Human Rights Disability Children

This publication contains the proceedings of a Council of Europe conference, held in Strasbourg in November 2004, which reviewed current Council of Europe instruments designed to promote and protect the rights of people with disabilities. It focuses on the right of children with disabilities to grow up within a family and in a community context, and the need to end the institutionalisation of children with disabilities.

The United Nations Convention on the Rights of Persons with Disabilities is the only UN treaty to date in which the people who are its target, that is disabled people, were actively involved in its drafting and the only one which requires the active participation of disabled people in its implementation. This does not, of course, automatically guarantee the direct participation of all disabled people. This is especially so for children with disabilities, whose status as legal minors may inhibit them from participating in decisions affecting their lives. This book focuses on the participation rights of the disabled child with regard to health, education, homelife and relationships, highlighting ways in which these rights are safeguarded and promoted throughout the EU, as well as exploring the factors that put these rights at risk. Finally, this groundbreaking text analyses whether disabled children’s needs for assistance in order to realise their participation rights results in fewer opportunities to participate or in an increase in support in order for them to be able to do so.

This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

This book recognizes the importance of an informed cross-cultural understanding of the policies and practices of different societies within the field of disability, human rights and education. It represents an attempt to critically engage with issues arising from the historical and contemporary domination of portrayals of 'the western' as advanced, democratic and exemplary, in contrast to the construction of the 'rest of the world' as backward, primitive and inferior in these fundamental areas. How human rights are understood in different contexts is a key theme in this book. Importantly, some contributors raise questions about the value of a 'human rights' model across all societies. Other contributors see the struggle for human rights as at the heart of the struggle for an inclusive society. The implications for education arising from this debate are identified, and a series of questions are raised by each author for further reflection and discussion as well as providing a stimulus for developing future research. Disability, Human Rights and Education is recommended reading for students and researchers interested in Disability Studies, inclusive education and social policy. It is also directly relevant to professionals and policy makers in the field seeking a greater understanding of cross-cultural perspectives.

"The UN Convention on the Rights of Persons with Disabilities" represents the culmination of years of advocacy by the disability community in their struggle for recognition of their rights. "See Me, Hear Me" is the first book to look at how this Convention can be used to support disabled children, alongside the UN Convention on the Rights of the Child. This guide's analysis of the inter-relationship of the two Conventions, together with practical guidance on advocacy strategies and illustrations of good practice, make it an invaluable tool for child and disability rights advocates. It is also an essential resource for governments in interpreting and implementing the two Conventions. "See Me, Hear Me" includes: a detailed table giving an overview of the relationship between individual articles of the two Conventions; close analysis of the rights of children with disabilities - as set out in the two Conventions - in key areas like education, family life, health, and protection; tips for advocacy work in each of these areas of children's rights; a historical overview of disability rights and the development of the Convention on the Rights of Persons with Disability; and, the full text of the "UN Convention on the Rights of Persons with Disabilities".

This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship.

Human Rights and Disability Advocacy brings together perspectives from civil society representatives who played key roles in the drafting of the Convention on the Rights of Persons with Disabilities, shedding light on the emergent practices of a "new diplomacy" and the larger enterprise of human rights advocacy at the international level.