A/HRC/40/27
9.
The Convention on the Rights of the Child thus reinforces the obligation of States to
recognize and respect the evolving capacities of children with disabilities and to provide
support to strengthen their capacities to enable independent decision-making. In its general
comment No. 20 (2016) on the implementation of the rights of the child during
adolescence, the Committee on the Rights of the Child called for the provision of supported
decision-making for adolescents with disabilities in order to facilitate their active
participation in all matters concerning them. Direction and guidance should be offered in a
child-centred way, through dialogue and example, in ways that enhance young children’s
capacities to exercise their rights, including their right to participation. 7 In this respect,
article 7 of the Convention introduces an explicit requirement that children with disabilities
must be provided with disability- and age-appropriate assistance to realize their right to be
heard.
10.
Examples of specific support and accommodation that children with disabilities may
require include sign language interpretation, Easy Read format, Braille, tactile
communication, communication software, gesture to voice conversion technology and
personal digital assistants. Non-verbal forms of communication, including play, body
language, facial expressions and drawing and painting, must also be recognized and
respected. For instance, expression through art has been successfully used to explore the
perspective of children with disabilities who do not communicate verbally. It may require
time to build an appropriate communication method as, for example, in the case of children
with autism or multiple impairments, whose communication may have to be facilitated
through specific means.
11.
The requirement to involve the child in all matters affecting them must be
interpreted broadly. 8 The child’s views should be sought and taken into account in all
decisions and proceedings affecting them, and their right to be heard should be consistently
applied by all those concerned, including parents, teachers, caregivers, medical
professionals, social workers, administrators, judges, lawyers, parliamentarians and others.
This is particularly important in those areas where children with disabilities are more likely
to be subjected to human rights violations, for example, in relation to enjoying and
exercising their rights to family, to live and be included in the community, to freedom from
abuse, exploitation and violence, and to access to justice and inclusive education, among
others.
B.
Enabling children with disabilities to decide on their own lives
12.
Children with disabilities must have a say on where and with whom they want to
live. They must be enabled to meaningfully participate in all decisions relating to their care
arrangements, including proceedings concerning removal from parents or placement in
alternative care.9 In its general comment No. 7 (2018) on the participation of persons with
disabilities, including children with disabilities, through their representative organizations,
in the implementation and monitoring of the Convention, the Committee on the Rights of
Persons with Disabilities recommended that States ensure consultations with and the active
involvement of children with disabilities in the adoption of all plans and strategies as well
as for follow-up and monitoring when implementing the right to independent living in the
community. Family law and policies should moreover include provisions to support and
educate the parents of children with disabilities on their responsibility to involve their
children in decisions affecting them.
13.
Empowerment implies that children with disabilities exercise specific skills that are
generally not acquired in family settings where there is no experience relating to living with
an impairment. Furthermore, the needs arising from particular impairments may not relate
to existing knowledge in their communities, and children may require specific training in
order to manage their day-to-day needs. Learning how to manage their own bodies
7
8
9
4
Committee on the Rights of the Child, general comment No. 5, para. 17.
Committee on the Rights of the Child, general comment No. 12, paras. 26 and 27.
Ibid., paras. 53, 54 and 97.
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