CHILD Protection & Rights > Protection Issues

Protecting Children With Disabilities From Vulnerability And Discrimination

1. The Status of children with disabilities

Sources: UNICEF, UNDP, World Bank, CRIN.

Disability is a source of stigma for the child and his/her family. They are ostracized and looked down upon by the community. Children with physical, psycho-social, intellectual or sensory impairments encounter in their daily lives a combination of social, cultural, behavioral and physical barriers. Those suffering from mental illness or mental retardation are subject to the worst stigma and severe social exclusion.

Children with impairments are particularly exposed to discrimination from individuals, community and institutions that fail in their obligation to protect them and to include them in society. They have little or no access to basic social services, especially education and health . The majority of these children (about 90%) remains out of school and is completely illiterate.

In daily life, their abilities and capacities are underestimated and their needs are given low priority. Their civic, social and political rights are violated or neglected in almost all areas of their lives and they are for example largely deprived of personal freedoms as well as of effective and full participation in family life and in society.

They are also especially vulnerable to neglect, physical abuse, sexual violence, exploitation and they lack recognition of their equal humanity by their families and communities. They are less likely to obtain preventive care police intervention or legal protection.

Girls with disabilities suffer still further discrimination , experiencing exclusion on account of their gender and their disability. They are more likely to be abandoned, discriminated against, and excluded from education, marriage and motherhood. They are also particularly vulnerable to all kinds of abuse.

The situation of these children is slightly improving, but there are still severe gaps both between and within countries. In many countries, local groups and NGOs have joined forces to create regional or national organisations that have lobbied for reform and changes to legislation. However many countries have not enacted protective legislation at all and physical barriers to their integration remain.

2. What are the preventable causes and factors of disability

The majority of factors for disabilities are genetic, biological and birth defects . They are also largely preventable when they are linked to natural disasters and war, lack of health care and poverty. It is possible to reduce the secondary impacts of disabilities in promoting early intervention.

The most significant causes of disability include:

- Communicable disease;

- Insufficient or inaccessible health care services and inadequate sanitation;

- Natal complications such as lack of oxygen to the foetal brain, haemorrhage or precipitate birth;

- Early motherhood and lack of required care of the mother during her pregnancy;

- Infection in early childhood like meningitis, encephalitis, polio or head injuries;

- Nutritional deficiencies;

- Consanguineous marriages;

- Use of toxic drugs.

Several protection issues may increase risk of disability, such as trafficking, physical abuse and corporal punishment, sexual abuse and sexual exploitation of children. Children living on streets or without any parental care are also particularly exposed to accidents causing physical disability.

3. Situation in India

- Facts and figures.

The Indian Census 2001 reports that 21.9 million persons in the Indian total population (2.13%) are disabled, and that 1.67% of the total population within the age-group 0-19 years (7 million) are living with disability. This data includes persons with visual, hearing, speech, physical and mental impairments.

Of all persons with disability, 35.9% are in the 0-19 age-group.

One in every 10 children is born with, or acquires, a physical, mental or sensory disability.

75% of the disabilities are preventable.

Only 1% of children with disability have access to education.

Hardly 50% of disabled children reach adulthood, and no more than 20% survive to cross the fourth decade of life.

However some other estimates state that India has some 40 to 80 million persons living with disability. Even today, data related to disability among adults and children varies from one source to another. Lack of reliable figures regarding children living with disabilities and the different types of disabilities they face has been an obstacle in planning and making adequate interventions. This illustrates the insignificance accorded to the lives of the disabled children. There is a need for a more accurate data collection and for harmonizing definitions of disability in government surveys and the Indian census.

- Vulnerability of children with disabilities.

Indian society continues to treat disability with indifference, pity or revulsion. Low literacy, school enrolment and employment rates as well as widespread social stigma are making disabled people among the most excluded in Indian society and deter them from taking an active part in the family or community. Among them, disabled from birth, disabled children and disabled women are less likely to seek health care.

There is also stark regional disparity. In general, states that lack social, welfare and health services also fail to care children with disabilities. Those suffering from mental health disorders face the worst stigma and social exclusion. Mental illness account for nearly a sixth of all health-related disorders but India spends less than 1% of its total health budget on mental health.

Despite years of public intervention, a growing disability rights movement and one of the most progressive policy frameworks for persons with disabilities, only a few disabled people have access to aids and appliances. India falls short in implementation and in accountability of public funds devoted to disability, lacks resources and strong monitoring mechanisms. Poor enforcement of the existing legislation means that disabled people in India continue to be discriminated against in terms of access to basic services and opportunities.

A large number of disabilities in India are preventable, including those arising from malnutrition, accidents and injuries as well as medical issues during pregnancy or birth. However, the health sector most of the time is too weak to react on time or proactively to disability, especially in the rural areas. There are few special services for disabled children. Paediatric units at government hospitals are incapable of dealing with children with disabilities as they lack infrastructure and resources. Very little research has been done in the areas of mental or physical disability.

Children with disabilities are 4 to 5 times less likely to be enrolled in school. If they remain in school, they rarely progress beyond primary levels. The main barriers they face to access school include: lack of specialised teachers for both physically and mentally challenged children, absence of teacher training programmes, absence of disabled-friendly infrastructure, including ramps, special chairs and toilet facilities as well as the mockery of adults and other children .

People with disabilities are generally considered ineligible to marry to people without disabilities unless "adjusted" by high dowry. Disabled girls are usually married to older men, leading to a higher incidence of widowhood.

4. International and National Framework

- International Framework:

The United Nations Convention for the rights of children has special provisions for disabled children. Article 2  (link with UN CRC, pdf doc) provides all children with the enjoyment of all rights and freedoms set out in the UN CRC, including for children with disability.

Article 23  (link with UN CRC, pdf doc) sets out their right to special care, education and training.

A Special Rapporteur on Disability of the UN Commission for Social Development was also appointed in 1994. 

In 1997 the Committee of the right of the child (internal links with the part Child Portection and Child Right/Operational mechanisms/ International level/The Committee) devoted its Day of General Discussion to children with disabilities. It resulted in an elaborated set of recommendations .

In October 2006, the Committee on the Rights of the Child published a General Comment on "The Rights of Children with Disabilities." This General Comment provides guidance and assistance to States parties in their efforts to implement the rights of children with disabilities and the provisions of the Convention for the rights of children.

To read the General Comment Number 9 on "The Rights of Children with Disabilities", please go to:

http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CRC.C.GC.9.En?OpenDocument

On 13 December 2006, the United Nations General Assembly adopted a new Convention on the rights of persons with disabilities. It adopted also the same day an Optional Protocol on the rights of persons with disabilities.

India signed the Convention on 30 th March 2007 and ratified it on 1 st October 2007.

The Convention introduces a specific article on awareness-raising to promote respect for the dignity of people with disabilities and new obligations on government and non government actors to take all the necessary measures to ensure that the rights of disabled are fulfilled. It recognizes the rights of disabled people to participation in their community (Article 19), to equal participation in public, political (Article 29) and cultural life (Article 30).

The Convention also includes specific provisions for children with disabilities referring to the respect for the evolving capacities of children and to their right to preserve their identities. It provides them with the same rights and freedoms as all children, with particular reference to the rights to be protected from exploitation, violence and abuse; to express their views on all issues which affect them (Article 7) and to access to justice (Article ???)

Measures must be taken to ensure that children with disabilities are registered immediately after birth as well as to provide rehabilitation services and specific legislation to ensure that violations of their rights are identified and effectively investigated.

Children with disabilities should be provided with all necessary support and technical aids to access to general education as well as with equal access to participation in play, recreation, and sporting activities.

Power Point, Convention in brief. UN Website on persons with disabilities:

http://www.un.org/disabilities/documents/ppt/crpdbasics.ppt

To read more on the Convention, go to: http://www.srdisability.org/en/aboutus.html

http://www2.ohchr.org/english/issues/disability/intro.htm

http://www.crin.org/themes/ViewTheme.asp?id=5

- National Framework:

The Persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

This Act provides for both preventive and promotional aspects of rehabilitation such as education, vocational training, job reservation, research and manpower development, creation of barrier-free environment, rehabilitation of persons with disability , special insurance scheme for the disabled employees and establishment of homes for persons with severe disability, etc.

http://www.disabilityindia.org/pwdacts.cfm

The Mental Health Act, 1987.

This Act consolidates and amends the Indian Lunacy Act, 1912 relating to the treatment and care of mentally ill persons, with a clear aim to making better provision with respect to the management of their properly and affairs .

http://www.disabilityindia.org/mentalact.cfm

National Policy for persons with Disabilities, 2006.

The National Policy recognizes the dignity of persons with disabilities and seeks to create an environment that provides them protection of their rights and freedoms as well as full participation in society. It focuses especially on prevention of disability, rehabilitation measures, education, protection of children and women with disabilities.

http://www.disabilityindia.org/nationalpolicyfordisable.cfm

A list of Regional Conventions, Declarations or National Legislations adopted in different countries on Disability is available on CRIN website: http://www.crin.org/Law/find.asp?keyList=27

5. Some Initiatives developed to tackle Child disabilities

A real political will and a strong social commitment are necessary to investigate and put into practice the most effective initiatives to prevent discrimination against children with disabilities as well as to act to reduce disabilities with the participation of all levels of society. Children with disabilities have special needs that society must address.

Disability can be gradually addressed through a range of methods, including information, advocacy and family counselling, strengthening policy and facilitating access to medical or psychological services. This includes preventive health programs, early detection and screen of all children at a young age. The quantity and quality of these medical infrastructures have to be developed.

Efforts to address discrimination against children with disabilities must include initiatives to ensure their full integration by overcoming stigma, promoting newer thinking and better understanding of disability. Workshops, local campaigns as well as publications or TV spots are useful tools to increase awareness and understanding of disability. These initiatives against discrimination may also have the positive effect of preventing the development of discriminatory attitudes towards those with disabilities in future generations. It is essential to develop awareness actions especially among disabled children and their families as well as among health professionals, teachers, in schools and communities.

There is a need to spread awareness of the existing laws, to ensure their implementation, to develop more disability-friendly facilities and programs and to favour a better coordination of the existing programs.

A specialized education for children with intellectual or sensory disabilities is necessary as a specific t eacher's training programs. Education is important for them as it contributes to their overall development. Through appropriate teaching and training they can even be taught life-supporting skills, which can provide them an opportunity to earn a decent living.

It is indeed of utter importance to empower disabled young adults with employable skills and to encourage the private sector to employ people with disabilities. The question of children with disabilities living in poverty should also be addressed by allocating adequate budgetary resources as well as by ensuring their access to social protection and poverty reduction programmes.

The link between disability and protection must be recognized and adequate support services should be provided for those who are disabled in the various fields of health, nutrition, technology, education, employment, sports or culture. Various government and non-government organizations are committed in these initiatives.

A primary object is to promote access to social services for children with disabilities, so that they are encouraged to become functionally independent through opportunities of medical rehabilitation, education, vocational training and socio-economic rehabilitation. It is also necessary to help children with disabilities to become active participants in their family or community.

6. Resources

Some organizations:

- Census of India . Figures on Disability: http://www.censusindia.net/results/disabled_main.html

- Children's disabilities information: http://www.childrensdisabilities.info/

- CRIN: http://www.crin.org/themes/ViewTheme.asp?id=5

- Disability India Network: http://www.disabilityindia.org

- Disability word ( A web magazine of international news and views on disability) : http://www.disabilityworld.org/index.htm

- Office of the United Nations High Commissioner for Human Rights - Disability:

http://www2.ohchr.org/english/issues/disability/intro.htm

- Rehabilitation Council of India : www.rehabcouncil.nic.in

- UN - Disabilities: http://www.un.org/disabilities/

- UN - Secretariat for the Convention on the Rights of Persons with Disabilities : http://www.un.org/esa/socdev/enable/rapporteur.htm

- UN - Special Rapporteur on Disability: http://www.srdisability.org/en/aboutus.html

- UNICEF - Voices of Youth: http://www.unicef.org/explore_3888.html

- UNICEF - Statistics: http://www.childinfo.org/areas/childdisability/

- The children's Society: http://sites.childrenssociety.org.uk/disabilitytoolkit/

Some publications:

- Subgroup Report on Child Protection for the 11 th Five Year Plan (2007-2012). Ministry of Women and Child Development. Disabilities, p.45-51. Available online:

http://wcd.nic.in/wgchilprotection.pdf

- Child Protection: A Handbook for Teachers. Ministry for Women and Child Development, 2006.

Available online: http://wcd.nic.in/ then publications .

- UNICEF Summary Report on violence against disabled children. Available online:

- Promoting the Rights of Children with Disabilities, UNICEF Innocenti research Center, 2007.

http://www.unicef-irc.org/publications/pdf/digest13-disability.pdf

- Disability: From Exclusion to Equality - realising the rights of persons with disabilities. 2007.

Handbook for Parliamentarians on the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol. Available online: http://www.un-ngls.org/site/article.php3?id_article=363

- Country Profile on disability India, World Bank, 2002.

Click Here

- People with disabilities in India from commitment to realisation. World Bank. 2007.

http://siteresources.worldbank.org/INDIAEXTN/Resources/295583-1171456325808/DISABILITYREPORTFINALNOV2007.pdf