CRC/C/GC/9
Page 14
urges States parties to use the placement in institution only as a measure of last resort, when it
is absolutely necessary and in the best interests of the child. It recommends that the States
parties prevent the use of placement in institution merely with the goal of limiting the child’s
liberty or freedom of movement. In addition, attention should be paid to transforming
existing institutions, with a focus on small residential care facilities organized around the
rights and needs of the child, to developing national standards for care in institutions, and to
establishing rigorous screening and monitoring procedures to ensure effective
implementation of these standards.
48.
The Committee is concerned at the fact that children with disabilities are not often
heard in separation and placement processes. In general, decision-making processes do not
attach enough weight to children as partners even though these decisions have a far-reaching
impact on the child’s life and future. Therefore, the Committee recommends that States
parties continue and strengthen their efforts to take into consideration the views of children
with disabilities and facilitate their participation in all matters affecting them within the
evaluation, separation and placement process in out-of-home care, and during the transition
process. The Committee also emphasizes that children should be heard throughout the
protection measure process, before making the decision as well as during and after its
implementation. In this context, the Committee draws the attention of the States parties to the
Committee’s recommendations adopted on its day of general discussion on children without
parental care, held on 16 September 2005 (CRC/C/153, paragraphs 636-689).
49.
In addressing institutionalization, States parties are therefore urged to set up
programmes for de-institutionalization of children with disabilities, re-placing them with their
families, extended families or foster care system. Parents and other extended family members
should be provided with the necessary and systematic support/training for including their
child back into their home environment.
E. Periodic review of placement
50.
Whatever form of placement chosen for children with disabilities by the competent
authorities, it is essential that a periodic review of the treatment provided to the child, and all
other circumstances relevant to his or her placement, is carried out to monitor his or her well
being.
VII. Basic health and welfare
(arts. 6, 18 (3), 23, 24, 26, and 27 (1-3))
A. Right to health
51.
Attainment of the highest possible standard of health as well as access and
affordability of quality healthcare is an inherent right for all children. Children with
disabilities are often left out because of several challenges, including discrimination,
inaccessibility due to the lack of information and/or financial resources, transportation,
geographic distribution and physical access to health care facilities. Another factor is the
absence of targeted health care programmes that address the specific needs of children with
disabilities. Health policies should be comprehensive and address early detection of
disabilities, early intervention, including psychological and physical treatment, rehabilitation
including physical aids, for example limb prosthesis, mobility devices, hearing aids and
visual aids.