CRC/C/GC/9
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G. Sports
72.
Competitive and non-competitive sports activities must be designed to include
children with disabilities in an inclusive manner, whenever possible. That is to say, a child
with a disability who is able to compete with children with no disability should be
encouraged and supported to do so. But sports are an area where, because of the physical
demands of the sport, children with disabilities will often need to have exclusive games and
activities where they can compete fairly and safely. It must be emphasized though that when
such exclusive events take place, the media must play its role responsibly by giving the same
attention as it does to sports for children with no disabilities.
IX. Special protection measures
(arts. 22, 38, 39, 40, 37 b-d, and 32-36)
A. Juvenile justice system
73.
In the light of article 2 States parties have the obligation to ensure that children with
disabilities who are in conflict with the law (as described in article 40, paragraph 1) will be
protected not only by the provisions of the Convention which specifically relate to juvenile
justice (arts. 40, 37 and 39) but by all other relevant provisions and guarantees contained in
the Convention, for example in the area of health care and education. In addition, States
parties should take where necessary specific measures to ensure that children with disabilities
de facto are protected by and do benefit from the rights mentioned above.
74.
With reference to the rights enshrined in article 23 and given the high level of
vulnerability of children with disabilities, the Committee recommends – in addition to the
general recommendation made in paragraph 73 above – that the following elements of the
treatment of children with disabilities (allegedly) in conflict with the law be taken into
account:
a) A child with disability who comes in conflict with the law should be
interviewed using appropriate languages and otherwise dealt with by professionals such as
police officers, attorneys/advocates/social workers, prosecutors and/or judges, who have
received proper training in this regard;
b) Governments should develop and implement alternative measures with a
variety and a flexibility that allow for an adjustment of the measure to the individual
capacities and abilities of the child in order to avoid the use of judicial proceedings. Children
with disabilities in conflict with the law should be dealt with as much as possible without
resorting to formal/legal procedures. Such procedures should only be considered when
necessary in the interest of public order. In those cases special efforts have to be made to
inform the child about the juvenile justice procedure and his or her rights therein;
c) Children with disabilities in conflict with the law should not be placed in a
regular juvenile detention centre by way of pre-trial detention nor by way of a punishment.
Deprivation of liberty should only be applied if necessary with a view to providing the child
with adequate treatment for addressing his or her problems which have resulted in the
commission of a crime and the child should be placed in an institution that has the specially
trained staff and other facilities to provide this specific treatment. In making such decisions
the competent authority should make sure that the human rights and legal safeguards are fully
respected.