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Comprehensive and integral international convention
to promote and protect the rights of persons with disabilities
Meeting of the Ad Hoc Committee, 16 - 27 June 2003 : NGO Bulletins : Disability Negotiations Bulletin
Volume 2, No. 7 - June 24, 2003
Today's Weather
Mostly Sunny
High: 87° F
Low: 67° FAd Hoc Committee Meeting
Today's Schedule
10 AM - 1 PM
Next steps in the consideration of a convention Informal consultations
3 PM - 6 PM
Informal consultations
Plan to attend the luncheon briefing on
Children with Disabilities and the Development of a Human Rights Convention for Persons with Disabilities
24 June 2003, 1-3 PM
UN Secretariat Building, Room A (NGO Caucus Room, basement level)See bulletin insert for details.
All are welcome to attend.
Protest UN Human Rights Violations Against People with Disabilities in Kosovo Mental Disability Rights International (MDRI) has documented human rights abuses in institutions under UN authority (See report at www.MDRI.org). While there have been improvements since we released our report, the following problems remain:
- People are arbitrary detained in psychiatric facilities without legal rights;
- Humanitarian relief funds being used to rebuild institutions that will segregate them from society;
- The UN plans to dump ethnically-Serbian patients from Kosovo into potentially worse facilities in Serbia.
We are meeting with UN Peacekeeping Officials on Tuesday, June 24, to register our concerns. If you would like to join the meeting or lend your organizations support, please contact Eric Rosenthal at (202) 361-9195 or erosenthal@mdri.org.
There are approximately 2 billion children in the world and it is conservatively estimated as many as 100 million have disabilities. Armed conflicts and political violence contribute heavily to disability. They are now the leading causes of injury, impairment, and physical disability in children. Only 3% of children with disabilities as a result of war receive any rehabilitative care. General Discussion on The Rights of Children With Disabilities, UN Document CRC/C/66, Annex V.
In developing countries nearly 12 million children under five die each year, mostly from preventable diseases. Over 70 per cent of these deaths are caused by diarrhea, acute respiratory infections, malaria, measles, complications immediately before or after birth, and malnutrition.
In Tanzania disabled people are welcome at school: The primary school of Dar Es Salaam is the first one in the country to welcome disabled pupils. According to UNESCO, less than 1% of children having special needs succeed to enter educational system in developing countries. "Next Steps: The Ball is Rolling!"
Late on Monday afternoon, NGOs were made aware that the extraordinary efforts of the Bureau and the Secretariat had paid off! We were delighted to learn that the anxiously awaited "Compilation Document" had arrived.
NGOs, and the Disabled People from around the world that we are here in New York to represent, salute the energy and dedication of both the Bureau and the Secretariat, without whom this important achievement would not have been possible. You have our gratitude, and our commitment to work hand in hand with you to make this important advancement only the first that we hope to witness here, during this, the second session of the Ad Hoc Committee.
In discussions with delegates over the past few days we have been made aware that one of the options for a "way forward" is the establishment of a working group of some type. Many of the delegations have suggested that the function of such a working group would be to develop a compilation document as the next step in the process.
With the welcome introduction of the Compilation Document, we under-stand that some governments have suggested that there is now no need to establish the working group that has been under discussion the last several days. This is certainly one way forward. NGOs have no preference as to the mechanism for the drafting of a convention, save to say that whatever process is selected must ensure continued meaningful NGO participation.
The Ad Hoc Committee worked long and hard at its first session to establish the primacy of NGO participation and, this having been agreed upon by delegates, we see no need to revisit the issue during this, the second session of the Ad Hoc Committee. No matter which approach the Committee adopts, we look forward in what remains of this session to a final decision on the next step in the process through which the convention will be elaborated.
The Convention on the Rights of the Child and NGO Participation
Kirsten Young
The Convention on the Rights of the Child provides valuable precedent for NGOs working in the disability convention development process, both with respect to substance and process during negotiations and after adoption of the Convention.
NGOs had a direct and indirect impact on the Convention on the Rights of the Child that is, to date, without parallel in the history of drafting international instruments (see below for a list of articles). To improve the impact of NGOs, an "NGO Consultation" in 1983 was convened, with logical assistance from UNICEF. Over 20 NGOs were represented, and it was agreed that the NGOs interested in working on the draft Convention should form an Ad Hoc Group to deal with two major defects in the process: a) lack of preparedness, and b) lack of a coherent NGO stand.
The NGO Ad Hoc Group agreed on a series of joint proposals, which were submitted to the government delegates. For the remainder the process, the NGO Ad Hoc Group submitted annual reports to the Working Group, setting out and explaining their proposals and concerns. The NGOs also held briefing sessions for government representatives, and produced materials and organized meetings to arouse awareness about the Convention. In 1987, the NGO Ad Hoc Group joined with UNICEF to promote the objective of having the Convention ready for adoption by the UN in 1989.
The Convention was ratified with unprecedented speed and has 191 states parties as of November 2002. The Convention has a broad coverage of rights: civil, political, economic, cultural and social (referred to as a holistic rights-based model).
It is the only UN human rights treaty to dedicate a specific article to disability (Article 23). To further enhance its implementation of a deeper understanding of the content and implications of the guarantees provided in Article 23, the Committee held a public "discussion day" in 1997 on children with disabilities.
As a result of the discussion day, a working group on the rights of disabled children was established. It is composed of Committee members, as well as experts from the NGO community, including Bengt Lindquist.The following is a list of articles that the NGOs were basically responsible for their inclusion: article 9, paras. 3 and 4 (Parental care/Non separation from parents); article 24, para. 3 (Health and access to care); article 28 (Education); article 29, para. 1(d,e) (Objectives of education); article 34 (Protection of sexual exploitation) article 35 (Prevention of abduction, sale or traffic of children); article 37 (torture/capital punishment), article 38, para. 4 (armed conflicts); article 39 (physical and psychological recovery and social re-integration); article 41 (other more favourable provisions); article 42 (Dissemination of the principles and provisions of the Convention); and article 44, para. 6 (Reports from States parties). The following is a list of articles in which NGOs had a direct impact on their formulation, form or content: article 8 (Preservation of identity); article 13 (Freedom of expression and information); article 16 (privacy, honor, reputation); article 19 (prevention of abuse by those having care); article 20, para. 3 (special protection for parentless children); article 23 (children with disabilities); article 25 (periodic review of placed children); article 2, paras. 3 and 4 (Standard of living); article 29 (Objectives of education); article 32 (Protection from economic exploitation); article 33 (Protection from narcotic and psychotropic substances); article 40 (Treatment in penal matters); and article 45 (Methods of work of the Committee).
Department for International Development (DFID), government department, UK:
"In India, the state government of Andhra Pradesh is supporting the inclusion of children with disabilities and special needs in mainstream schools .Following assessments, an individual education programme is prepared by the team for every child with a disability. Teachers are then prepared and sensitized to the needs of the children in question through focused training programmes. Free aids (mobility, hearing etc.) are also provided where required."
"Through this pilot project [serving 30-40 schools], children with disabilities share their classes with children who have no disabilities, and are therefore included in mainstream school life. Children without disabilities are themselves increasingly aware of the capabilities and potential of their fellow students. The pilot project will therefore have a two-fold benefit: providing an education for children with disabilities while challenging stigma and negative stereotypes too often attached to these children."
Department for International Development (DFID), government department, UK:
"Uganda has adopted a Universal Primary Education (UPE) policy which provides free primary education to four children per family. It is specified in the policy that at least two of the children should be girls (where there are girls) and any children with a disability. The law states that children with disabilities take priority, on the assumption that parents are less likely to pay for them or for girls than for boys who do not have a disability."
Department for International Development (DFID), government department, UK:
"Inclusive Education [recognizes that] educational and developmental needs of children with disabilities are more likely to be fulfilled by their inclusion into mainstream schooling systems .A rights-based approach to education is consistent with providing support to the inclusion rather than to the segregation of children with a disability at school. [Inclusive Education] is part of a larger movement towards tackling social exclusion; it seeks to include children on the margins of society, street and working children, excluded minorities .International development organizations have a role to play in engaging in policy dialogue with partner countries with a view to ensuring that appropriate legal and policy frameworks for inclusive education are developed."
Supporting Organizations
American Association of People with Disabilities
American Council of the Blind
Center for International Rehabilitation
China Disabled Persons' Federation
ouncil of Canadians with Disabilities
Disabled Peoples' International
European Disability Forum
Inter-American Institute on Disability
Landmine Survivors Network
Mental Disability Rights International
People Who
Rehabilitation International
Support Coalition International
United States International Council on Disabilities
World Blind Union
World Institute on Disability
World Network of Users and Survivors of Psychiatry
World Bank Supports Growth of Inclusive Education in Brazil
Excerpt from Disability World (www.disabilityworld.com)
April 17, 2003 - The World Bank is working with the Brazilian government to include disabled children in the regular educational system. This is critical to ensure that all children are part of the mainstream of their communities and are all benefiting equally from the same curriculum and instruction.
"A cornerstone in Brazil's economic and social development has to embrace all Brazilians, especially disabled children who can escape lives of poverty and blunted opportunity by getting the education that others in the community take for granted," said Vinod Thomas, World Bank Country Director for Brazil. "Education is key for disabled children to develop their full potential and to grow into tomorrow's empowered and productive citizens." Efforts to educate disabled students are often hampered by negative social attitudes from all levels. Of the world's 600 million disabled people, some 400 million are from developing countries. It is estimated that disability affects at least 10 percent of the world population. According to UNICEF, only 2 percent of disabled children are in school.
The value of bringing special education and inclusive education programs together is that it helps also bring communities together. If teachers have experience working with disabled children then it enhances the performance of all children in class. It also teaches children the value of diversity, and that we are all different. It is also important for disabled children to be exposed to disabled professionals. As disabled children in developing countries grow up with few options, they can seek out mentors. The issue of inclusive education is one of the present and of the future.
Children with disabilities: integration or "special settings"?
Excerpt from Disability World www.disabilityworld.com
by Kay Schriner (kays@uark.edu)The children of Viet Nam are a major concern. Many Vietnamese children were disabled because of Agent Orange and unexploded landmines and UXO. There are a total of about 1,000,000 children with disabilities under the age of 14 throughout Viet Nam, though not all these children were disabled by war-related causes. In Quang Tri province alone, there are 6,800 children and youth with disabilities. Now, the Vietnamese government and its people are making difficult choices about educating and treating these children. Should this be done in integrated settings? Or would children and youth with disabilities fare better in a "special" environment, without much interaction with mainstream society?
Two Vietnamese experts argue that integration and empowerment are what's needed for the country's disabled children. Nguyen Thi Oanh, a psychologist, says that integration into mainstream society is critical to ensuring that they will be able to live independently later on. "Special" treatment can make kids with disabilities feel helpless, and they may become completely dependent on those who help them. Oanh says "Rather than just offering disabled people income support, we've got to give them the confidence to live independently. The best way to do this is by providing proper education and equipping them with life skills." Dr. Trinh Duc Duy, who directs the Centre for the Education of Disabled Children, feels the same way. Dr. Duy wants to see children with disabilities educated in regular schools when they reach preschool age. Learning and playing with nondisabled kids will be of more help in the long run than putting disabled kids into special schools where they won't be exposed to the real world. The Centre for the Education of Disabled Children has implemented its model in schools in Ha Tay, Vinh Phuc, Quang Ninh, and Tien Giang. About 80 percent of the kids with disabilities in those provinces now attend school.
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