How Can the Right of Young Children with Disability to be Heard be Enacted within the Policy Constructs of Participant Choice and Control?

2018 ◽  
Vol 26 (3) ◽  
pp. 423-445
Author(s):  
Jackie Brien

This comprehensive literature review provides a critical examination of the concepts inherent in Australia’s National Disability Insurance Scheme, participant choice and control. These concepts are explored in relation to enacting the child’s right to be heard, as outlined in the United Nations Convention on the Rights of the Child and the United Nations Convention on the Rights of Persons with Disabilities.Enacting this right is found to be dependent on the image of young children with disability, acknowledging children’s citizenship rights and balancing these with perspectives regarding the need for protection and the child’s place in family and community. The social-relational model of disability is helpful in understanding how the enactment of the right to be heard may be supported. Parents and early childhood professionals who are sensitive to the child’s perspective may take the role as social mediators of child voice, choice and control, along with practices supporting children’s evolving capacities to enact their own rights and aspirations.

Author(s):  
Kovudhikulrungsri Lalin ◽  
Hendriks Aart

This chapter examines Article 20 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Personal mobility is a prerequisite for inclusion in a society. According to the European Court of Human Rights, to be mobile and to have access to transport, housing, cultural activities, and leisure is a precondition for the ‘right to establish and develop relations with other human beings’, ‘in professional or business contexts as in others’. The CRPD does not establish new rights for persons with disabilities. It is merely thought to identify specific actions that states and others must take to ensure the effectiveness and inclusiveness of all human rights and to protect against discrimination on the basis of disability. However, the fact that there is no equivalent of the right to personal mobility in any other human rights treaty makes it particularly interesting to examine the genesis and meaning of this provision.


Author(s):  
Nizar Smitha

This chapter examines Article 10 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which affirms every human being’s right to life. It first explores the efforts made by the drafters of the CRPD to frame the right to life of all human beings. It further examines the wider meaning of the right to life and its application, and traces the interpretation given by the CRPD Committee in its concluding observations. In order to understand the micro-level application of the right, the chapter examines the interpretation and its application by domestic and regional courts. Finally, it explores the individual complaints made under the optional protocol and the consequent interpretation provided. This is done to define the jurisprudence surrounding the right to life and the required measures to strengthen and facilitate its wider application as envisaged under the Convention.


Author(s):  
Bantekas Ilias

This chapter examines Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The first instrument to specifically address the rights of children with disabilities was the 1989 Convention on the Rights of the Child (CRC).The CRC recognizes four key guiding principles that permeate our understanding and construction of all pertinent rights related to children. These principles are: a) the best interests of the child (Article 3 CRC); b) respect for the views of the child (Article 12 CRC); c) the right to life, survival, and development (Article 6 CRC); and d) non-discrimination (Article 2 CRC). The CRC was also the first instrument specifically to address the rights of children with disabilities, particularly in Article 2(1) (non-discrimination) and Article 23 (general welfare for disabled children). However, Article 7 CRPD and other children-related rights in the CRPD (eg Article 23) constitute a significant improvement to Article 23 CRC.


2020 ◽  
pp. 002087282095185
Author(s):  
Hsin-Yi Chen ◽  
I-Chen Tang

The aim of this study was to investigate the perspectives of social workers in Taiwan on children’s rights. Among the 94 social workers who were interviewed, most were familiar with children’s rights terminology. From the results of this study, parental needs and the inability of young children to communicate effectively hindered the balance between protection of and participation by children. To better implement children’s rights, social workers should gain a deeper understanding of the United Nations Convention on the Rights of the Child (UNCRC) and develop skills for communicating well with children and parents.


Author(s):  
Sonali Shah

Traditionally, disability was considered to be a personal trouble, as opposed to the social issue and public policy concern that it is today. Children with physical and cognitive impairments were shunned away from mainstream society into asylums or workhouses. They were typically discussed and analyzed through a medical lens, pathologized and conceived as a social problem to be regulated, cured, or killed. The emergence of ideologies constructing disabled children and adults as dependent victims unable to contribute to the development of society encouraged the development of charities for disabled people and exploitation of textual and nontextual narratives of the “vulnerable disabled child” to evoke sympathy and induce the public’s financial generosity. The ideological mantra that impairment was the cause of individual and family disadvantage was embedded in the cultural consciousness of society and thus influenced how disabled people (across the lifecourse) “made themselves known” and were made known to others (i.e., as inferior, developmentally delayed, financial and emotional burdens to their family and society). It led to the expansion of the rehabilitation industry and new social policies that focused on altering or incarcerating the impaired body. However this was challenged by the upsurge of the British Disabled People’s Movement in the 1960s and 1970s. Based on the ideas of the Union of Physically Impaired against Segregation, the movement campaigned for social equality and human rights legislation in all spheres of social life and generated a new understanding of disability. With the historic shift in thinking about both childhood and disability as a public issue rather than a personal matter, there has been increasing interest in the social world of both disabled people and all children and young people. The United Nations Convention on the Rights of the Child (particularly Article 12) and the Children Act 1989 initiated subsequent developments with regard to children having a right to be involved in decisions about their lives. The United Nations Convention on the Rights of Persons with Disabilities means that disabled children today are the first generation to grow up in an era of full international civil rights. This bibliography lists works that include the voices and experiences of disabled children and young people in research about their everyday lives, including health and medical treatment, education, and identity. These works demonstrate the richness and diversity of disabled children’s individual lives, thus challenging the traditional conception that disabled children are a homogenous group.


Sign in / Sign up

Export Citation Format

Share Document