A/HRC/40/27
as awareness-raising, decision-making, access to justice, freedom from abuse and
exploitation, inclusive education, among others, are also needed.
7.
Situations of humanitarian emergency
49.
In situations of humanitarian emergency, children with disabilities are less likely to
have access to humanitarian aid, such as food and medicines, or to receive an education
than other children;37 girls with disabilities are also less likely to attend school in refugee
camps than boys with disabilities. 38 The Committee on the Rights of Persons with
Disabilities has recognized that situations of armed conflict, humanitarian emergencies and
natural disasters have a disproportionate impact on the rights of children with disabilities,
and has called upon States parties to adopt inclusive disaster risk reduction strategies in
their humanitarian responses (see CRPD/C/NPL/CO/1, para. 20 and CRPD/C/OMN/CO/1,
para. 24). Children should have access to humanitarian aid as a priority, and enjoy equal
access to inclusive education as other children in situations of humanitarian emergency.
Their views and realities should be taken into consideration in the different governing
structures in camps and emergency settlements.
50.
Learning environments, whether they are set up as a temporary measure or continue
in a protracted crisis, must ensure the right of children with disabilities to education on the
basis of equality with others. Furthermore, measures should be taken to ensure that learning
environments are safe and accessible for girls with disabilities, within the classroom but
also on the way to and from school. Learners with disabilities must not be denied access to
educational establishments on the basis that evacuating them in emergency situations would
be impossible, and reasonable accommodation must be provided.39
V. Conclusions and recommendations
51.
Children with disabilities hold the same rights as all children, and their
empowerment is essential to the realization of their rights. Yet they often encounter
significant barriers in exercising and having access to these rights, such as stigma and
stereotypes due to their age, gender, impairment or other factor. International human
rights law, particularly the Convention on the Rights of the Child and the Convention
on the Rights of Persons with Disabilities, provides a robust framework for the
empowerment of children with disabilities through a broad range of measures aimed
at fostering personal and public decision-making, ensuring their full inclusion in
education and in the community, protecting them against abuse, exploitation and
violence, raising awareness and ensuring their access to justice. States should embrace
these obligations to promote the empowerment of children with disabilities and their
full participation in society.
52.
In the light of the above conclusions, the United Nations High Commissioner
for Human Rights recommends that States and other stakeholders:
(a)
Recognize and implement through the legislative and policy framework
the right of children with disabilities to be heard, regardless of their impairment, age
or manner of communication, on all matters affecting their lives and within public
decision-making, including in situations of humanitarian emergency, and ensure that
information and support are accessible and made available in a manner that respects
their evolving capacities and strengthens their independent decision-making;
(b)
Adopt and implement in the legislative, policy and budgetary framework
the right to inclusive education, ensuring equal access of children with disabilities to
mainstream schools, including by means of a non-rejection policy; individual
education plans; the provision of reasonable accommodation; accessibility of
educational environments and materials; the provision of adapted educational
materials, assistive devices, information and communications technology and support;
37
38
39
14
See UNICEF, Guidance: Including children with disabilities in humanitarian action, p. 13.
See Women’s Refugee Commission, Disabilities among Refugees and Conflict-Affected Populations,
2008.
Committee on the Rights of Persons with Disabilities, general comment No. 4, para. 14.
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