators

• Bridging the Gap & Fundamental Rights Agency (2019) CRPD indicators (once finalized). Retrieved from https://bridgingthegap-project.eu/crpd-indicators/
• Fundamental Rights Agency. (2014). Human rights indicators on Article 19 of the CRPD. Retrieved from https://fra.europa.eu/en/project/2014/rights-persons-disabilities-right-independent-living/indicators
• Larsen, F.M.G. (2015). The Gold Indicators, Measuring the progress of implementation of the United Nations Convention on the Rights of Persons with Disabilities (2nd ed.). Copenhagen, Denmark: Danish Institute for Human Rights. Retrieved from https://www.humanrights.dk/publications/gold-indicators
• Lawson, A. & Priestley, M. (2009). Monitoring the Implementation of the UN Convention on the Rights of Persons with Disabilities in Europe: Principles for the Identification and Use of Indicators. Academic Network of European Disability experts (ANED). Leeds, United Kingdom: University of Leeds. Retrieved from https://www.disability-europe.net/downloads/49-aned-2008-task-5-monitoring-un-convention-report-final-version
• Payne, A.M. & Schaefer, L. (2010). Human Rights Measurement Framework: EHRC/SHRC Specialist Consultation on Selection of Indicators, Long-list of Indicators and Measures. Retrieved from http://personal.lse.ac.uk/prechr/hrmf/HRMF_longlist_of_indicators_and_measures.pdf
• United Nations Committee on the Rights of Persons with Disabilities. (2016). CRPD General Comment No.4 (2016), Article 24: Right to inclusive education (CRPD/C/GC/4). Retrieved from https://www.refworld.org/docid/57c977e34.html
• United Nations Department of Economic and Social Affairs, et al. (2015). Disability indicators for the SDGs. UN DESA/DSPS/Secretariat for the Convention on the Rights of Persons with Disabilities, with contributions and support from the World Health Organization. Retrieved from https://www.un.org/disabilities/documents/disability_indicators_oct2015.docx
• United Nations General Assembly. (2015). Sustainable Development Goals. Retrieved from https://sustainabledevelopment.un.org/?menu=1300
• UNICEF. (2007). Implementation handbook for the Convention on the Rights of the Child (Fully rev. 3rd ed.). Geneva, Switzerland: UNICEF.

Glossary/key words

Accessibility
“Ensuring that persons with disabilities have access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas (CRPD, Article 9)” (UN Disability Inclusion Strategy, 2019).

Community-based support services
Community-based care refers to support programs administered by governments as well as non-governmental organizations, religious groups, or community-based organizations (CBO’s) that typically enable children to remain in family-based care environments. Such support might include, for example, day care, respite care, mediation and conciliation services, substance abuse treatment, financial assistance, and services for parents and children with disabilities, youth services, home visits (UN General Assembly, 2010).

Deinstitutionalisation
“The process of deinstitutionalisation of the child care system refers to a shift in provision of services from institutional to community based, focusing on the integration of children into communities and wider society to avoid segregation and social exclusion”. It involves the closure of large scale institutions for children and their replacement with family based alternatives (Employment, Social affairs and Inclusion, European Commission, 2018).

Inclusion
Inclusion is the process of taking necessary steps to ensure that every child is given an equality of opportunity to develop socially, to learn and to enjoy community life. Promoting inclusion necessitates the removal of the barriers (including physical, communication, transport, legislation and policy, attitudinal and cultural barriers) to enable opportunities to participate in society on an equal basis with others. Inclusive education is where students of all abilities learn together in the same classroom environment. This means students with and without disabilities. It involves creating an education system where everyone can learn together and have their individual needs met.

Reasonable accommodation
“‘Reasonable accommodation’ means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to children with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms” (UN DESA, n.d.).

Universal design
“‘Universal design’ means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. ‘Universal design’ shall not exclude assistive devices for particular groups of persons with disabilities where this is needed” (UN DESA, n.d.).

Article 23 Indicator Tables

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