A/HRC/40/50
128. Promoting the social inclusion of children with disabilities and their genuine access
to basic social services of quality, including education and health-care services, is key,
alongside the provision of strong support for family-based and community-based care as
well as of measures to prevent the risk of placement in institutions.
129. In all these efforts, attention must be given to children’s right to be heard. Indeed,
ensuring ethical and meaningful participation is a prerequisite for crafting an effective
approach to promoting the rights of children with disabilities and addressing their mental
health conditions.
130. But no less important is setting up counselling, complaint and reporting mechanisms
to address the violation of their rights, including to freedom from violence.
131. This is an area where much remains to be done. Still too often, children lack
information about where to go to obtain advice and assistance, and they fear being
disregarded rather than believed, and judged rather than being seriously listened to. For
children with disabilities, these challenges often become overwhelming.
132. Not only may getting access to counselling, reporting and complaint services be
physically difficult for these children, but they may also be less able than others to escape
the threat of violence or to report abuse, especially when the abuser is someone they depend
on, be it a family member, a neighbour or a professional care worker. In such cases, child
victims may be unwilling to complain, fearing that if they do so they will lose the support
of caregivers, and the attention and affection of those on whom they rely.
133. Furthermore, incidents of violence reported by children with disabilities run the risk
of being easily dismissed, as there is a prevailing perception that these children become
easily confused and unable to provide a convincing and accurate testimony.
134. In many cases, the justice system is not child-friendly or disability-sensitive. The
challenges faced by a child with visual impairment in identifying a sexual offender
illustrate this well. In several countries, additional barriers exist when the legal system fails
to recognize the testimony of children with disabilities in court and prevents them from
testifying under oath or signing legal documents. At the same time, there is often limited
knowledge and exclusionary attitudes on the part of those involved with the administration
of justice, including judges, lawyers, the police, social workers and psychologists. 39
135. It is critical to be responsive to the needs of children with disabilities, with specially
adapted accommodation and individualized support, including through sign language for
hard-of-hearing persons, and alternative forms of communication for children with mental
disabilities.
136. And it is essential that children with disabilities enjoy easy and safe access to childand disability-sensitive institutions and proceedings to report incidents of violence, to seek
advice and support, and to allow their views and voices to be heard. Mechanisms such as
child helplines and independent human rights institutions for children play a critical role in
this regard, as a report by the European Network of Ombudspersons for Children 40
illustrates.
137. Children with disabilities have for too long been left behind. But building on
experience and young people’s recommendations, they can take their place at the forefront
of global priorities and enjoy the respect, empowerment and support that are their human
rights.
39
40
See www.mdac.org/en/resources/access-justice-children-mental-disabilities-standards-and-findingsenglish-0.
See http://enoc.eu/wp-content/uploads/2018/04/ENOC-Report-on-child-and-adolescent-mentalhealth-GA.pdf.
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