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. 19

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