A/HRC/40/27
according to their diversity without stigma is fundamental to building their autonomy and
self-esteem. Children should have access to such training so that they can develop
independence to be fully included and participate in society.
14.
For children with disabilities, understanding how their bodies function and to
acquire the skills necessary to take care of themselves has repercussions beyond their social
inclusion and development. For example, gender-based violence can be underreported
when young people with disabilities do not know the boundaries of their intimacy and,
consequently, do not denounce when such limits have been breached against their will.
Children with disabilities are often treated as children beyond reaching majority, and
commonly face infringements of their intimacy in family and institutional settings. Children
with intellectual and psychosocial disabilities are disproportionately affected by this
phenomenon. Sexuality education builds understanding of their own bodies as well as
confidence to identify their own limits, and thus helps to prevent abuse and facilitate their
healthy transitioning from childhood to adolescence and adulthood.
C.
Participation of children with disabilities in decisions affecting them
15.
All children, including children with disabilities, are entitled to participate in public
decision-making and measures that affect their lives. 10 Both the Committee on the Rights of
the Child and the Committee on the Rights of Persons with Disabilities have emphasized
that there is no limitation on the scope of proceedings in which the child can be heard. 11
This should include not only issues that can be described as “disability-related” (for
example, deinstitutionalization, disability benefits, personal assistance, accessibility
requirements or reasonable accommodation policies), but also issues that affect all children
(such as family and support services, education, health, access to justice, social and
environmental protection urban planning, public resource allocation, transport, or school
design). Article 4, paragraph 3 of the Convention on the Rights of Persons with Disabilities
explicitly refers to the obligation of States to “closely consult with and actively involve
persons with disabilities, including children with disabilities, through their representative
organizations” in the development and implementation of legislation and policies and other
decision-making processes concerning them.
16.
The Committee on the Rights of Persons with Disabilities has explained that
“representative organizations” are organizations that are led, directed and governed by
persons with disabilities. They include organizations and initiatives of children and young
persons with disabilities that are fundamental for the participation of children in public and
community life and for their right to be heard and their freedom of expression and
association.12 The Committee has emphasized that adults have a key and supportive role to
play in enabling children and young persons with disabilities to establish and act, formally
or informally, within their own organizations and initiatives. The State is responsible for
creating an enabling environment for the establishment and functioning of child-led
organizations, including by increasing public resources to enable them to fulfil their role
under the Convention.13 These spaces should allow children to safely explore and express
their views without criticism or punishment. Particular attention should be paid in this
regard to the inclusion of the most marginalized groups and girls with disabilities, and the
constituencies or representative organizations of persons with disabilities representing
specific impairment groups.
17.
Many States are already implementing good practices in this regard. For example, in
its submission, the Plurinational State of Bolivia explained that the Ministry of Education
coordinates actions with organizations led by persons with disabilities in order to strengthen
their participation, representation and co-responsibility within the community. In this
10
11
12
13
Committee on the Rights of the Child, general comment No. 12, para. 87.
Ibid., para. 32.
Committee on the Rights of Persons with Disabilities, general comment No. 7, para. 12 (f).
See CRPD/C/GAB/CO/1, para. 9, CRPD/C/KEN/CO/1, para. 8, CRPD/C/AUS/CO/1, para. 13
and CRPD/C/HUN/CO/1, para. 14.
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