IV. CONCLUDING OBSERVATIONS, CONTINUED


ICCPR

 

          Israel, ICCPR, A/58/40 vol. I (2003) 64 at para. 85(8).

 

(8) The Committee welcomes legislation adopted by the State party in respect of persons with disabilities, in particular the enactment of the Equal Rights for People with Disabilities Law (1998). It expresses the hope that those areas where the rights of disabled people, acknowledged by the delegation as not being respected and requiring further improvements, will be addressed as soon as possible.


 

          Greece, ICCPR, A/60/40 vol. I (2005) 60 at para. 90(5).

 

(5) The Committee welcomes the recent adoption by Parliament of a law on the implementation of the principle of equal treatment irrespective of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation.



ICESCR

 

          Jamaica, ICESCR, E/2002/22 (2001) 130 at paras. 933 and 946.

 

933. The Committee is concerned that the social security scheme of the State party does not provide for universal coverage and that it excludes a considerable portion of the disadvantaged and marginalized groups in society, including older persons, single parents and persons with disabilities. The Committee expresses particular concern about the declining expenditure on social security and that the system does not sufficiently address the needs of a rapidly ageing population.

...

946. The Committee recommends that the State party strive for universal coverage of the social security system in Jamaica, giving priority to the disadvantaged and marginalized groups in society. In particular, the Committee strongly recommends the formulation and implementation of strategies to ensure adequate coverage for the population group eligible for retirement benefits. The Committee encourages the State party to explore the possibilities of international cooperation in this regard as provided for under article 2, paragraph 1, of the Covenant.




 

          Czech Republic, ICESCR, E/2003/22 (2002) 25 at paras. 87 and 107.

 

87. The Committee is...concerned about the inadequacy of measures to ensure a decent life for persons with disabilities, including the mentally ill.

...

107. The Committee recommends that the State party adopt effective measures to ensure more appropriate living conditions for persons with disabilities...


 

          Ireland, ICESCR, E/2003/22 (2002) 29 at paras. 128, 129, 135, 139, 140 and 148.

 

128. The Committee regrets that the Disability Bill does not adopt a human rights-based approach, as recommended in its previous concluding observations. Moreover, the Committee regrets that section 47 of the Disability Bill contains a clause purporting to remove the rights of people with disabilities to seek judicial redress if any of the Bill's provisions are not carried out.

 

129. The Committee is concerned about the persistence of discrimination against persons with physical and mental disabilities, especially in the fields of employment, social security benefits, education and health. The Committee is particularly concerned that people with disabilities, including those working in sheltered workshops, do not have the status of employees and therefore do not qualify for the minimum wage arrangements; if, however, they do benefit from minimum wage arrangements, they are liable to lose their rights to free medical care.

...

135. The Committee is concerned that a large number of persons with mental disabilities whose state of health would allow them to live in the community are still accommodated in psychiatric hospitals together with persons suffering from psychiatric illnesses or problems, despite efforts by the State party to transfer them to more appropriate care settings.

...

139. The Committee strongly recommends that the State party adopt a human rights-based approach in the Disability Bill. In particular, the Committee recommends that the clause in section 47 of the Disability Bill, which purports to deny people with disabilities the right to judicial redress, be removed.

 

140. The Committee recommends that the State party conduct and complete as soon as possible a thorough review of the sheltered workshops for the disabled and consider adopting measures, legislative or otherwise, allowing people with disabilities to work with full employment status and to retain the right to free medical care.

...

148. The Committee reiterates the recommendation it made in 1999 that the State party speed up the process of transferring persons with mental disabilities who are not suffering from serious psychiatric illness and who are still living in psychiatric hospitals, to more appropriate care settings.


 

          United Kingdom of Great Britain and Northern Ireland, ICESCR, E/2003/22 (2002) 39 at paras. 217, 221 and 234.

 

217. The Committee is concerned about the persistence of de facto discrimination in relation to some marginalized and vulnerable groups in society, especially ethnic minorities and persons with disabilities, in various fields, including employment, housing and education. The Committee regrets the unwillingness of the State party to adopt comprehensive legislation on equality and protection from discrimination, in accordance with article 2, paragraph 2, and article 3 of the Covenant.

...

221. The Committee reiterates its concern about the persistence of considerable levels of poverty, especially in certain parts of the country, such as Northern Ireland, and among certain sections of the population, such as ethnic minorities, persons with disabilities and older persons. Moreover, despite measures taken by the State party to combat poverty and social exclusion, the gap between the rich and poor in the State party has increased, according to information provided by the State party...

...

234. The Committee urges the State party to take more effective steps to combat de facto discrimination, in particular against ethnic minorities and people with disabilities, especially in relation to employment, housing and education. The Committee strongly recommends that the State party enact comprehensive legislation on equality and non-discrimination in British law, in conformity with article 2, paragraph 2, and article 3 of the Covenant.


 

           Poland, ICESCR, E/2003/22 (2002) 54 at para. 351.

 

351. The Committee...welcomes the adoption in 1997 of the Charter of Disabled Persons' Rights, as well as the entry into force in 1998 of the Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities of 27 August 1997.


 

          Georgia, ICESCR, E/2003/22 (2002) 59 at paras. 422 and 439.

 

422. The Committee expresses concern about the poor living conditions of the majority of the State party's population, including an inadequate supply of water and irregular provision of electricity and heating, which particularly affect the most disadvantaged and marginalized groups of society, such as older persons, persons with disabilities, internally displaced persons, prisoners and persons living in poverty.

...

439. The Committee urges the State party to continue its efforts to improve the living conditions of its population, in particular by ensuring that the infrastructure for water, energy provision and heating is improved, and by paying priority attention to the needs of the most disadvantaged and marginalized groups of society, such as older persons, persons with disabilities, internally displaced persons, prisoners and persons living in poverty.


 

          Estonia, ICESCR, E/2003/22 (2002) 68 at para. 492

 

492. The Committee welcomes the measures undertaken to protect the rights of persons with disabilities, including the introduction of a social welfare scheme to cover additional expenses incurred due to disability.


 

          Luxembourg, ICESCR, E/2004/22 (2003) 24 at paras. 79 and 91.

 

79. While noting the measures taken by the State party to integrate persons with disabilities into the labour market, the Committee is concerned that the draft law (No. 4827), introduced on 27 July 2001 regarding the integration of persons with disabilities into the labour market, has still not been adopted.

...

91. The Committee recommends that the State party accelerate the adoption of draft law No. 4827 regarding the integration of persons with disabilities into the labour market.


 

          Brazil, ICESCR, E/2004/22 (2003) 28 at paras. 128 and 153.

 

128. The Committee notes with concern that equal opportunity for persons with disabilities is hampered by physical barriers and lack of appropriate facilities.

...

153. The Committee urges the State party to adopt concrete measures to enable persons with disabilities to enjoy fully the rights guaranteed by the Covenant.


 

          Iceland, ICESCR, E/2004/22 (2003) 39 at paras. 224 and 233.

 

224. While taking note of the measures undertaken by the State party to promote access to employment and improve the working environment for persons with disabilities, the Committee is concerned about the lack of disaggregated statistical data on people with disabilities in employment in its third periodic report as well as in the dialogue with the State party’s delegation.

...

233. The Committee urges the State party to continue its efforts to implement current policies and programmes aimed at improving access to employment and improving the working conditions of people with disabilities...


 

          Israel, ICESCR, E/2004/22 (2003) 42 at paras. 260 and 276.

 

260. The Committee is concerned that in spite of the enactment of the Equal Rights for People with Disabilities Law in 2000, the majority of its provisions have not been implemented. The situation is aggravated for persons with disabilities from the Arab sector.

...

276. The Committee urges the State party to undertake effective measures to combat discrimination against persons with disabilities, especially by providing access to public facilities and promoting access to basic services and employment, with particular attention to persons with disabilities from the Arab sector.


 

          Republic of Moldova, ICESCR, E/2004/22 (2003) 49 at paras. 311 and 333.

 

311. The Committee is concerned about the large number of children placed in institutions, especially those with slight mental disabilities...

...

333. The Committee recommends that the State party strengthen its efforts to reduce the number of children living in institutions, including by strengthening family support measures and by developing alternative forms of family care. The State party should ensure that children in institutions as well as all other children deprived of their natural family environment grow up in an atmosphere of emotional and material security.


 

          Guatemala, ICESCR, E/2004/22 (2003) 59 at paras. 410 and 428.

 

410. The Committee takes note of the legislative measures undertaken by the State party to address the needs of persons with disabilities, but regrets the lack of implementation measures and adequate financial and human resources in this area.

...

428. The Committee urges the State party to address the condition of persons with disabilities by formulating adequate implementation measures in this area...


 

          Russian Federation, ICESCR, E/2004/22 (2003) 64 at paras. 457, 458, 485 and 486.

 

457. The Committee remains concerned about the relatively high rates of unemployment in the State party, particularly among young people, women, people of pre-pensionable age and persons with disabilities...

...

458. The Committee notes with concern that the employment of persons with disabilities has significantly decreased in recent years. The Committee regrets that two important tax benefits, which served as incentives for hiring persons with disabilities and which were commended by the Committee in its previous concluding observations,28/ have been removed.

...

485. The Committee urges the State party to ensure that programmes to promote employment are targeted to the regions and groups that are most affected.

 

486. The Committee recommends that the State party take effective measures to promote the integration of persons with disabilities into the labour market, including by strengthening the system of job quotas for them, or by providing penalty payments for non-employment.

_________________

Notes

...

28/ [Official Records of the Economic and Social Council, 1998, Supplement No. 2] (E/1998/22-E/C.12/1997/10), chap. IV, para. 93.

_________________


 

          Democratic People’s Republic of Korea, ICESCR, E/2004/22 (2003) 71 at paras. 534 and 555.

 

534. The Committee remains concerned that children with disabilities, whenever possible, are not included in the regular school system.

...

555. The Committee recommends that the State party change the present system concerning the education of children with disabilities by allowing these children to be educated in the regular school system. Moreover, the State party should take measures to raise awareness among students, teachers and families of the special needs of these children and train teachers to assist them effectively in regular classes.




 

          Lithuania, ICESCR, E/2005/22 (2004) 18 at paras. 78 and 100.

 

78. The Committee regrets the lack of information on the integration of people with disabilities in the labour market and expresses its concern that the incentives for employing people with disabilities are limited.

...

100. The Committee recommends that the State party take effective measures under the National programme for the social integration of the Disabled for 2003-2012 to promote the integration of people with disabilities into the labour market, including through providing incentives to employers and strengthening the system of job quotas for people with disabilities.


 

          Ecuador, ICESCR, E/2005/22 (2004) 39 at paras. 280 and 303.

 

280. The Committee is deeply concerned about the high percentage of people with disabilities in the State party. While noting with appreciation the recent legislation that promotes the rights of people with disabilities, including access to education, employment, transportation, and communication, the Committee regrets that the State party has allocated few resources to ensure access to these services in practice.

...

303. The Committee urges the State party to conduct research on the possible reasons for the high disability rate...


 

          Malta, ICESCR, E/2005/22 (2004) 45 at paras. 342 and 360.

 

342. While noting the measures taken by the State party to promote the rights of persons with disabilities, the Committee is concerned about the lack of incentives for employers to hire such persons.

...

360. The Committee recommends that the State party continue and strengthen its efforts to promote the integration of persons with disabilities into the labour market...


 

          Italy, ICESCR, E/2005/22 (2004) 54 at para. 458.

 

458. The Committee urges the State party to take effective measures to ensure that forced evictions of Roma and tenants who cannot pay their rents comply with the guidelines established by the Committee in its General Comment No. 7 (1997) on the right to adequate housing (article 11, paragraph 1, of the Covenant): forced evictions, and to provide more housing units to cater for the needs of the disadvantaged and marginalized groups, including older persons, people with disabilities and immigrants.


 

          Azerbaijan, ICESCR, E/2005/22 (2004) 59 at paras. 483 and 509.

 

483. The Committee is concerned about the lack of legislative provisions ensuring access of persons with disabilities to the labour market.

...

509. The Committee recommends that the State party adopt relevant legislation and necessary administrative measures to ensure greater access to the labour market and an adequate working environment for persons with disabilities.


 

          China, ICESCR, E/2006/22 (2005) 25 at paras. 145, 164, 176 and 193.

 

145. The Committee is concerned about the reported persistence of discrimination against persons with physical and mental disabilities, especially in terms of employment, social security, education and health.

...

164. The Committee is concerned about the significant number of persons, especially women, who suffer from mental illnesses and about the inadequacy of measures to ensure a decent life for persons suffering from mental illnesses. The Committee is also concerned that, in addition to suffering social stigmatization, persons with mental illnesses often spend a long time in psychiatric facilities, where they live in sub-standard conditions and receive sub-standard treatment and care...

...

176. The Committee recommends that the State party adopt effective measures to ensure equal opportunities for persons with disabilities, especially in the fields of employment, social security, education and health, to provide for more appropriate living conditions for persons with disabilities and to allocate adequate resources for improving the treatment of, and care for, persons with disabilities...

...

193. The Committee recommends that the State party allocate adequate resources and undertake effective measures for the treatment of, and care for, persons with mental illnesses, and to ensure that appropriate standards are established and enforced in psychiatric facilities to prevent maltreatment and neglect of mentally ill patients...






 

          China (Hong Kong Special Administrative Region), ICESCR, E/2006/22 (2005) 34 at paras. 203, 207 and 219.

 

203. The Committee welcomes the extensive efforts made by the Hong Kong Special Administrative Region, including awareness-building campaigns, to combat prejudice and discrimination against persons with physical and mental disabilities.

...

207. The Committee regrets that the Hong Kong Special Administrative Region has not implemented a number of the recommendations contained in its concluding observations of 2001.9/ The Committee wishes to reiterate in particular its concern at the following issues:

...

(e) The exclusion of many individuals, including women who are homemakers, persons with disabilities and older persons, from the Mandatory Provident Fund Scheme, due to their inability to make sufficient voluntary contributions;

...

219. The Committee once again urges the Hong Kong Special Administrative Region to implement the Committee’s relevant suggestions and recommendations contained in its concluding observations adopted in 2001,9/ as well as in the current ones, and urges it to undertake whatever relevant concrete measures may be necessary towards their implementation.

_________________

Notes

...

9/ Official Records of the Economic and Social Council, 2002, Supplement No. 2 (E/2002/22-EC.12/2001/17), chap. IV, paras. 189 to 210.

_________________


 

          China (Macao Special Administrative Region), ICESCR, E/2006/22 (2005) 38 at paras. 240 and 250.

 

240. The Committee expresses its concern that persons with disabilities are not sufficiently integrated in the labour market.

...

250. The Committee recommends that Macau Special Administrative Region take effective measures to promote the integration of people with disabilities into the labour market, including by providing incentives to employers and strengthening the system of job quotas for persons with disabilities.



 

          Serbia and Montenegro, ICESCR, E/2006/22 (2005) 41 at paras. 276 and 304.

 

276. The Committee is concerned about the high unemployment rate in Serbia and in Montenegro, especially among women, persons with disabilities, Roma and internally displaced persons.

...

304. The Committee requests the State party to intensify its efforts to reduce the unemployment rate, including through the implementation of its National Employment Strategy 2005-2010, to promote employment of persons belonging to vulnerable groups through special measures, for example, special training, the removal of physical barriers limiting workplace access by persons with disabilities, and wage subsidies or other incentives for employers...



CEDAW

 

          Sri Lanka, CEDAW, A/57/38 part I (2002) 31 at para. 293.

 

293. The Committee urges the State party to ensure the full and effective enforcement of the measures taken to protect women migrant workers, including preventing the activities of illegal employment agencies and ensuring that insurance covers the disabled and jobless after they return to Sri Lanka.


 

          Canada, CEDAW, A/58/38 part I (2003) 53 at paras. 346, 357 and 358.

 

346. The Committee commends the State party for the creation, in 2000, of the Institute of Gender and Health to contribute to the reduction of health disparities and the promotion of equity for vulnerable populations of women, including women with disabilities...

 

357. While appreciating the federal Government’s various anti-poverty measures, the Committee is concerned about the high percentage of women living in poverty, in particular elderly women living alone, female lone parents, aboriginal women, older women, women of colour, immigrant women and women with disabilities, for whom poverty persists or even deepens, aggravated by the budgetary adjustments made since 1995 and the resulting cuts in social services. The Committee is also concerned that those strategies are mostly directed towards children and not towards these groups of women.

 

358. The Committee urges the State party to assess the gender impact of anti-poverty measures and increase its efforts to combat poverty among women in general and the vulnerable groups of women in particular.


 

          Costa Rica, CEDAW, A/58/38 part II (2003) 86 at paras. 66 and 67.

 

66. The Committee notes with concern that the impact of poverty is greater among women and that the State does not apply the gender perspective in its national activities to combat poverty.

 

67. The Committee requests the State party to pay specific attention to households headed by women and to groups of women in a vulnerable situation, as well as to rural women, older women, indigenous women and disabled women, in drawing up and implementing programmes to combat poverty, and to seek to ensure their access to production resources, education and technical training.


 

          New Zealand, CEDAW, A/58/38 part II (2003) 138 at paras. 421 and 422.

 

421. While applauding the State party’s progressive disability strategy, the Committee is concerned that discrimination against women with disabilities still exists, particularly in the areas of loans, employment and childcare, and about the situations of economic hardship they may encounter. The Committee is also concerned about the lack of economic independence of married women with disabilities.

 

422. The Committee recommends that the State party take appropriate measures to ensure that disabled women do not suffer from discrimination, in particular in the areas of employment and access to health care and loans. It also recommends that the State party pay attention to the situation of disabled married women with a view to ensuring their economic independence.


 

          Dominican Republic, CEDAW, A/59/38 part II (2004) 141 at para. 309.

 

309. The Committee recommends the adoption of measures to ensure that women, especially young women, the disabled and women living in rural areas, have access to information and health services, particularly those relating to sexual and reproductive health and cancer prevention. Such measures are essential in order to reduce the rate of maternal mortality, prevent women from resorting to unsafe abortion and protect women against the negative effects on their health...





 

          Ireland, CEDAW, A/60/38 part II (2005) 151 at paras. 386, 387, 392 and 393.

 

386. ...The Committee is...concerned that insufficient information was provided on the question of sexual harassment, as requested in the previous concluding comments (A/54/38/Rev.1, part two, para. 188). The Committee is furthermore concerned about violence suffered by women from marginalized and vulnerable groups, including Traveller women, migrant women, asylum-seeking and refugee women and women with disabilities.

 

387. The Committee urges the State party to...adopt without delay its strategic plan and systematically monitor and regularly evaluate the plan’s components, particularly in relation to marginalized and vulnerable women, including Traveller women, migrant women, asylum-seeking and refugee women and women with disabilities...

...

392. While recognizing that the second National Action Plan against Poverty and Social Exclusion and the National Anti-Poverty Strategy provide for an integrated focus on addressing the needs of specific groups, including women, the Committee is concerned at the situation of vulnerable groups of women who are considered to be at high risk of consistent poverty and social exclusion, including rural women, older women, Traveller women, women who are single parents and women with disabilities. The Committee is particularly concerned at the barriers faced by those vulnerable groups in relation to access to education, employment, health care and other social services.

 

393. The Committee recommends that the State party closely monitor the situation of poverty and social exclusion of women in the most vulnerable groups and implement effective measures and training programmes that will allow them fully to enjoy the benefits of the State party’s prosperity. The Committee also recommends that a gender impact analysis of all social and economic policies and anti-poverty measures be conducted regularly. It further recommends that the State party consider allowing for the Homemaker’s Scheme (1994) to be applied retroactively so as to benefit older women.



CAT

 

          Bulgaria, CAT, A/59/44 (2004) 19 at paras. 32 and 33.

 

32. The Committee expresses concern about the following:

...

(e) Poor conditions in homes for persons with mental disabilities and the insufficient steps taken thus far by the authorities to address this situation, including the failure to amend the legislation relating to involuntary placement in such an institution for purposes of evaluation and the lack of judicial appeal and review procedures;

...

33. The Committee recommends that the State party:

...

(e) Undertake all necessary measures to address the situation in homes and hospitals of persons with mental disabilities to ensure that the living conditions, therapy and rehabilitation provided are not in violation of the requirements of the Convention. The Committee also urges the State party to ensure that the placement of children in social care homes is regularly reviewed. It urges the State party to provide monitoring and reassessment of diagnoses by specialists, with appropriate appeal procedures;

...


 

          Chile, CAT, A/59/44 (2004) 28 at paras. 56 and 57.

 

56. The Committee expresses concern about the following:

...

(g) The limited mandate of the National Commission on Political Imprisonment and Torture aimed at identifying victims of torture during the military regime and the conditions for obtaining reparation. In particular, the Committee notes with concern:

...

(iii) The reported rejection of claims not filed in person, notwithstanding, e.g., the disability of the person(s) involved;

...

...

57. The Committee recommends that the State party should:

...

(k) Extend the term and mandate of the National Commission on Political Imprisonment and Torture to enable victims of all forms of torture, including victims of sexual violence, to file complaints. To this end:

...

(ii) Ensure that victims will be afforded privacy when registering with the Commission, and that persons in rural areas or otherwise unable to file in person can register;

...


 

          Latvia, CAT, A/59/44 (2003) 48 at para. 98.

 

98. The Committee notes with appreciation the ongoing efforts by the State party aimed at strengthening human rights in Latvia. In particular, the Committee welcomes the following:

 

(a) Legislative measures:

...

(vii) The draft new Amnesty Law, providing either for the release or the reduction of the term of imprisonment of those groups at risk, such as minors, pregnant women, women with infant children, disabled persons and the elderly;

...



CRC

 

          Mauritania, CRC, CRC/C/111 (2001) 8 at paras. 66 and 67.

 

66. While noting that the State party has developed a strategy for the integration and development of children with disabilities involving community-based rehabilitation, the Committee remains nevertheless concerned about the huge number of children with disabilities who are institutionalized, the general lack of resources and specialized staff for these children and the absence of support for their families.

 

67. In light of article 23 of the Convention, the Committee recommends that the State party:

 

(a) Undertake measures to ensure that the situation of children with disabilities is adequately monitored in order to assess effectively their situation and needs;

 

(b) Allocate the necessary resources for programmes and facilities for all children with disabilities, especially the ones living in rural areas, and further develop community-based programmes in order for the children to be able to stay at home with their families;

 

(c) Provide professional and financial support to families;

 

(d) In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee's recommendations adopted at its day of general discussion on "The rights of children with disabilities" (see CRC/C/69), further encourage their inclusion into society and their integration into the regular educational system, including by providing special training to teachers and by making schools more accessible; and

 

(e) Seek technical assistance from, among others, WHO and UNICEF.


See also:

          Turkey, CRC, CRC/C/108 (2001) 18 at paras. 129 and 130.

          Belarus, CRC, CRC/C/118 (2002) 54 at para. 249.


 

          Oman, CRC, CRC/C/111 (2001) 36 at paras. 189 and 190.

 

189. The Committee welcomes information that a national committee on disability has been formed, a new medical and social care unit under the Centre for Care and Rehabilitation of the Disabled has been established to cater for the needs of severely disabled children, and that three new Al-Wafa Social Centres for Disabled Children have been established. However, the Committee is concerned that children with disabilities, in general, have inadequate access to specialized services and education, and that there is insufficient support for families.

 

190. The Committee recommends that the State party:

 

(a) Conduct a survey to assess the causes and extent of disability among children;

 

(b) Review existing policies and practice in relation to children with disabilities, taking due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee's recommendations adopted at its day of general discussion on "Children with disabilities" (see CRC/C/69);

 

(c) Involve children with disabilities and their families in the development of surveys and policy review;

 

(d) Undertake greater efforts to make available the necessary professional and financial resources;

 

(e) Undertake greater efforts to promote and expand community-based rehabilitation programmes, including parent support groups, and inclusive education of children with all forms of disability; and

 

(f) Seek assistance from, among others, UNICEF and WHO.


See also:

          Qatar, CRC, CRC/C/111 (2001) 59 at para. 313.


 

          Portugal, CRC, CRC/C/111 (2001) 48 at paras. 240 and 241.

 

240. The Committee welcomes the State party's emphasis on the integration of children with disabilities into mainstream education. However, the Committee remains concerned that resources for the special education of children with disabilities are unevenly distributed across the country, with a particular concentration in Lisbon limiting the access of some children to these facilities.

 

241. The Committee recommends that the State party:

 

(a) Continue and strengthen its efforts to ensure the integration of children with disabilities into regular schools;

 

(b) Review the distribution of resources for the special education of children with disabilities, with a view to ensuring that all children and their families in need of such services have easy access to them.


 

          Cameroon, CRC, CRC/C/111 (2001) 71 at paras. 375 and 376.

 

375. Noting the current efforts by the State party (notably Act No. 83/013 of 21 July 1983 on the Protection of Disabled Persons and the Establishment of a Sub-Department for the Protection of Disabled Persons within the Ministry of Social Affairs), the Committee is concerned at the lack of statistical data on children with disabilities in the State party, at the situation of children with physical and mental disabilities and, in particular, at the limited specialized health care, education and employment possibilities available for them. The Committee is concerned further that poor health conditions and poverty are leading to an increase in the number of children with disabilities.

 

376. The Committee recommends that the State party:

 

(a) Ensure the use of adequate and comprehensive data in the development of policies and programmes for children with disabilities;

 

(b) Review the situation of these children in terms of their access to suitable health care, education services and employment opportunities;

 

(c) Take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee's recommendations adopted at its day of general discussion on the rights of children with disabilities (see CRC/C/69);

 

(d) Allocate adequate resources to strengthen services for children with disabilities, to support their families and for training of professionals in the field;

 

(e) Strengthen policies and programmes of inclusion in regular education, train teachers and make schools accessible;

 

(f) Carry out genetic and other studies to assess the causes of disabilities in the State party;

 

(g) Sensitize the population to the human rights of children with disabilities;

 

(h) Seek assistance from, inter alia, UNICEF and WHO.


See also:

          Gabon, CRC, CRC/C/114 (2002) 47 at paras. 225 and 226.

          Burkina Faso, CRC, CRC/121 (2002) 103 at paras. 473 and 474.


 

          Uzbekistan, CRC, CRC/C/111 (2001) 117 at paras. 545 and 546.

 

545. Noting that a person reaches the age of majority at 18 years under the 1996 Civil Code, the Committee is concerned about:

 

Inconsistencies with other legislation and government decisions (for example, Cabinet Ministers Decision No. 319 of 24 June 1994 in relation to disability assistance paid to disabled children up to 16 years);

...

546. The Committee recommends that the State party review its legislation so that the definition of the child and minimum-age requirements conform to the principles and provisions of the Convention, are gender neutral, are explicit and are effectively enforced by law.


 

          Cape Verde, CRC, CRC/C/111 (2001) 135 at paras. 644 and 645.

 

644. The Committee is concerned that the rights of children with disabilities are not fully respected and that available specialized assistance, including economic assistance, is insufficient. The Committee is concerned, in addition, at the absence of public schools or trained teachers for children with disabilities in need of special facilities.

 

645. The Committee recommends that the State party:

 

(a) Make urgent efforts to improve respect for the rights of children with disabilities, including the rights to non-discrimination, family life, an adequate standard of living, health care, education and leisure;

 

(b) Continue to provide and encourage access to the regular education system for children with disabilities who are able to participate in this system;

 

(c) Ensure that, where necessary, specialized educational and health assistance are made available to children with disabilities in need of such assistance;

 

(d) Ensure the provision of specialized services for children with disabilities making a transition to the regular education system;

 

(e) Provide additional assistance to families caring for children with disabilities;

 

(f) Develop and implement information campaigns targeting, among others, parents, teachers, care givers and children, on the rights of children with disabilities, including the right to equal treatment;

 

(g) Seek technical assistance from UNICEF and WHO.


 

          Lebanon, CRC, CRC/C/114 (2002) 11 at paras. 55, 56, 69, 70, 73 and 74.

 

55. The Committee is concerned that the comparative studies regarding the compatibility between the Convention and domestic legislation have not examined the implications of the general principle of the best interests of the child in relation to the State party’s laws, as previously recommended (CRC/C/15/Add.54, para. 35), its policies on issues such as institutionalization and imprisonment, and its practices with regard to children with disabilities.

 

56. The Committee reiterates its recommendation to the State party to take all appropriate measures to ensure that the general principle of the best interests of the child is appropriately integrated in all legislation, as well as in judicial and administrative decisions and in policies, programmes and services which have an impact on children.

...

69. While welcoming the extensive legislation adopted for children with disabilities, the Committee remains concerned that children with disabilities continue to be subject to discrimination in the areas of health coverage, access to specialized services, family support and education.

 

70. The Committee urges the State party:

 

(a) To review existing policies and practice in relation to children with disabilities, taking due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee’s recommendations adopted at its day of general discussion on children with disabilities (see CRC/C/69);

 

(b) To make greater efforts to provide the necessary resources (financial and professional);

 

(c) To make greater efforts to promote community-based rehabilitation programmes and inclusive education;

 

(d) To make greater efforts in the area of prevention by reviewing, inter alia, health programmes and policies relating to pregnancy, birth and child health; and

 

(e) To seek assistance from, among others, UNICEF, WHO and relevant NGOs.

 

73. ...[T]he Committee...notes with deep concern that one in every five married women is married to her maternal or paternal cousin or another relative, and that 30 per cent of disabled children are born to consanguineous marriages.

 

74. The Committee recommends that the State party:

...

(b) To disseminate information on the risks to the health of children born to consanguineous marriages and encourage premarital testing.


 

          Greece, CRC, CRC/C/114 (2002) 25 at paras. 125, 126, 150 and 151.

 

125. While noting the State party’s legislation against xenophobia and hate speech, the Committee remains deeply concerned:

...

(b) At the fact that domestic legislation does not include a prohibition of discrimination on the ground of disability.

 

126. The Committee recommends that the State party:

...

(b) Amend domestic legislation so as to ensure a prohibition of discrimination on the ground of disability;

...

150. Taking into consideration the efforts that have been made in the past 10 years and the recent involvement of children with disabilities and their families in policy making, especially in relation to the Ministry of Education’s special education department, and the progress made in modifying access to streets, buses, trains and some buildings for persons with disabilities, the Committee remains concerned that:

 

(a) There is a lack of up-to-date national data on children with disabilities;

 

(b) Children with disabilities face discrimination, as indicated by the State party in its report;

 

(c) There is a shortage of qualified personnel to provide health and educational support to children with disabilities;

 

(d) Many children with disabilities in need of alternative care are institutionalized, that residential care for persons with disabilities remains of poor quality, limiting respect for children’s rights, and that children in some institutions experience abuse and inhuman or degrading treatment;

 

(e) Children with disabilities are often not consulted in decisions that affect them;

 

(f) Access facilities for persons, including children, with physical disabilities to public areas, buildings and transport remain poor and legislation in this regard is not sufficiently enforced.

 

151. Noting the State party’s efforts in this regard, and in the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, para. 338), the Committee recommends that the State party:

 

(a) Continue to implement programmes to improve respect for the rights of children with disabilities and ensure that children are consulted in decisions that affect them, in accordance with their age and abilities;

 

(b) Improve data collection on children with disabilities;

 

(c) Take steps, including through the use of information campaigns, to end discrimination against children with disabilities;

 

(d) Ensure that children with disabilities, in particular those children living in institutions, are protected from all forms of neglect, abuse or inhuman or degrading treatments;

 

(e) Recruit additional qualified personnel to provide, inter alia, health and educational support to children with disabilities;

 

(f) Strengthen efforts to limit recourse to institutional solutions for children with disabilities in need of alternative care and improve the quality of residential care;

 

(g) Continue efforts to establish adequate secondary schools for children with special needs, while also continuing to place emphasis on integrating children with disabilities into the ordinary education system where this would be in the best interests of the child, and ensure that all children with disabilities have access to secondary school education;

 

(h) Continue and strengthen efforts to ensure the easy access of children with disabilities to public areas, buildings and transport, including pavements, schools, hospitals, trains and buses;

 

(i) Strengthen the provision of training in daily living skills for children with cognitive disabilities.


 

          Mozambique, CRC, CRC/C/114 (2002) 65 at paras. 274, 275, 297 and 298.

 

274. While noting that the State party’s Constitution prohibits discrimination, the Committee is concerned that:

...

(c) Discrimination against children with disabilities is prevalent, as indicated in the State party’s report, and girls with disabilities may suffer multiple forms of discrimination.

 

275. The Committee recommends that the State party:

...

(c) Make every effort to address all forms of discrimination against children with disabilities and ensure that such discrimination is prohibited under the law;

...

297. While noting the State party’s 1999 national policy on disabled persons, the Committee remains concerned that:

 

(a) The State party provides insufficient public assistance to children with disabilities, relying on non-governmental organizations for the bulk of assistance activities;

 

(b) Societal discrimination against children with disabilities remains serious, with girls with disabilities suffering the additional burden of gender discrimination, and that, in some cases, parents do not allow their disabled children to leave their home;

 

(c) Children with disabilities often have serious difficulty in obtaining transportation and in gaining access to public buildings, including to hospitals and schools;

 

(d) Children with disabilities have very limited access to formal education.

 

298. The Committee recommends that the State party:

 

(a) Strengthen its provision of public assistance to children with disabilities, including through the prompt implementation of the national plan on persons with disabilities;

 

(b) Make every effort to assure the full integration of children with disabilities into everyday life as enjoyed by other children, including family life, education, leisure and professional training;

 

(c) Increase the numbers of schools and other institutions for children with disabilities who have special needs;

 

(d) Take action to address societal discrimination against children with disabilities, noting also links with gender discrimination, including through children’s rights information programmes targeting parents, teachers, social workers, communities in general and children;

 

(e) Take steps to provide improved transportation facilities for persons with disabilities and in need of assistance, including through the provision of wheelchairs or other specialized equipment;

 

(f) Implement measures to improve the access of children with disabilities to public buildings, including through legislative and administrative measures;

 

(g) Ensure respect for the right of children with disabilities to receive a formal education;

 

(h) Take note of the recommendations made by the Committee following its 1997 general day of discussion on the rights of children with disabilities.


 

          Guinea-Bissau, CRC, CRC/C/118 (2002) 12 at paras. 51, 52, 66 and 67.

 

51. The Committee is concerned that:

...

(c) Discrimination against children with disabilities is prevalent.

 

52. The Committee recommends that the State party:

...

(b) Formulate policies and programmes with a view to addressing discrimination against specific groups of children, in particular girls and children with disabilities.

...

66. While noting that a major effort has been made to address the situation of children with disabilities since 1986 (see report, para. 189), the Committee remains concerned that:

 

(a) The rights of children with disabilities are very poorly respected (see report, para. 187), societal discrimination is prevalent against children with disabilities, including children with Down's syndrome, and that there are cases of the killing of newborn children who have physical disabilities;

 

(b) As indicated in the State party’s report, the law does not prohibit discrimination against the disabled specifically, there is no law mandating accessibility for persons with disabilities and existing legislation with regard to children with disabilities is not implemented;

 

(c) There is a lack of health, educational or professional training facilities for children with disabilities (see report, para.147) and, in particular, children with disabilities have very limited access to formal education;

 

(d) Children with disabilities often have serious difficulty in gaining access to public buildings, including to hospitals and schools.

 

67. The Committee recommends that the State party, in the spirit of the United Nations Guidelines on Disabilities and the results of the Committee's day of general discussion on the rights of children with disabilities:

 

(a) Develop or amend legislation to ensure that discrimination on the grounds of disability is prohibited and that children with disabilities have access to public transportation and public buildings, including all schools and hospitals;

 

(b) Ensure the implementation of all legislative measures of protection for children with disabilities, in particular with regard to non-discrimination, giving attention to practices such as the killing of newborn children with disabilities;

 

(c) Significantly strengthen its assistance to children with disabilities and ensure, inter alia, that they have access to health, educational and professional facilities;

 

(d) Review the recommendations made at the First National Conference on Disabled People (see report, para. 190) and implement those recommendations which remain valid;

 

(e) Revive services established to assist persons with disabilities in the past, but which are no longer functioning, or functioning only in part (see report, paras. 195-198);

 

(f) Seek international cooperation in this regard.


See also:

          The Netherlands (Antilles), CRC, CRC/C/118 (2002) 129 at paras. 548 and 549.


 

          Belgium, CRC, CRC/C/118 (2002) 29 at paras. 109 and 110.

 

109. The Committee welcomes the Decree of March 2000 expanding the mandate of the Centre for Equal Opportunities and Opposition to Racism to include all forms of discrimination, including grounds of gender, sexual orientation, birth, civil status, ill health, age and disability. The Committee is concerned at racist incidents against minorities; the disparities in the enjoyment of economic and social rights, particularly health and education, experienced by poor children, non-Belgian children, including unaccompanied minors, and disabled children.

 

110. In accordance with article 2 of the Convention, the Committee recommends that the State party:

 

(a) Take all appropriate measures, such as comprehensive public education campaigns, to prevent and combat negative societal attitudes, and implement the recommendations of the Committee on the Elimination of Racial Discrimination (March 2002);

 

(b) Take all necessary measures to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination;

 

(c) Continue to prioritize and target resources and social services to children belonging to the most vulnerable groups;

 

(d) Review existing policies and practice in relation to children with disabilities, including draft legislation, with due regard to the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and to the Committee's recommendations adopted at its day of general discussion on children with disabilities (See CRC/C/69).


 

          Switzerland, CRC, CRC/C/118 (2002) 78 at paras. 346 and 347.

 

346. While welcoming the fact that the Constitution prohibits discrimination on the basis of disability (art. 8), the Committee remains concerned at the lack of statistics regarding children with disabilities and the lack of uniform practices for integrating these children in mainstream education in the various cantons. In addition, the Committee is concerned at the distinction made between children born with disability and children who become disabled as far as home care is concerned...

 

347. The Committee recommends that the State party:

 

(a) Reinforce the collection of data regarding children with disabilities;

 

(b) Undertake an assessment of the existing disparities in the integration of disabled children in mainstream education across the country and take all necessary measures to eliminate these differences which may amount to discrimination;

 

(c) Review its home care support system in order to eliminate de facto discrimination between children born with disability and children who become disabled as a result of disease or an accident.


 

          Saint Vincent and the Grenadines, CRC, CRC/C/118 (2002) 101 at paras. 430, 431, 447 and 448.

 

430. The Committee is concerned that:

 

(a) The Constitution of Saint Vincent and the Grenadines does not fully reflect the provisions of article 2 of the Convention and, in particular, does not specifically prohibit discrimination on the grounds of language, national, ethnic or social origin, property, disability, birth or other status;

...

(c) Children with disabilities are de facto discriminated against by the absence of specific legislation to cater for their special needs and to provide them with appropriate facilities, and by the absence of effective policies and programmes to facilitate their integration into regular schools;

...

431. The Committee recommends that the State party:

 

(a) Amend its legislation, including the Constitution, to ensure that it fully corresponds with the provisions of article 2 of the Convention and to ensure the full implementation of non-discrimination provisions, giving special attention to children infected or affected by HIV/AIDS, to children with disabilities and to racial discrimination;

 

(b) Adopt legislation providing for the protection of the rights of children with disabilities, including with regard to the provision of special services and facilities for children in need of such support.

...

447. The Committee is concerned that:

 

(a) The State party's statistics on the numbers of children with disabilities may be incomplete and, in particular, do not take into consideration those children who hardly ever leave their homes;

 

(b) Children with disabilities, including learning disabilities, are not integrated, as a matter of policy, into regular schools and that an insufficient number of teachers have received specialized training in this regard;

 

(c) Some children with disabilities are often obliged to remain at home and do not have access to many public buildings as a result of physical barriers such as stairs.

 

448. ...[T]he Committee recommends that the State party:

 

(a) Conduct a survey to identify the exact number of children with disabilities, including children who stay at home, and the causes of, and ways to prevent, disabilities in children;

 

(b) Ensure the integration within the State party's child rights policy of the rights of children with disabilities with regard to, inter alia, non-discrimination, participation, survival and development, health, education (including vocational education for future employment) and integration into society;

 

(c) Ensure access for children with disabilities to public transportation and public buildings, including all schools and hospitals;

 

(d) Train additional teachers to teach and counsel children with disabilities;

 

(e) Strengthen the assistance, including financial assistance and counselling, provided to the families of children with disabilities;

 

(f) Seek international cooperation from, inter alia, UNICEF, in this regard.


 

          Seychelles, CRC, CRC/C/121 (2002) 41 at paras. 203 and 204.

 

203. The Committee is encouraged by the State party’s efforts, together with the National Council for the Disabled, to combat discrimination against children and adults with disabilities. Nevertheless, the Committee is concerned that children with disabilities have limited access to public facilities and services because the physical environment is not appropriately designed or because staff and programmes have not been designed to ensure integration of children with disabilities.

 

204. Taking note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the results of the Committee’s day of general discussion on the rights of children with disabilities, held on 6 October 1997 (see CRC/C/69, paras. 310-339), the Committee recommends that the State party continue its cooperation with the National Council for the Disabled and other relevant civil society organizations, in particular in:

 

(a) Developing and implementing a policy aimed at the full integration of children with disabilities into the mainstream school system;

 

(b) Assessing the extent to which current services and public facilities are accessible and appropriate for the needs of children with disabilities with a view to improving the physical environment, the coordination of service delivery and the capacity of all staff and professionals working for and with children to include children with disabilities in their programmes, thereby facilitating their active participation in society at large.


 

          Sudan, CRC, CRC/C/121 (2002) 53 at paras. 264, 265 and 273.

 

264. While encouraged by the progress indicated by the delegation, the Committee remains concerned at societal stigmatization and discrimination against disabled children, the lack of disaggregated data concerning them and the very limited services and opportunities offered to those children.

 

265. In the context of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the results of the Committee’s day of general discussion on the rights of children with disabilities, held on 6 October 1997 (see CRC/C/69, paras. 310-339) the Committee recommends that the State party:

...

(b) Make every effort to bring an end to traditional beliefs and stigma prejudicial to children with disabilities, including through education and information programmes;

 

(c) Ensure the integration within its child-rights policy of the perspectives of the rights of children with disabilities with regard to, inter alia, non-discrimination, participation, survival and development, health, education (including vocational education for future professional employment) and integration in society;

 

(d) Significantly strengthen the provision of health services for children with disabilities;

 

(e) Adopt and implement, as needed, legislative and administrative provisions to ensure that children with disabilities have access to public buildings, including hospitals and schools;

 

(f) Strengthen the assistance, both financial assistance and counselling, provided to the families of children with disabilities;

 

(g) Seek international cooperation from, among others, UNICEF, in this regard.

...

273. The Committee recommends that the State party:

...

(e) Give particular attention to ensuring the enrolment in school of girls, children with disabilities, refugee children and children from nomadic groups, and continue and strengthen efforts to provide special education and mobile education facilities for children with disabilities and nomadic children, respectively, who are in need of them;

...


 

          Ukraine, CRC, CRC/C/121 (2002) 70 at paras. 344 and 345.

 

344. ...The Committee is...concerned at the inaccessibility of medical assistance to children who have left their homes; the increase in child morbidity; the high maternal mortality rates; the increase in the number of disabled children; and the high incidence of iodine deficiency and nutrition problems, especially among children from low-income households.

 

345. The Committee urgently recommends that the State party:

 

(a) Ensure that all children, especially from the most vulnerable groups, have access to primary health care;

 

(b) Develop a national policy in order to ensure an integrated and multidimensional approach to early childhood development, with a focus on health and nutrition;

 

(c) Continue to operate with and seek assistance from, among others, UNICEF and WHO.


 

          Republic of Moldova, CRC, CRC/C/121 (2002) 89 at paras. 408 and 409.

 

408. The Committee expresses its deep concern at the increasing number of children with disabilities and at the insufficient support provided to their families. It further notes that there are few efforts to integrate these children in mainstream education and society, including in cultural and leisure activities. The Committee is also concerned at the terminology used in discussions about children with disabilities, such as “invalid”, which may lead to prejudice, stigmatization and negative psychological effects.

 

409. In light of article 23 of the Convention, the Committee recommends that the State party:

 

(a) Undertake studies to determine the causes of and ways to prevent disabilities in children;

 

(b) Undertake measures to ensure that the situation of children with disabilities is monitored in order to assess their situation and address their needs effectively;

 

(c) Conduct public campaigns to raise awareness of the situation and the rights of children with disabilities;

 

(d) Allocate the necessary resources for programmes and facilities for all children with disabilities, especially the ones living in rural areas, and strengthen community-based programmes to enable them to stay at home with their families;

 

(e) Support the parents of children with disabilities with counselling and, when necessary, financial support;

 

(f) In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage their integration into the regular educational system and inclusion into society, including by providing special training to teachers and by making schools and public facilities accessible;

 

(g) Avoid terminology such as “invalid” and use the internationally accepted terminology such as “children with disabilities”.


 

          Burkina Faso, CRC, CRC/C/121 (2002) 103 at para. 478.

 

478. The Committee recommends that the State party:

 

...

(h) Take measures to enable children with disabilities to have access to regular schools and to ensure that these children have access to formal and vocational educational opportunities;

            ...


 

          Poland, CRC, CRC/C/121 (2002) 120 at paras. 533 and 534.

 

533. The Committee is concerned that children with disabilities do not all have the opportunity to attend integrated schools and education programmes, and that in some cases children with disabilities are institutionalized or do not attend school regularly owing to a lack of appropriate programmes close to their homes.

 

534. The Committee recommends that the State party:

 

(a) Develop a time-bound plan for reducing the number of children with disabilities living in institutions and integrating them into mainstream education and vocational training programmes, as well as social, cultural and leisure activities;

 

(b) Provide sufficient financial, human and organizational resources to powiats to ensure that they all offer integrated educational facilities that are accessible and appropriate to children with disabilities that will ensure their full participation in society.


 

          Israel, CRC, CRC/C/121 (2002) 131 at paras. 576, 577, 592 and 593.

 

576. The Committee is concerned that discrimination, contrary to article 2 of the Convention, persists in the State party, and that non-discrimination is not expressly guaranteed under the Constitution. In particular, the Committee is concerned about discrimination against girls and women, especially in the context of religious laws, discrimination on religious grounds, [and] inequalities in the enjoyment of the economic, social and cultural rights (i.e. access to education, health care and social services) of Israeli Arabs, Bedouins, Ethiopians and other minorities, children with disabilities and children of foreign workers...

 

577. The Committee recommends that the State party:

 

(a) Take effective measures, including enacting or rescinding legislation where necessary, to ensure that all children enjoy all the rights set out in the Convention without discrimination, in accordance with article 2;

 

(b) Strengthen its efforts with respect to affirmative-action initiatives;

 

(c) Carry out comprehensive public education campaigns to prevent and combat negative societal attitudes in this regard;

 

(d) Mobilize religious leaders to support such efforts;

...

592. The Committee notes the various efforts of the State party to address the rights and special needs of children with disabilities. However, it remains concerned at the large gap between the needs and services provided, and the gap between services provided to Jewish and Israeli Arab children.

 

593. The Committee recommends that the State party continue and strengthen its efforts to prioritize and target resources (human and financial) to ensure that the needs of children with disabilities are met and the necessary services provided. Furthermore, it recommends that the State party ensure that Israeli Arab children receive the same level and quality of services as Jewish children.


 

          Estonia, CRC, CRC/C/124 (2003) 9 at paras. 60 and 61.

 

60. The Committee appreciates the many efforts made in this field, as well as the fact that the State party acknowledges that challenges remain with regard to guaranteeing children with disabilities the rights contained in the Convention, integrating them in mainstream education and providing support for families. It notes with concern that the implementation of the Education Act does not sufficiently envisage the inclusion of disabled children; that negative societal attitudes towards inclusion persist; and that support payments are only payable for disabled children up to 16 years of age.

 

61. The Committee recommends that the State party:

 

(a) Review existing policies and practice in relation to children with disabilities, taking due account of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee’s recommendations adopted at its day of general discussion on children with disabilities (CRC/C/69, para. 338);

 

(b) Provide early childhood care and special education for children with disabilities;

 

(c) Make greater efforts to implement alternatives to the institutionalization of children with disabilities, including community-based rehabilitation programmes;

 

(d) Undertake awareness-raising campaigns which focus on prevention, inclusive education, family care and the promotion of the rights of children with disabilities;

 

(e) Give attention to combating negative societal attitudes towards children with disabilities;

 

(f) Provide adequate support, supervision and training to persons working with these children, including the teaching staff in mainstream schools;

 

(g) Take measures to remove physical barriers to enable effective access of children with disabilities to schools and other institutions and services in a manner conducive to the child’s achieving the fullest possible social integration and individual development.


 

          Republic of Korea, CRC, CRC/124 (2003) 24 at paras. 109, 110, 128 and 129.

 

109. The Committee notes with concern the absence of information in the State party’s report on racial discrimination, and the limited amount of information regarding acts of discrimination against children from single-parent families, children born out of wedlock, children with disabilities, girls and migrant families. It is also concerned that the Constitution does not explicitly prohibit discrimination on the grounds of race, colour, language, political or other opinion, national or ethnic origin, disability, birth or other status, as stated in the Convention.

 

110. The Committee recommends that the State party enact legislation explicitly prohibiting discrimination in order to include all grounds enumerated in article 2 of the Convention. In addition, the Committee recommends that the State party undertake all necessary proactive measures to combat societal discrimination, in particular against children from single-parent families, children born out of wedlock, children with disabilities, children of migrant workers and girls through, inter alia, public education and awareness campaigns.

...

128. The Committee is extremely concerned that societal discrimination against children is widespread and prevents these children from enjoying their right to “a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child’s active participation”. In particular, it is concerned at reports that a significant number of children with disabilities are abandoned each year, that many cannot attend school and when they do attend school they are segregated from other students.

 

129. The Committee recommends that the State party, in accordance with the recommendations arising from the Committee’s day of general discussion, held in 1997, on children with disabilities, and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex):

 

(a) Take effective measures to combat the culture of discrimination against children with disabilities, including through awareness-raising and education campaigns aimed at parents, children, teachers and the general public;

 

(b) Undertake a comprehensive survey of the number of children with disabilities, including those currently not attending school, which assesses their educational needs and access to education and other social services;

 

(c) Expand existing programmes aimed at improving the physical access of children with disabilities to public buildings and areas, including schools and recreational facilities, and increase the number of integrated education programmes at pre-primary, primary, secondary and tertiary levels.


 

          Romania, CRC, CRC/124 (2003) 49 at paras. 246 and 247.

 

246. The Committee is concerned that disabled children in Romania remain disadvantaged in the enjoyment of their rights guaranteed by the Convention. The Committee is concerned, among other things, that:

 

(a) Children with disabilities often have serious difficulty in obtaining transportation and in gaining access to public buildings, including hospitals and schools;

 

(b) Despite the efforts of the State party to promote inclusion, disabled children in practice have limited access to formal education;

 

(c) The process of certification of disability is reportedly degrading;

 

(d) Other than medical doctors, there is a lack of professionally qualified experts caring for children with disabilities.

 

247. The Committee recommends that the State party:

 

(a) Review existing policies and practice in relation to children with disabilities, taking due account of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee’s recommendations adopted at its day of general discussion on the theme “The rights of children with disabilities” (CRC/C/69, paras. 310-339);

 

(b) Undertake greater efforts to make available the necessary professional (i.e. disability specialists) and financial resources, especially at the local level;

 

(c) Undertake greater efforts for inclusive education of children with all forms of disability and seek greater involvement of local communities in the process;

 

(d) Improve the physical accessibility of schools and other public buildings;

 

(e) Undertake greater efforts to promote and expand community-based rehabilitation programmes, including parent support groups;

 

(f) Strengthen public awareness campaigns to change negative public attitudes;

 

(g) Seek assistance from, among others, UNICEF and the World Health Organization (WHO).


 

          Viet Nam, CRC, CRC/C/124 (2003) 67 at paras. 287, 288, 308 and 309.

 

287. The Committee notes with concern that domestic legislation does not specifically prohibit discrimination based on all the grounds listed under article 2 of the Convention. In particular, discrimination against children with disabilities is not explicitly prohibited...

 

288. The Committee recommends that the State party:

 

(a) Amend domestic legislation to ensure that it corresponds fully with all the provisions of article 2 of the Convention and that, in particular, discrimination against children on the grounds of disability is expressly prohibited by law;

...

308. The Committee is very concerned at the high proportion of children with disabilities who do not attend school, do not have access to vocational training or preparation for employment and have limited access to rehabilitation services, particularly in rural areas.

 

309. The Committee recommends that the State party, in accordance with the recommendations arising from the Committee’s 1997 day of general discussion on children with disabilities (CRC/C/69, para. 338) and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex):

 

(a) Undertake a comprehensive survey of the number of children with disabilities, including those currently not attending school, in order to assess their educational and vocational training needs, and their access to rehabilitation and other social services;

 

(b) Provide financial assistance to economically disadvantaged children with disabilities in order ensure their access to rehabilitation services and devices;

 

(c) Expand existing programmes aimed at improving the physical access of children with disabilities to public buildings and areas, including schools and recreational facilities, and increase the number of integrated education programmes at pre-primary, primary, secondary and tertiary levels.


 

          Czech Republic, CRC, CRC/C/124 (2003) 78 at paras. 369 and 370.

 

369. The Committee welcomes information on the national plan to equalize opportunities for citizens with medical disabilities and is encouraged by the growing number of children with disabilities who are integrated into mainstream education; however, the Committee is concerned that:

 

(a) The previous recommendation of the Committee ([CRC/C/15/Add.81], para. 37) has been insufficiently addressed and that institutionalization of children with disabilities remains high. The Committee notes the concern expressed by the Committee on Economic, Social and Cultural Rights at the inadequacy of measures to ensure a decent life for persons with disabilities, including the mentally ill (E/C.12/1/Add.76, para. 20);

 

(b) Most public assistance activities are carried out by NGOs without significant support from the State party.

 

370. The Committee recommends that the State party:

 

(a) Implement measures to provide an alternative to the institutionalization of disabled children;

 

(b) Allocate the necessary resources for programmes and facilities for all children with disabilities, especially those living in rural areas, and strengthen community-based programmes to enable them to stay at home with their families;

 

(c) In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the Committee’s recommendations adopted at its day of general discussion on “The rights of children with disabilities” (CRC/C/69, paras. 310-339), further encourage their integration into the regular educational system and inclusion into society, including by providing special training to teachers and by making schools more accessible.


 

          Eritrea, CRC, CRC/C/132 (2003) 8 at paras. 71 and 72.

 

71. The Committee welcomes the information provided by the State party during the dialogue that it has drafted a National Child and Family Welfare Policy, which includes measures to integrate children with disabilities into the education system. Yet, it remains concerned that children with disabilities often suffer from societal discrimination and that a significant proportion do not attend school or participate in social and cultural life.

 

72. The Committee recommends that the State party:

 

(a) Adopt and implement the draft National Policy on Persons with Disability, which should include measures to educate the public about ways to prevent disability, and ensure that children’s rights are adequately integrated into the policy;

 

(b) Adopt and implement the draft National Child and Family Welfare Policy;

 

(c) Continue to strengthen efforts to combat discriminatory attitudes towards children with disabilities, particularly amongst children and parents, and promote their participation in all aspects of social and cultural life;

 

(d) Formulate a programme that includes appropriate teacher training in order to ensure that all children with disabilities have access to education, including vocational training, and that wherever possible they are integrated into the mainstream education system.


 

          Cyprus, CRC, CRC/C/132 (2003) 21 at paras. 139 and 140.

 

139. The Committee notes that the State party accords the utmost importance to education and is encouraged by the high enrolment rate, the increase in pre-primary education as well as international cooperation in this area. However, the Committee is concerned about the broad scope of special schools for children with physical, mental or emotional needs, which, inter alia, is not conducive to the integration of those children into mainstream schools.

 

140. The Committee encourages the State party to strengthen its efforts to include children with special needs, wherever possible, in mainstream schools, in accordance with article 23(3) of the Convention. In this respect, the Committee draws the attention of the State party to the Standard Rules on the Equalization of Opportunities for Persons with Disabilities.


 

          Sri Lanka, CRC, CRC/C/132 (2003) 48 at paras. 252, 253, 263 and 264.

 

252. The Committee notes with concern that societal discrimination persists against vulnerable groups of children, including children with disabilities, adopted children, children displaced by conflict, children infected with and affected by HIV/AIDS, and children of ethnic and religious groups.

 

253. The Committee recommends that the State party amend its legislation and increase its efforts to ensure the implementation of existing laws guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and to adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups.

...

263. The Committee is concerned that a significant number of children with disabilities, in particular girls, are not able to attend school and that not all special schools managed by NGOs [non-governmental organizations] are registered by the Ministry of Education, and they are concentrated in the more developed and urbanized Western Province.

 

264. In light of the recommendations of the Committee’s day of general discussion on the private sector as service provider and its role in implementing child rights in 2002 (see CRC/C/121), the Committee recommends that the State party:

 

(a) Ensure that all children with disabilities, particularly girls, have access to education by increasing spending and expanding special education programmes, including non-formal special education in rural areas, and by training teachers in mainstream education about special needs;

 

(b) Register and monitor all special schools run by non-State actors;

 

(c) Take all necessary measures to integrate children with disabilities into society and include them in cultural and leisure activities.


 

          Solomon Islands, CRC, CRC/C/132 (2003) 58 at paras. 321 and 322.

 

321. The Committee is encouraged by the introduction of the Community-based Rehabilitation Programme. However, it is concerned that:

 

(a) Children with disabilities living on remote islands may not have access to rehabilitation services, as these are based in the capital;

 

(b) Children with disabilities have no access to education;

 

(c) There is no specific governmental policy for children with disabilities;

 

(d) The terminology used by the State party to describe individuals with disabilities is inappropriate.

 

322. The Committee recommends that the State party:

 

(a) Undertake studies to determine the causes of, and ways to prevent, disabilities in children;

 

(b) In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the issue of “The rights of children with disabilities” (CRC/C/69, paras. 310-339), further encourage their integration into the regular educational system and inclusion into society, including by providing special training to teachers and by making schools more accessible;

 

(c) Undertake an awareness-raising campaign to sensitize the public about the rights and special needs of children with disabilities and introduce the appropriate terminology when addressing this issue, and include churches and local leaders in this activity;

 

(d) Develop rehabilitation services in remote island areas;

 

(e) Seek technical assistance for the training of professional staff working with and for children with disabilities from WHO, among others.


 

          Jamaica, CRC, CRC/C/132 (2003) 86 at paras. 417, 418, 432 and 433.

 

417. The Committee is concerned that:

 

(a) The Constitution of Jamaica does not fully reflect the provisions of article 2 of the Convention and, in particular, does not specifically prohibit discrimination on the grounds of the child’s or his or her parents’ or legal guardian’s language, religion, ethnic or social origin, property, disability, birth or other status;

...

(c) Children with disabilities are de facto discriminated against by the absence of specific guarantees for their integration into regular schools and are hindered, inter alia, by limited access to facilities;

...

418. The Committee recommends that the State party amend its legislation, including the Constitution, to ensure that it fully corresponds to the provisions of article 2 of the Convention and to ensure the full implementation of non-discrimination provisions, giving special attention to children infected with or affected by HIV/AIDS, children with disabilities, equality between boys and girls and racial discrimination.

...

432. While noting the progress made in the area of the rights of children with disabilities, including the work done in cooperation with NGOs and United Nations agencies and, inter alia, the adoption of the Copenhagen Declaration and Plan of Action of 1995, the Committee remains concerned that:

 

(a) The State party’s statistics on children with disabilities may be incomplete and, in particular, do not take into consideration all children with disabilities, as can be seen, for instance, in the fact that children with disabilities are not included in government children’s homes;

 

(b) There are insufficient resources and no specialized staff and institutions for children with disabilities, including day-care opportunities, as well as insufficient therapeutic and training programmes for children, parents and staff;

 

(c) There is no national system for early detection and intervention with regard to children with disabilities;

 

(d) Insufficient efforts have been made to facilitate the inclusion of children with disabilities into the educational system and society in general, including efforts to change traditional attitudes towards persons with disabilities and to improve access to information, medical facilities, etc.

 

433. The Committee recommends that the State party:

 

(a) Conduct a survey to identify the number of children with disabilities, including children in government children’s homes, as well as causes of and ways to prevent disability;

 

(b) In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage the integration of children with disabilities into the regular educational system and their inclusion into society, inter alia, by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible to children with disabilities;

 

(c) Establish a national system for early detection, referral and intervention including both increased government provisions via public institutions, and community-based as well as NGO interventions;

 

(d) Seek further technical assistance and cooperation for the creation of more effective specialized institutions, including day-care centres, and for the training of children with disabilities, their parents and professional staff working with and for children with disabilities.





 

          Kazakhstan, CRC, CRC/C/132 (2003) 129 at paras. 633-636.

 

633. The Committee welcomes the legislation relating to social, medical and educational support for children with special needs and is aware of the efforts of the State party to address the problems children with disabilities face, particularly relating to education, health and employment.

 

634. The Committee is deeply concerned by the information provided in the State party’s report that the number of children with disabilities (currently 49,800) has tripled in the past 12 years, and notes that national legislation includes children only up to the age of 16 in the category of disabled children.

 

635. The Committee is concerned at the prevailing poor situation of children with disabilities. In particular it is concerned:

 

(a) That in the Constitution, disability is not included in the list of grounds for protection from discrimination;

 

(b) At the practice of institutionalizing children with disabilities;

 

(c) At the lack of counselling and psychological care provided by the State for disabled children;

 

(d) At the lack of State support to families with disabled children;

 

(e) At the societal discrimination faced by children with disabilities;

 

(f) At the considerable reduction of privileges, including free medical care and prosthetics;

 

(g) At the considerable reduction in the resources allocated to residential homes;

 

(h) At the limited inclusion of, and access by, children with disabilities to various areas of daily life, in particular with regard to the education system.

 

636. In light of article 23 of the Convention, the Committee recommends that the State party:

 

(a) Undertake studies to determine the causes of and ways to prevent children becoming disabled;

 

(b) Consider amending legislation so as to include all children below the age of 18 years into the category of disabled children;

 

(c) Conduct public-awareness campaigns to raise awareness of the situation and the rights of children with disabilities and to counter negative attitudes which hamper the implementation of these rights. The promotion of their rights could further be advanced through, for instance, support to parents’ organizations and community-based services and a sustained programme to move children from institutions to a good family environment;

 

(d) Allocate the necessary resources for programmes, medicines and prostheses, trained staff and facilities for all children with disabilities, especially for those living in rural areas;

...


 

          Singapore, CRC, CRC/C/133 (2003) 84 at paras. 406, 407, 423 and 424.

 

406. The Committee is concerned that the principle of non-discrimination is restricted to citizens, that the Constitution does not expressly prohibit discrimination against women or persons with disabilities, and that societal discrimination against girls, children with disabilities and non-residents persists.

 

407. The Committee recommends that the State party amend its legislation to prohibit discrimination on the basis of gender or disability and ensure that it is applicable to all persons in the State party. The Committee further recommends that the State party undertake all necessary proactive measures to combat societal discrimination, in particular against girls, children with disabilities and non-residents, through, inter alia, public education and awareness campaigns.

...

423. While noting that special education services are widely available in the State party, the Committee is concerned that children with disabilities are not fully integrated into the education system...

 

424. The Committee recommends that the State party:

 

(a) Extend the Compulsory Education Act (2003) to include special schools and all children with disabilities;

 

(b) Facilitate greater integration and participation of children with disabilities into mainstream education and society at large, inter alia through an improvement in curricula and pedagogical services;

...




 

          Georgia, CRC, CRC/C/133 (2003) 111 at paras. 544, 545, 566, 567, 570 and 571.

 

544. The Committee welcomes the information provided in the State party’s report on the Children’s Parliament, the Children’s Forum and the Georgian Children’s Federation, as well as on the provisions of the Children’s and Youth Associations Act, and notes the resolution of the Children’s Parliament recommending representation of children with disabilities and children in institutions among its membership.

 

545. The Committee recommends that the State party continue and strengthen its efforts to promote and support these and other activities of children and in particular facilitate and support participation of children with disabilities and children in institutions.

...

566. ...[T]he Committee regrets that social benefits for children with disabilities are discontinued when they reach 16 years.

 

567. The Committee...urges the State party to extend payment benefits to all children with disabilities, including those between 16 and 18 years of age.

...

570. The Committee...is concerned that education is provided to mentally and physically disabled persons only in residential institutions, and that their number has significantly increased from 1997 to 2000, despite the general decline in the population.

 

571. The Committee urges the State party, taking into account its general comment No. 1 on the aims of education, pursue its efforts to ensure that all children enjoy the right to education consistent with articles 28 and 29 of the Convention, and that children with disabilities are integrated into the mainstream education in keeping with article 3 of the Convention...


 

          Guyana, CRC, CRC/C/137 (2004) 26 at paras. 137 and 138.

 

137. The Committee is concerned that, as noted by the State party, societal discrimination persists against girls and vulnerable groups of children, including children living in poverty, Amerindian children and children with disabilities, and that the Constitution does not prohibit discrimination on the grounds of disability.

 

138. The Committee recommends that the State party increase its efforts to adopt appropriate legislation, to ensure implementation of existing laws guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and to adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups.


 

          Armenia, CRC, CRC/C/137 (2004) 36 at paras. 220 and 221.

 

220. The Committee remains concerned at the prevailing poor situation of children with disabilities, who are often institutionalized. Furthermore, while noting the measures taken to enable children with disabilities to receive instruction within regular schools, the Committee regrets that access by children with disabilities to mainstream and special education remains limited.

 

221. Reiterating its previous recommendations, and in light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), the Committee encourages the State party to make greater efforts to implement alternatives to the institutionalization of children with disabilities, including community-based rehabilitation programmes. The Committee also encourages the State party to strengthen ongoing efforts to integrate children with disabilities into mainstream education. The Committee also reiterates its recommendation that awareness-raising campaigns focusing on prevention, inclusive education, family care and the promotion of the rights of children with disabilities be undertaken, and that adequate training be made available to persons working with these children.


 

          The Netherlands (Netherlands and Aruba), CRC, CRC/C/137 (2004) 63 at paras. 345, 346, 348, 349, 360 and 361.

 

345. ...In Aruba, the Committee is concerned about discrimination against children of migrant families, in particular, in accessing services and the fact that disability is not considered a ground for discrimination as defined by the Constitution.

 

346. The Committee...recommends that the State party ensure that children of migrant families in Aruba have equal access to education, health and other services and that there is legislation to protect children with disabilities against discrimination.

...

348. The Committee notes the information that euthanasia remains a crime under article 293 of the Penal Code, but which is not prosecuted if committed by a medical doctor who meets the criteria explicitly set out in article 293 (2) of the Penal Code and follows the procedures required by law and regulations. As this legislation is also applicable to children aged 12 years or older, requiring explicit and repeated requests from the child, and parental consent if the child is younger than 16 years, the Committee is concerned about the monitoring of such requests because controls are exercised after the request has been fulfilled and because some cases are not reported by doctors. The Committee is concerned about information that medical personnel have terminated the life of newborn infants with severe abnormalities.

 

349. With respect to the Human Rights Committee’s recommendations in this regard (CCPR/CO/72/NET, para. 5), the Committee recommends that the State party:

 

(a) Frequently evaluate, and if necessary revise, the regulations and procedures in the Netherlands with respect to the termination of life on request in order to ensure that children, including newborn infants with severe abnormalities, enjoy special protection and that the regulations and procedures are in conformity with article 6 of the Convention;

 

(b) Take all necessary measures to strengthen control of the practice of euthanasia and prevent non-reporting, and to ensure that the mental and psychological status of the child and parents or guardians requesting termination of life are taken into consideration when determining whether to grant the request;

...

360. The Committee welcomes the continuing efforts to integrate children with disabilities into the mainstream education system, in particular in the Netherlands. However, it is concerned that children with disabilities in the Netherlands spend a significant amount of time waiting to access services and programmes. In addition, the Committee is concerned that in Aruba, children with disabilities are not fully integrated into society.

 

361. In keeping with the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96 of 20 December 1993), the Committee recommends that the State party strengthen its efforts to integrate children with disabilities into mainstream education and everyday life by:

 

(a) Taking all necessary measures to eliminate waiting lists for services and programmes for children with disabilities in the Netherlands;

 

(b) Expanding education possibilities for children with disabilities in Aruba, including those with learning disabilities, at the secondary school level;

 

(c) Improving the physical accessibility of mainstream schools, leisure and recreational facilities, and other public buildings and spaces in Aruba;

 

(d) Undertaking awareness-raising campaigns to address prejudicial attitudes to children with disabilities, and promoting their full integration into society.




 

          Papua New Guinea, CRC, CRC/C/137 (2004) 94 at paras. 489 and 490.

 

489. The Committee is concerned that, as noted by the State party, societal discrimination persists against girls and women and vulnerable groups of children, such as children with disabilities, children living in poverty, children born out of wedlock, adopted children and children of mixed parentage, and that the Constitution does not prohibit discrimination on the grounds of disability.

 

490. The Committee recommends that the State party increase its efforts to ensure implementation of existing laws guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and to adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds, in particular against girls and all vulnerable groups.


 

          Slovenia, CRC, CRC/C/137 (2004) 104 at paras. 534, 573 and 574.

 

534. The Committee welcomes a number of positive developments in the reporting period, including:

...

(d) The adoption of the Family Earnings Act in 1999, under which the age for entitlement to a special childcare allowance was raised, so that a parent of a seriously ill child or a child with mental or physical disability who attends school will receive an allowance until the child or young person reaches the age of 26;

...

573. The Committee notes with concern that implementing measures based on the Law on Guiding Children with Special Needs, adopted in 2000, have still not been adopted and that, as a consequence, children with disabilities who are not enrolled in special institutions cannot take advantage of programmes provided for in the law. It is also concerned about the low enrolment of female children with disabilities in school.

 

574. In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on “The rights of children with disabilities” (CRC/C/69, paras. 310-339), the Committee encourages the State party to ensure the expeditious adoption of implementing measures concerning the Law on Guiding Children with Special Needs, and to address the low enrolment of female children with disabilities in school.





 

          El Salvador, CRC, CRC/C/140 (2004) 8 at paras. 47 and 48.

 

47. The Committee is concerned at the persistent discrimination faced in the State party by indigenous children, children with disabilities and girls.

 

48. In light of article 2 of the Convention, the Committee recommends that the State party intensify its efforts to prevent and eliminate all forms of de facto discrimination against indigenous children, children with disabilities and girls.


 

          Democratic People’s Republic of Korea, CRC, CRC/C/140 (2004) 111 at para. 514.

 

514. The Committee notes with appreciation the adoption of the following laws aimed at enhancing the implementation of the Convention:

 

(a) The Education Law, adopted in 1999, ensuring free compulsory education for 11 years, including for children with disabilities;

 

(b) The Law on the Protection of Disabilities, adopted in 2003, ensuring equal access for persons with disabilities to public places, transportation and public services;...

...


 

          France, CRC, CRC/C/140 (2004) 124 at paras. 627 and 628.

 

627. The Committee...is concerned that thousands of children with disabilities are deprived of their right to education.

 

628. The Committee urges the State party, taking into account its General Comment No. 1 on the aims of education, to pursue its efforts to ensure that all children enjoy the right to education consistent with articles 28 and 29 of the Convention, and that children with disabilities are integrated into mainstream education as far as possible, in keeping with article 3 of the Convention...


 

          Brazil, CRC, CRC/C/143 (2004) 10 at paras. 75 and 76.

 

75. The Committee notes that the 1988 federal Constitution establishes protection for the rights of persons with special needs, and welcomes the establishment of the National Council for the Rights of Persons with Special Needs (CONADE) and the National Coordination for the Integration of Persons with Special Needs (CORDE). Nevertheless, it remains concerned at the very poor living conditions of children with disabilities, their lack of integration in schools and society and at prevailing societal discriminatory attitudes towards them.

 

76. The Committee recommends that the State party:

 

(a) Establish an appropriate definition of disability and, on the basis of the definition, make a reassessment of the number of persons with disability, in order to formulate a comprehensive policy for children with disabilities;

 

(b) Take measures to eliminate physical and architectural barriers to the access and use of persons with disability to public buildings, transport, etc.;

 

(c) Take effective measures to collect adequate and disaggregated statistical data on children with disabilities and use such data in developing policies and programmes to prevent disabilities and to assist children with disabilities;

 

(d) Reinforce its efforts to develop early-detection programmes to prevent and remedy disabilities;

 

(e) Establish special education programmes for disabled children and include them in the regular school system to the extent possible;

 

(f) Undertake awareness-raising campaigns to sensitize the public, and parents in particular, about the rights and special needs of children with disabilities, including those with mental health concerns;

 

(g) Increase resources, both financial and human for special education, including vocational training, and the support given to families or children with disabilities;

 

(h) Take into account the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendation adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339);

 

(i) Seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities from, among others, UNICEF and WHO.


 

          Botswana, CRC, CRC/C/143 (2004) 25 at paras. 147 and 148.

 

147. While welcoming the formulation of a national policy on the care of people with disabilities, the Committee is concerned that children with disabilities are still discriminated against and often considered “an embarrassment” by their parents, are not adequately integrated in the society or in the mainstream school system and do not have adequate access to social services, including health care, especially those living in remote areas.

 

148. In the light of the Standards Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of the children with disabilities (CRC/C/69, paras. 310-339), the Committee recommends that the State party continue to strengthen its efforts to combat discriminatory attitudes towards children with disabilities, particularly amongst children and parents, and promote their participation in all aspects of social and cultural life. The State party should also ensure that all children with disabilities have access to health care facilities and education and, wherever possible, they are integrated into the mainstream education system.


 

          Kyrgyzstan, CRC, CRC/C/143 (2004) 50 at paras. 265 and 266.

 

265. While noting that the State party defines minors as those under 18 years of age, the Committee is aware that numerous legislative acts contain differing definitions for the cut-off age for a “minor”. The Committee is concerned that:

 

(a) Assistance to families with children with disabilities or children with HIV/AIDS is being provided only to children under the age of 16; and

 

(b) Children in special institutions for psychological care are being transferred to adult psychiatric hospitals at the age of 16.

 

266. The Committee recommends that the State party take the necessary legal measures to ensure that all persons under 18 year of age are guaranteed by law the special protection they are entitled to under the Convention.


 

          Angola, CRC, CRC/C/143 (2004) 78 at paras. 398 and 399.

 

398. The Committee is concerned at the discrimination faced by children with disabilities, girls, and children belonging to the San communities in the State party.

 

399. The Committee recommends that the State party take the necessary legislative measures to explicitly prohibit all forms of discrimination, in accordance with article 2 of the Convention. In this regard, it encourages the State party to include “disability” as a legally unacceptable ground for discrimination in the new constitution currently under consideration...


 

          Antigua and Barbuda, CRC, CRC/C/143 (2004) 93 at paras. 501 and 502.

 

501. While noting the existence of the State-run special programme, institutions and special units for children with disabilities and the “Early Intervention Programme” instituted in 1990, and the information that making public buildings accessible for persons with disabilities is under consideration, the Committee remains concerned at the lack of:

 

(a) A comprehensive government policy for children with disabilities;

 

(b) Legislation specifically addressing the rights of disabled children and adults;

 

(c) Quality in the delivery and management of services for children with disabilities; and

 

(d) Full integration of children with disabilities into the regular schooling system.

 

502. The Committee recommends that the State party:

 

(a) Establish a comprehensive policy for children with disabilities;

 

(b) Review the situation of these children in terms of their access to suitable health care, education services and employment opportunities, and allocate adequate resources to strengthen services for children with disabilities, support their families and train professionals in the field;

 

(c) In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage the integration of children with disabilities into the regular educational system and their inclusion into society, inter alia by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities;

 

(d) Ensure the accessibility not only of public buildings but also of the transport system for children with disabilities; and

 

(e) Seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities from, among others, UNICEF and WHO.


 

          Sweden, CRC, CRC/C/146 (2005) 8 at paras. 59 and 60.

 

59. The Committee welcomes the efforts taken to eradicate bullying, such as the incorporation into the Education Act (Skollagen - 1985:1100) and into the national curriculum of rules on action to counter bullying, as well as the 2001-2002 campaign against bullying, entitled “Together” (Tillsammans). However, the Committee notes that the rules still have to be fully implemented and that bullying against children with disabilities and of foreign origin continues to be a concern.

 

60. The Committee recommends that the State party, in its efforts to prevent and combat bullying, pay special attention to children with disabilities and of foreign origins, and that the rules for countering bullying are fully implemented in all schools and other institutions with the involvement of children.


 

          Albania, CRC, CRC/C/146 (2005) 19 at paras. 98, 99, 127 and 128.

 

98. ...[T]he Committee is concerned that discrimination persists in particular with respect to ethnic minorities, including Roma children, disabled children and children living in remote areas many of whom have reduced access to support and protection. The Committee regrets the lack of information on the efforts made by the State party to counter these forms of discrimination while noting statements that this is primarily a result of mentality and attitudes rather than lack of related legislation...

 

99. The Committee urges the State party to undertake concerted actions to develop and implement policies aimed at countering the various forms of discrimination in the country. This would include revision of existing legislation, introduction of comprehensive anti-discrimination legislation and conducting educational campaigns to address discrimination against the Roma and other minorities, as well as discrimination on grounds such as disability, sex, birth status or others.

...

127. The Committee welcomes the establishment of an inter-ministerial group to develop a National Strategy for Persons with Disabilities, but remains concerned at the large number of children with disabilities who are institutionalized, are not included in the mainstream education system, or are without education at all, and at the general lack of resources and specialized staff for these children. It is also concerned at the prevailing societal attitudes which are conducive to stigmatization of children with disabilities.

 

128. The Committee encourages the State party to actively pursue its current efforts and continue:

 

(a) To review existing policies and practices in relation to children with disabilities, taking due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96 of 20 December 1993, annex) and of the Committee’s recommendations adopted at its day of general discussion on “The rights of children with disabilities” (see CRC/C/69, paras. 310-339);

 

(b) To pursue efforts to ensure that children with disabilities may exercise their right to education to the maximum extent possible and facilitate their inclusion in the mainstream education system;

 

(c) To undertake greater efforts to make available the necessary professional and financial resources, especially at the local level, and to promote and expand community-based rehabilitation programmes, including parent support groups;

 

(d) To strengthen public awareness campaigns with a view to contributing to changing existing negative attitudes towards children with disabilities;

 

(e) To consider seeking technical cooperation from UNICEF and the WHO in this respect.


 

          Luxembourg, CRC, CRC/C/146 (2005) 36 at paras. 174, 176, 204 and 205.

 

174. While taking note with appreciation of the various programmes aimed at combating discrimination, including the appointment of intercultural mediators from the countries of origin of children of asylum-seekers, the Committee is concerned at the disparities in the enjoyment of rights experienced by children belonging to vulnerable groups, such as children with disabilities and refugee and asylum-seeking children.

...

176. The Committee recommends that the State party increase its efforts to ensure implementation of existing laws guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups.

...

204. The Committee is concerned about the fact that many children attend schools in neighbouring countries, apparently due to shortcomings in the school system of the State party. The Committee is also concerned about the information that educational facilities for children with behavioural problems and/or learning disabilities are limited in Luxembourg and that, in some cases, these children have been excluded from regular schools and located in facilities for mentally and physically disabled children.

 

205. The Committee encourages the State party to improve and/or expand the facilities and opportunities for education in the country. It further recommends that the State party take all necessary steps to put an end to the practice of placing children with learning disabilities and/or behavioural problems in facilities for mentally and physically disabled children.


 

          Belize, CRC, CRC/C/146 (2005) 59 at paras. 342 and 343.

 

342. The Committee expresses grave concern about the situation of children with disabilities and regrets that de facto discrimination against them still exists. The Committee notes with concern the lack of specific legislation which would ensure full and equal participation in social life, including access to social and health services, education, training, information and communication, rehabilitation, recreation and care, for children with disabilities. The Committee is concerned about the lack of basic services supporting children with disabilities and of adequate financial and human resources partially caused by the closing of the Disability Services Division, resulting in a situation in which the non-governmental organization CARE-Belize can only provide very limited services for children with disabilities. Furthermore, the Committee expresses its concern about the lack of statistical data on children with disabilities.

 

343. The Committee urges the State party, taking into account the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96 of 20 December 1993, annex) and the recommendations adopted by the Committee at its day of general discussion on “The rights of children with disabilities” (see CRC/C/69, paras. 310-339):

 

(a) To enact special legislation dealing exclusively with disability issues, including access to social and health services, rehabilitation, support services, physical environment, information and communication, education, recreation and sports, in order to achieve the objectives of full participation and equality for children with disabilities;

 

(b) To initiate and plan a comprehensive national policy for children with disabilities and to allocate the necessary financial and human resources to implement the plan;

 

(c) To consider the establishment of a national focal point on disability issues to strengthen coordination between governmental and non-governmental actors;

 

(d) To integrate education for children with disabilities into national educational planning and curriculum and to include children with disabilities in the mainstream school system to the extent possible, including by providing the necessary financial and human resources for the training of teachers;

 

(e) To disseminate information concerning the rights and potential of children with disabilities and to raise public awareness of disability;

 

(f) To collect adequate statistical data on children with disabilities, allowing for disaggregated analysis of the problems facing children with disabilities;

 

(g) To seek international assistance from, among others, UNICEF and WHO in this respect.


 

          Bahamas, CRC, CRC/C/146 (2005) 77 at paras. 398, 399, 415 and 416.

 

398. The Committee is concerned that societal discrimination persists against vulnerable groups of children, including children living in poverty, Haitian immigrant children and children with disabilities and that the Constitution does not prohibit discrimination on the grounds of disability.

 

399. The Committee recommends that the State party:

 

(a) Strengthen, in the current process of reforming the Constitution, the existing provisions on non-discrimination and ensure observance of the principle of non-discrimination in full compliance with article 2 of the Convention;

 

(b) Adopt further appropriate legislation (e.g. a separate law on non-discrimination);

 

(c) Adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups.

...

415. The Committee takes note of the 2000 Census Report, which provides mainly quantitative information but lacks specific details on persons with disabilities. The Committee is concerned at the societal discrimination experienced by children with disabilities, the inaccessibility of buildings and transportation for them and the absence of an inclusive policy. The Committee is particularly concerned that children with disabilities in less populated islands suffer particular disadvantage regarding access to services.

 

416. In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), the Committee recommends that the State party ensure the integration of these children into mainstream education. In this respect, the State party should take into account the principle of non-discrimination and accessibility to all services, including public buildings and transportation, and specifically address the situation of children in less populated islands.


 

          Togo, CRC, CRC/C/146 (2005) 104 at paras. 561 and 562.

 

561. While noting the installation of access ramps in hospitals for disabled and the promulgation on 23 April 2004 of the Act 2004/005 on the social protection of persons with disabilities, the Committee is concerned that children do not have access to health-care services in the first place. In addition, the Committee is concerned that:

 

(a) Only very few children with disabilities have access to education and employment services;

 

(b) Education programmes do not prioritize services for disabled children;

 

(c) There is no policy for the integration of children with disabilities.

 

562. The Committee recommends that the State party:

 

(a) Take all necessary measures, including appropriate allocation of human and financial resources, to ensure the thorough implementation of the Act 2004/005 on the protection of persons with disabilities;

 

(b) Ensure the collection and use of adequately disaggregated and comprehensive data in the development of policies and programmes for children with disabilities;

 

(c) Review the situation of these children in terms of their access to suitable health care, education services and employment opportunities;

 

(d) Adopt an integration policy, allocate adequate resources to strengthen services for children with disabilities, support their families and train professionals in the field;

 

(e) Take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities and of the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities;

 

(f) Seek assistance in this regard from, among others, UNICEF and WHO.





 

          Bolivia, CRC, CRC/C/146 (2005) 121 at paras. 618, 619, 638 and 639.

 

618. The Committee is deeply concerned about the significant disparities in the State party in the implementation of the rights enshrined in the Convention, reflected in a range of social indicators like enrolment in and completion of education, infant mortality rates and birth registration, indicating persistent discrimination against indigenous children, girls, children with disabilities and children living in rural areas.

 

619. In light of article 2 of the Convention, the Committee recommends that the State party intensify its efforts to prevent and eliminate all forms of de facto discrimination against indigenous children, children with disabilities, girls and children living in rural areas.

...

638. The Committee regrets the lack of official data on the number of children with disabilities in the State party and that children with disabilities continue to face various forms of discrimination. The Committee also notes with concern the lack of public assistance and special education for children with disabilities; the large number of children with disabilities who do not attend any form of school education, especially in rural areas; and the lack of an integration policy in general for these children.

 

639. The Committee recommends that the State party take all necessary measures:

 

(a) To address all issues of discrimination, including social discrimination and discrimination against children with disabilities in rural areas;

 

(b) To collect accurate statistical data on children with disabilities;

 

(c) To ensure and monitor the implementation of the Equality of Opportunity Act and Policy and to take into consideration the Standard Rules on the Equalization of Opportunities for Persons with Disabilities;

 

(d) To provide equal educational opportunities for children with disabilities, including by providing the necessary support and ensuring that teachers are trained to educate children with disabilities within regular schools.


 

          Nigeria, CRC, CRC/C/146 (2005) 135 at paras. 710 and 711.

 

710. The Committee reiterates its previous concern at the widespread discrimination against children with disabilities, both within the family and in society in general, especially in rural areas, and notes that many of the causes of disability in Nigeria are preventable. The Committee is particularly concerned at the lack of comprehensive government policy specifically addressing the rights of disabled children. The Committee is further concerned at the poor quality in the delivery and management of services for children with disabilities and the lack of sufficient funding for such services. The Committee is particularly concerned at the limited number of trained teachers and professionals working with children with disabilities, as well as the insufficient efforts made to facilitate their inclusion in the education system and the society in general.

 

711. In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities, the Committee recommends that the State party:

 

(a) Undertake a comprehensive study to assess the situation of children with disabilities in terms of their access to suitable health care, education services and employment opportunities;

 

(b) Establish a comprehensive policy for children with disabilities and allocate adequate resources to strengthen services for them, support their families and train professionals in the field;

 

(c) Reinforce its efforts to develop early detection programmes to prevent disabilities;

 

(d) Encourage the integration of children with disabilities into the regular educational system and their inclusion into society, inter alia by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities;

 

(e) Undertake awareness-raising campaigns to sensitize the public about the rights and special needs of children with disabilities, as well as children with mental health concerns; and

 

(f) Seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities from, among others, UNICEF and WHO.


 

          Saint Lucia, CRC, CRC/C/150 (2005) 10 at paras. 78 and 79.

 

78. The Committee is concerned about the lack of a national policy or legislation ensuring the right of children with all types of disabilities to the enjoyment of a full and decent life with the assurance of self-dignity and self-reliance.

 

79. The Committee recommends that the State party:

 

(a) Adopt a comprehensive policy for children with disabilities;

...

(c) Encourage the integration of children with disabilities into the regular educational system and their inclusion into society, inter alia, by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities;

 

(d) Seek technical assistance from, inter alia, UNICEF.


 

          Philippines, CRC, CRC/C/150 (2005) 24 at paras. 123, 124, 158 and 159.

 

123. Notwithstanding the measures taken by the State party to eliminate discrimination against children, inter alia, through the implementation of the provisions of the Child and Youth Welfare Code (Presidential Decree No. 603), the Family Code and the Special Protection of Children against Child Abuse, Exploitation and Discrimination Act and several programmes, such as the Third Elementary Education Programme, the Committee is concerned about discrimination faced by many children, in particular children living in poverty, children with disabilities, indigenous and minority children, including Muslim children living in Mindanao, migrant children, street children and children living in rural areas as well as children living in areas of conflict, as regards their access, inter alia, to social and health services and education...

 

124. In the light of article 2 of the Convention, the Committee recommends that the State party increase its efforts to ensure effective implementation of existing laws guaranteeing the principle of non-discrimination and adopt a proactive and comprehensive strategy to eliminate all forms of discrimination, including forms of multiple discrimination, against all vulnerable groups of children...

...

158. Welcoming the State party’s efforts to eliminate discrimination against children with disabilities and to promote their integration into society with equal opportunities, inter alia, by implementing the Programme on Community-based Rehabilitation, the Committee is concerned about the de facto discrimination faced by children with disabilities and their invisible role in society. The Committee notes with concern the inadequate implementation of domestic disability legislation, for example, the Magna Charta for Disabled Persons (Republic Act No. 7277 enacted in 1992) and the relevant provisions of the Child and Youth Welfare Code, particularly at the local level. The Committee is concerned that many children with disabilities live in poverty and their access to social and health services and education is limited. Furthermore, deeply rooted misbeliefs and prevailing prejudices against children with disabilities in Philippine society give cause for concern.

 

159. In the light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities (see CRC/C/69), the Committee recommends that the State party take all necessary measures to:

 

(a) Prevent and prohibit all forms of discrimination against children with disabilities and ensure equal opportunities for their full participation in all spheres of life by implementing the domestic disability legislation and the national Community-based Rehabilitation Programme and by including disability aspects in all relevant policymaking and national planning;

...

(c) Ensure that public education policy and school curricula reflect in all their aspects the principle of full participation and equality and include children with disabilities in the mainstream school system to the extent possible and, where necessary, establish special education programmes tailored to their special needs;

 

(d) Provide children with disabilities with access to adequate social and health services and the physical environment, information and communication;

 

(e) Strengthen its efforts to raise awareness on children with disabilities, including their rights, special needs and potential, in order to change negative attitudes, misbeliefs and prevailing prejudices against children with disabilities by initiating and supporting public information campaigns;

 

(f) Ensure that professionals working with and for children with disabilities, such as medical, paramedical and related personnel, teachers and social workers are adequately trained;

 

(g) Strengthen the functioning and activities of the National Council on the Welfare of Disabled Persons and cooperation with the National Federation of Organizations of Persons with Disabilities in the Philippines and the non-governmental organizations working in the field of disability issues;

 

(h) Seek technical cooperation with, among others, UNICEF and the World Health Organization (WHO).


 

          Bosnia and Herzegovina, CRC, CRC/C/150 (2005) 49 at paras. 227, 228, 246-248, 259 and 261.

 

227. The Committee is concerned that discrimination on grounds of ethnicity, political affiliation, national origin, social status, status as internally displaced persons or returnees, residence in rural areas and gender or disability continues to be widespread...

 

228. In accordance with article 2 of the Convention, the Committee recommends that the State party carefully and regularly evaluate existing disparities in the enjoyment by children of their rights and undertake on the basis of that evaluation the necessary steps to prevent and combat all discriminatory disparities. It also recommends that the State party strengthen its administrative and judicial measures to prevent and eliminate de facto discrimination against children, in particular children with disabilities, Roma children and children belonging to ethnic and/or religious minorities or other nationalities...

...

246. While the Committee welcomes the various legislative measures taken for the protection of children with disabilities, it notes with concern that discriminatory practices and prejudices still exist towards disabled persons, including children and that they lack sufficient medical care and educational opportunities.

 

247. While the Committee welcomes the new framework law on primary and secondary education (2003), which requires inclusive learning and integration of children with special needs into mainstream education, it regrets that, so far, the implementation of the law has been inconsistent.

 

248. The Committee encourages the State party to actively pursue its current efforts and to continue to:

 

(a) Review existing policies and practice in relation to children with disabilities, taking due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities and of the Committee’s recommendations adopted at its day of general discussion on children with disabilities (see CRC/C/69);

 

(b) Make efforts to detect disabilities within the educational system and ensure better evaluation of the overall needs of students with disabilities;

 

(c) Take concrete and specific measures to ensure that children with disabilities may exercise their right to education to the maximum extent possible and facilitate inclusion in the mainstream education system, including vocational education;

 

(d) Undertake greater efforts to make available the necessary professional (i.e. disability specialists) and financial resources, especially at the local level, and to promote and expand community-based rehabilitation programmes, including parent support groups;

 

(e) Strengthen public awareness campaigns to change negative public attitudes towards persons with disabilities.

...

259. The Committee is concerned that there exists extensive discrimination regarding access to education by ethnic and/or national minorities, especially Roma (only 33 per cent of whom attend primary school). Furthermore, the Committee is concerned that other marginalized groups of children, including refugees and returnees and children with disabilities face difficulties of access to schooling.

...

261. The Committee recommends that the State party:

...

(b) Take all necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented, in particular with regard to children belonging to the most vulnerable groups (i.e. minority groups, those living in poverty, refugee and returnee children, Roma children, children with disabilities, etc.);

...


 

          Nepal, CRC, CRC/C/150 (2005) 66 at paras. 316 and 318.

 

316. While noting that discrimination is prohibited under the Constitution and other relevant legislation, as well as the various efforts undertaken by the State party to eliminate discrimination, the Committee reiterates its deep concerns about the widely prevailing de facto discrimination against girls and children belonging to the most vulnerable groups such as the Dalit community, children belonging to indigenous or ethnic minority groups, refugee and asylum-seeking children, street children, children with disabilities and children living in rural areas. The Committee notes with grave concern that as a consequence of prevailing discriminatory attitudes, children belonging to vulnerable groups are particularly likely to fall victim to abuse and exploitation.

 

318. The Committee recommends that the State party increase its efforts to ensure implementation of existing laws guaranteeing the right to non-discrimination, and to adopt appropriate legislation, where necessary, to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2. In this regard, the Committee urges the State party to prioritize and target social services for children belonging to the most vulnerable groups, and to take all effective measures to ensure their protection from exploitation. The Committee encourages the State party to launch comprehensive public information campaigns to prevent and combat all forms of discrimination.





 

          Norway, CRC, CRC/C/150 (2005) 105 at paras. 493 and 494.

 

493. The Committee notes with concern that children with disabilities are limited in their participation in cultural and recreational activities.

 

494. The Committee recommends that the State party take all necessary measures to ensure that equal access to services, including cultural and recreational activities, is provided to children with disabilities taking into consideration the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339).


 

          Mongolia, CRC, CRC/C/150 (2005) 113 at paras. 556 and 557.

 

556. The Committee expresses its grave concern about the situation of children with disabilities and regrets that discrimination against them exists. While noting that the majority of services for children with disabilities exist in the urban area, the Committee is particularly concerned for children with disabilities living in rural areas of the country and the difficult socio-economic circumstances faced by them. While taking note of the laws regulating the rights of persons with disabilities and the National Programme for the Improvement of the Situation of Disabled Citizens, adopted in 1999, the Committee is concerned about the lack of effective policies, basic services and coordination supporting the children with disabilities. The Committee notes with concern the lack of a legal framework to provide children with disabilities with access to the physical environment. The Committee also notes with concern that the high number of children with disabilities have neither adequate access to social and health services nor to education. Furthermore, the Committee expresses its concern about the lack of adequate statistical data on children with disabilities and the existing prejudices against children with disabilities.

 

557. The Committee urges the State party, taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities (see CRC/C/69):

 

(a) To initiate and plan a comprehensive national policy for children with disabilities and to allocate necessary financial and human resources to implement the plan;

 

(b) To collect adequate and disaggregated statistical data on children with disabilities and to use such data in developing policies and programmes to promote their equal opportunities in society, paying particular attention to children with disabilities living in rural areas of the country;

 

(c) To prevent and prohibit all forms of discrimination against children with disabilities and to ensure equal opportunities for their full participation in all spheres of life;

 

(d) To take all necessary measures to include children with disabilities in the mainstream school system to the extent possible and, where necessary, to establish special education programmes tailored for their special needs;

 

(e) To take measures to provide children with disabilities with access to the physical environment, information and communication;

 

(f) To raise awareness, owing to the deeply rooted prevailing prejudices against children with disabilities in Mongolian society, of children with disabilities, including their rights, special needs and potential, in order to change negative public attitudes.


 

          Nicaragua, CRC, CRC/C/150 (2005) 132 at paras. 617 and 618.

 

617. The Committee is concerned that the country’s adult-centred culture and the high poverty levels, concentrated especially in rural, indigenous and Caribbean areas, prevent the full enjoyment of rights by children belonging to vulnerable groups, such as children with disabilities, indigenous children and children living in rural or remote areas.

 

618. The Committee recommends that the State party increase its efforts to ensure implementation of existing laws guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups throughout the country.


 

          Costa Rica, CRC, CRC/C/150 (2005) 149 at paras. 708 and 709.

 

708. The Committee notes the steps taken by the State party to strengthen the access to health services and information for children with disabilities, and train professionals working in public health institutions on the rights of disabled children, as well as the efforts to include children with disabilities in regular school, the prenatal and post-natal screening programmes. The Committee remains concerned, however, at the limited coverage of this progress to the economically disadvantaged and rural populations.

 

709. The Committee recommends that the State party continue to expand programmes for children with disabilities including the prenatal and post-natal screening programmes, and ensure their access, inter alia through mobile clinics, to economically disadvantaged people in rural areas. The Committee further recommends that the State party strengthen its policy to integrate children in regular schools.


 

          Yemen, CRC, CRC/C/150 (2005) 161 at paras. 762, 763, 783 and 784.

 

762. ...[T]he Committee is concerned at the disparities in the enjoyment of rights and at the social discrimination experienced by children belonging to the most vulnerable groups, inter alia, children who are also addressed as Akhdam children, children born out of wedlock, children with disabilities, street children and children living in rural areas.

 

763. The Committee recommends that the State party:

 

(a) Strengthen its efforts to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, particularly with regard to girl children, in accordance with article 2;

 

(b) Prioritize and target social services for children belonging to the most vulnerable groups, including those children referred as Akhdam children, children with disabilities, street children and children living in rural areas;

 

(c) Take all appropriate measures, such as comprehensive public education campaigns, to prevent and combat negative societal attitudes in this regard, particularly within the family;

...

783. While acknowledging the efforts made by the State party, the Committee remains concerned at the numerous problems faced by children with disabilities. It is particularly concerned at the lack of:

 

(a) Accurate disaggregated statistical data on children with disabilities;

 

(b) A comprehensive government policy for children with disabilities; and

 

(c) Integration of children with disabilities into the regular schooling system.

 

784. The Committee recommends that the State party:

 

(a) Collect accurate disaggregated statistical data on children with disabilities;

 

(b) Establish a comprehensive policy for children with disabilities;

 

(c) Review the situation of children with disabilities, in terms of their access to employment, education, housing and health-care facilities, and allocate adequate resources to strengthen services for children with disabilities, support their families and provide training for professionals in this field;

 

(d) Formulate a strategy, one which includes appropriate teacher training, to ensure that all children with disabilities have access to education, and whenever possible they are integrated into the mainstream education system;

 

(e) Ensure accessibility to all public buildings as well as to the transport system;

 

(f) Take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339); and

 

(g) Seek technical cooperation from, among others, UNICEF and WHO.



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