CRC/C/GC/9
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the Child (hereafter “the Convention”) was the first human rights treaty that contained a
specific reference to disability (article 2 on non-discrimination) and a separate article 23
exclusively dedicated to the rights and needs of children with disabilities. Since the
Convention has entered into force (2 September 1990), the Committee on the Rights of the
Child (thereafter “the Committee”) has paid sustained and particular attention to disabilitybased discrimination1 while other human rights treaty bodies have paid attention to disabilitybased discrimination under “other status” in the context of articles on non-discrimination of
their relevant Convention. In 1994 the Committee on Economic, Social and Cultural Rights
issued its general comment No. 5 on persons with disabilities and stated in paragraph 15 that
“The effects of disability-based discrimination have been particularly severe in the fields of
education, employment, housing, transport, cultural life, and access to public places and
services.” The Special Rapporteur on disability of the United Nations Commission for Social
Development was first appointed in 1994 and mandated to monitor of the Standard Rules on
the Equalization of Opportunities for Persons with Disabilities, adopted by the General
Assembly at its forty-eighth session in 1993 (A/RES/48/96, Annex), and to advance the status
of persons with disabilities throughout the world. On 6 October 1997 the Committee devoted
its day of general discussion to children with disabilities and adopted a set of
recommendations (CRC/C/66, paragraphs 310-339), in which it considered the possibility of
drafting a general comment on children with disabilities. The Committee notes with
appreciation the work of the Ad-Hoc Committee on a Comprehensive and Integral
International Convention on the Protection and Promotion of the Rights and Dignity of
Persons with Disabilities, and that it adopted at its eighth session, held in New York on 25
August 2006, a draft convention on the rights of persons with disabilities to be submitted to
the General Assembly at its sixty-first session (A/AC.265/2006/4, Annex II).
3.
The Committee, in reviewing State party reports, has accumulated a wealth of
information on the status of children with disabilities worldwide and found that in the
overwhelming majority of countries some recommendations had to be made specifically to
address the situation of children with disabilities. The problems identified and addressed have
varied from exclusion from decision-making processes to severe discrimination and actual
killing of children with disabilities. Poverty being both a cause and a consequence of
disability, the Committee has repeatedly stressed that children with disabilities and their
families have the right to an adequate standard of living, including adequate food, clothing
and housing, and to the continuous improvement of their living conditions. The question of
children with disabilities living in poverty should be addressed by allocating adequate
budgetary resources as well as by ensuring that children with disabilities have access to social
protection and poverty reduction programmes.
4.
The Committee has noted that no reservations or declarations have been entered
specifically to article 23 of the Convention by any State party.
5.
The Committee also notes that children with disabilities are still experiencing serious
difficulties and facing barriers to the full enjoyment of the rights enshrined in the Convention.
The Committee emphasizes that the barrier is not the disability itself but rather a combination
of social, cultural, attitudinal and physical obstacles which children with disabilities
encounter in their daily lives. The strategy for promoting their rights is therefore to take the
necessary action to remove those barriers. Acknowledging the importance of articles 2 and 23
1
See Wouter Vandenhole, Non-Discrimination and Equality in the View of the UN Human Rights Treaty
Bodies, p.170-172, Antwerpen/Oxford, Intersentia 2005.