A/HRC/40/27
I. Introduction
1.
In its resolution 37/20, the Human Rights Council requested the United Nations
High Commissioner for Human Rights to prepare a report on the theme of empowering
children with disabilities for the enjoyment of their human rights, including through
inclusive education, and to present it to the Council at its fortieth session with a view to
providing information for the annual full-day meeting on the rights of the child.
2.
Children with disabilities hold the same rights as all children, and their
empowerment depends upon the realization of those rights. Recognition and respect for a
child’s agency as a participant in the family, community and society is frequently
overlooked, or rejected as inappropriate across cultures and regions. Children with
disabilities face a range of intersecting barriers to the enjoyment and exercise of their rights
due to their gender, age, impairment, colour, race, ethnic or social origin and religion,
among other grounds. From birth, children with disabilities face a greater risk of not being
registered nor counted, being denied education and equal opportunities of play and
inclusion in the community. Compared to other children, they are more likely to be placed
in institutions and to be exposed to violence in those settings, as well as in the home, at
school and in the community at large. The rights violations that children with disabilities
experience are intensified by the barriers that they face in claiming their rights, including
their right to participation, to express their views and be heard in decision-making, and in
their access to justice.
3.
Although “empowerment” has not been defined by international human rights law, it
is widely understood as a term that covers a broad range of measures aimed at achieving
self-determination and full participation in society. Empowerment is about enabling each
individual to take hold of their own inherent power to shape their life and the life of their
community. It is also about avoiding and eliminating measures and practices that have the
effect of diminishing, ignoring or dismissing one’s power in this same respect. In the
present report, the High Commissioner addresses the empowerment of children with
disabilities in terms of supporting and fostering their agency, and equipping them with the
competences, knowledge and environments to enable them to determine the direction of
their own lives and of the life of their community, particularly in the exercise of their rights
and in matters concerning them.
4.
A robust legal and policy framework, increased understanding and awareness of the
rights of children with disabilities, and the implementation of good practices for inclusion
and participation can help to empower children with disabilities to enjoy their rights in full
and on an equal footing with other children. Their inclusion in education is one crucial
element of such empowerment and a central pathway to enabling their active involvement
in the community and in decisions and policies that affect them. Children with disabilities
can be empowered by system-wide measures to eliminate discrimination and harmful
stereotypes, protect them from violence and abuse, ensure their right to live in their
community supported by their families in their empowerment, and ensure effective
monitoring, accountability and access to justice.
5.
For the preparation of the present report, the Office of the High Commissioner
addressed a note verbale to all Member States requesting their input. The Office received
written contributions from 25 States. It also received submissions from a number of civil
society organizations, United Nations agencies and other international entities, including
the United Nations Children’s Fund (UNICEF) and the Special Representative of the
Secretary-General for Children and Armed Conflict. 1
1
2
See www.ohchr.org/EN/Issues/Children/ThematicReports/Pages/ChildrenWithDisabilities.aspx.
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