CRC/C/GC/9
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(a)
Include explicitly disability as a forbidden ground for discrimination in
constitutional provisions on non-discrimination and/or include specific prohibition of
discrimination on the ground of disability in specific anti-discrimination laws or legal
provisions.
(b)
Provide for effective remedies in case of violations of the rights of
children with disabilities, and ensure that those remedies are easily accessible to children with
disabilities and their parents and/or others caring for the child.
(c)
Conduct awareness-raising and educational campaigns targeting the
public at large and specific groups of professionals with a view to preventing and eliminating
de facto discrimination against children with disabilities.
10.
Girls with disabilities are often even more vulnerable to discrimination due to gender
discrimination. In this context, States parties are requested to pay particular attention to girls
with disabilities by taking the necessary measures, and when needed extra measures, in order
to ensure that they are well protected, have access to all services and are fully included in
society.
B. Article 23
11.
Paragraph 1 of article 23 should be considered as the leading principle for the
implementation of the Convention with respect to children with disabilities: the enjoyment of
a full and decent life in conditions that ensure dignity, promote self reliance and facilitate
active participation in the community. The measures taken by States parties regarding the
realization of the rights of children with disabilities should be directed towards this goal. The
core message of this paragraph is that children with disabilities should be included in the
society. Measures taken for the implementation of the rights contained in the Convention
regarding children with disabilities, for example in the areas of education and health, should
explicitly aim at the maximum inclusion of those children in society.
12.
According to paragraph 2 of article 23 States parties to the Convention recognize the
right of the child with disability to special care and shall encourage and ensure the extension
of assistance to the eligible child and those responsible for his or her care. The assistance has
to be appropriate to the child’s condition and the circumstances of the parents or others caring
for the child. Paragraph 3 of article 23 gives further rules regarding the costs of specific
measures and precisions as to what the assistance should try to achieve.
13.
In order to meet the requirements of article 23 it is necessary that States parties
develop and effectively implement a comprehensive policy by means of a plan of action
which not only aims at the full enjoyment of the rights enshrined in the Convention without
discrimination but which also ensures that a child with disability and her or his parents and/or
others caring for the child do receive the special care and assistance they are entitled to under
the Convention.
14.
Regarding the specifics of paragraphs 2 and 3 of article 23, the Committee makes the
following observations:
(a)
The provision of special care and assistance is subject to available resources
and free of charge whenever possible. The Committee urges States parties to make special
care and assistance to children with disabilities a matter of high priority and to invest to the