CRC/C/GC/9
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IV. General principles
Article 2 - Non-discrimination
28.
See paragraphs 8-10 above.
Article 3 - Best interests of the child
29.
“In all actions concerning children…the best interests of the child shall be a primary
consideration”. The broad nature of this article aims at covering all aspects of care and
protection for children in all settings. It addresses legislators who are entrusted with setting
the legal framework for protecting the rights of children with disabilities as well as the
decisions-making processes concerning children with disabilities. Article 3 should be the
basis on which programmes and policies are set and it should be duly taken into account in
every service provided for children with disabilities and any other action affecting them.
30.
The best interests of the child is of particular relevance in institutions and other
facilities that provide services for children with disabilities as they are expected to conform to
standards and regulations and should have the safety, protection and care of children as their
primary consideration, and this consideration should outweigh any other and under all
circumstances, for example, when allocating budgets.
Article 6 - Right to life, survival and development
31.
The inherent right to life, survival and development is a right that warrants particular
attention where children with disabilities are concerned. In many countries of the world
children with disabilities are subject to a variety of practices that completely or partially
compromise this right. In addition to being more vulnerable to infanticide, some cultures
view a child with any form of disability as a bad omen that may “tarnish the family pedigree”
and, accordingly, a certain designated individual from the community systematically kills
children with disabilities. These crimes often go unpunished or perpetrators receive reduced
sentences. States parties are urged to undertake all the necessary measures required to put an
end to these practices, including raising public awareness, setting up appropriate legislation
and enforcing laws that ensure appropriate punishment to all those who directly or indirectly
violate the right to life, survival and development of children with disabilities.
Article 12 - Respect for the views of the child
32.
More often than not, adults with and without disabilities make policies and decisions
related to children with disabilities while the children themselves are left out of the process. It
is essential that children with disabilities be heard in all procedures affecting them and that
their views be respected in accordance with their evolving capacities. In order for this
principle to be respected, children should be represented in various bodies such as parliament,
committees and other forums where they may voice views and participate in the making of
decisions that affect them as children in general and as children with disabilities specifically.
Engaging children in such a process not only ensures that the policies are targeted to their
needs and desires, but also functions as a valuable tool for inclusion since it ensures that the
decision-making process is a participatory one. Children should be provided with whatever
mode of communication they need to facilitate expressing their views. Furthermore, States
parties should support the training for families and professionals on promoting and respecting