CRC/C/GC/9
Page 3
of the Convention, the Committee states from the outset that the implementation of the
Convention with regards to children with disabilities should not be limited to these articles.
6.
The present general comment is meant to provide guidance and assistance to States
parties in their efforts to implement the rights of children with disabilities, in a
comprehensive manner which covers all the provisions of the Convention. Thus, the
Committee will first make some observations related directly to articles 2 and 23, then it will
elaborate on the necessity of paying particular attention to and including explicitly children
with disabilities within the framework of general measures for the implementation of the
Convention. Those observations will be followed by comments on the meaning and the
implementation of the various articles of the Convention (clustered in accordance with the
Committee’s practice) for children with disabilities.
B. Definition
7.
According to article 1, paragraph 2, of the draft convention on the rights of persons
with disabilities, “Persons with disabilities include those who have long-term physical,
mental, intellectual, or sensory impairments which in interaction with various barriers may
hinder their full and effective participation in society on an equal basis with others.”
(A/AC.265/2006/4, Annex II)
II. The key provisions for children with disabilities
(arts. 2 and 23)
A. Article 2
8.
Article 2 requires States parties to ensure that all children within their jurisdiction
enjoy all the rights enshrined in the Convention without discrimination of any kind. This
obligation requires States parties to take appropriate measures to prevent all forms of
discrimination, including on the ground of disability. This explicit mention of disability as a
prohibited ground for discrimination in article 2 is unique and can be explained by the fact
that children with disabilities belong to one of the most vulnerable groups of children. In
many cases forms of multiple discrimination - based on a combination of factors, i.e.
indigenous girls with disabilities, children with disabilities living in rural areas and so
on - increase the vulnerability of certain groups. It has been therefore felt necessary to
mention disability explicitly in the non-discrimination article. Discrimination takes place –
often de facto – in various aspects of the life and development of children with disabilities.
As an example, social discrimination and stigmatization leads to their marginalization and
exclusion, and may even threaten their survival and development if it goes as far as physical
or mental violence against children with disabilities. Discrimination in service provision
excludes them from education and denies them access to quality health and social services.
The lack of appropriate education and vocational training discriminates against them by
denying them job opportunities in the future. Social stigma, fears, overprotection, negative
attitudes, misbeliefs and prevailing prejudices against children with disabilities remain strong
in many communities and lead to the marginalization and alienation of children with
disabilities. The Committee shall elaborate on these aspects in the paragraphs below.
9.
In general, States parties in their efforts to prevent and eliminate all forms of
discrimination against children with disabilities should take the following measures: