Human Rights of Children with Disabilities in Israel - The Vision and the Reality

The UN Convention on the Rights of the Child, from 1989, and the UN Convention on the Rights of Persons with Disabilities, from 2007, define a vision in which party States ensure the welfare of children with disabilities and their right to enjoy a full and respected life in the community, with their families, in conditions which meet their basic needs and ensure their ability to actualize their potential, enjoy basic liberty, freedom of expression, active and inclusive participation in the community life, based on equal opportunities. Approximately 8.7% of the children in Israel cope with functional challenges, disabilities or chronic diseases requiring constant intervention through medical or non medical care. The aim of the current article is to outline the international vision defined by the Conventions and the situation in Israel regarding the rights of children with disabilities to life, life with family in the community, education, health and accessibility – as legislated and as actually implemented. The article shows that Israel is committed to the international conventions and has invested much in legislation, budget and services for ensuring the social rights of children with disabilities in all areas of life. However Israel still faces the challenges of carrying out the paradigm shift towards the human rights model of disability in practice, by ensuring equal opportunities; by abolishing the poverty and discrimination of the geographical and social periphery; and by implementing inclusive education and accessible public areas and services to all.

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RIGHT TO INCLUSIVE EDUCATION FOR CHILDREN WITH DISABILITIES AT STAKE IN LITHUANIA /KLAUSIMAI IR IŠŠŪKIAI DĖL NEGALIĄ TURINČIŲ VAIKŲ TEISĖS MOKYTIS ĮTRAUKAUS UGDYMO SĄLYGOMIS LIETUVOJE

SPECIALUSIS UGDYMAS / SPECIAL EDUCATION ◽

10.21277/se.v1i41.526 ◽

2020 ◽

Vol 1 (41) ◽

pp. 10

Author(s):

Jonas Ruškus

Keyword(s):

Human Rights ◽

Inclusive Education ◽

Children With Disabilities ◽

Medical Model ◽

Reasonable Accommodation ◽

State Party ◽

Persons With Disabilities ◽

Educational Discourse ◽

The Right ◽

Human Rights Standards

Since 2010 Lithuania is a State Party of the Convention on the Rights of Persons with Disabilities of the United Nations. The development of education policy in Lithuania as concerns the right to inclusive education for children with disabilities is analysed as well as the factual trends of education of children with disabilities in segregated and regular educational settings. Author explores the assumption that intersection of the patterns of medical model of and neoliberal mindset in educational discourse impedes the implementation of human rights standards, reasonable accommodation particularly.Nuo 2010 m. Lietuva yra Jungtinių Tautų Neįgaliųjų teisių konvencijos šalis narė. Analizuojama švietimo politikos plėtra Lietuvoje, atsižvelgiant į neįgalių vaikų teisę į įtraukųjį ugdymą, taip pat faktinės neįgalių vaikų ugdymo tendencijos segregacinėje ir įprastoje ugdymo aplinkoje. Autorius nagrinėja prielaidą, kad medicininio modelio ir neoliberalios mąstysenos struktūrų susikirtimas edukaciniame diskurse trukdo įgyvendinti žmogaus teisių standartus, ypač tinkamą sąlygų pritaikymą.

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LEGAL ANALYSIS OF ARTICLE 7 OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: CHILDREN WITH DISABILITIES

The Age of Human Rights Journal ◽

10.17561/tahrj.n9.6 ◽

2017 ◽

pp. 116

Author(s):

IGNACIO CAMPOY CERVERA

Keyword(s):

Human Rights ◽

Children With Disabilities ◽

Ad Hoc ◽

Social Model ◽

Legal Analysis ◽

Persons With Disabilities ◽

Rights Of The Child ◽

European Court ◽

The Social ◽

Depth Analysis

The aim of this article is to carry out an in-depth analysis of Article 7, “Children with disabilities”, of the Convention on the Rights of Persons with Disabilities. First of all it is explained how the Article 7 is the result of two different models of human rights: the “renewed” protectionism in relation with the children’s rights and the social model in relation with the rights of persons with disabilities. After, it is explained how was the development of the creation of Article 7 within the Ad Hoc Committee which was created for the elaboration of the Convention. In an extensive section it is analysed the wording of Article 7, particularly taking account of the General Comments of the Committee on the Rights of Persons with Disabilities and the Committee on the Rights of the Child. Finally, the analysis of the meaning and scope of Article 7 is completed, taking into account other articles of the Convention and the jurisprudence of the European Court of Human Rights

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Children with Disabilities: Achievements, Prospects, and Challenges Ahead

The Oxford Handbook of Children's Rights Law ◽

10.1093/oxfordhb/9780190097608.013.29 ◽

2020 ◽

pp. 593-613

Author(s):

Maya Sabatello ◽

Mary Frances Layden

Keyword(s):

Human Rights ◽

Inclusive Education ◽

Final Section ◽

Children With Disabilities ◽

Vulnerable Groups ◽

Disability Rights ◽

The World ◽

Child Friendly ◽

State Of Affairs ◽

Successes And Challenges

Children with disabilities are among the most vulnerable groups in the world—and a children’s rights approach is key for reversing historical wrongs and for promoting an inclusive future. To establish this argument, this chapter explores the state of affairs and legal protections for upholding the rights of children with disabilities. It critically examines major developments in the international framework that pertain to the rights of children with disabilities, and it considers some of the prime achievements—and challenges—that arise in the implementation of a child-friendly disability rights agenda. The chapter then zooms in on two particularly salient issues for children with disabilities, namely, inclusive education and deinstitutionalization, and highlights the successes and challenges ahead. The final section provides some concluding thoughts about the present and the prospect of upholding the human rights of children with disabilities.

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Organization of inclusive physical education classes for persons with disabilities

SCIENTIFIC WORK ◽

10.36719/2663-4619/67/54-57 ◽

2021 ◽

Vol 67 (06) ◽

pp. 54-57

Author(s):

Zülfiyyə Asim qızı Yolçiyeva ◽

Keyword(s):

Physical Education ◽

Inclusive Education ◽

Children With Disabilities ◽

People With Disabilities ◽

The Body ◽

Social Model ◽

Teaching Methodology ◽

Main Task ◽

Persons With Disabilities ◽

The Social

As we know, there are many fields of pedagogical science. One of the most important areas is special pedagogy. Special pedagogy studies the issues of education and upbringing of children with physical and mental disabilities. People with disabilities are those who are relatively disabled in terms of any part of the body or the brain. In our country, special attention is paid to the education of people with disabilities. Inclusive education creates conditions for the protection of social equality, education and other special needs of children with disabilities. According to the teaching methodology, inclusive education prevents discrimination against children, allows people with various diseases to get a perfect education and succeed. Its main task is to create an environment for vocational training of people with disabilities. In modern times, people with disabilities should not be seen as sick, but as people with disabilities. This shapes the social approach to disability. The social model allows these children to exercise their rights to develop their skills. The purpose of inclusive physical education is to teach students to move together, which promotes the improvement and development of human psychophysical abilities. Different exercises should be chosen for each lesson and combined in such a way as to have a comprehensive effect on the body and ensure that each student can perform. It is necessary to ensure the general requirements and their specificity when arranging lessons. Sports have a great impact on the development of the personality of children with disabilities as normal children. Sport is one of the most important conditions for everyone and is acceptable for any age group. All these procedures are more effective when performed in unison. Let's protect our child's life together for a healthy life and step into a healthy future Key words: Inclusion, inclusive education, inclusive physical education, a person with disabilities, special education

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Restraint and Seclusion of Students with Disabilities

The International Journal of Children s Rights ◽

10.1163/15718182-02301009 ◽

2015 ◽

Vol 23 (1) ◽

pp. 189-239 ◽

Cited By ~ 1

Author(s):

Darcie Lyons

Keyword(s):

Human Rights ◽

Students With Disabilities ◽

Children With Disabilities ◽

Duty Of Care ◽

International Human Rights Law ◽

Human Rights Law ◽

Cultural Shift ◽

Rights Of The Child ◽

United Nations Convention ◽

Harm Prevention

Students with disabilities are being subjected to restraint and seclusion in some schools in Victoria, Australia. The practices are being used for purposes such as punishment, behaviour change and harm prevention. This article analyses the legality of the practices under the Victorian Charter of Human Rights and Responsibilities and the United Nations Convention on the Rights of the Child, which Australia has ratified. It concludes that the use of restraint and seclusion on students with disabilities in some Victorian schools has violated children’s rights, under both domestic and international human rights law. The Australian and Victorian governments have failed to recognise the presumption against the use of restraint and seclusion on children with disabilities in school and have failed to justify the associated rights limitations. A cultural shift is required to ensure that children with disabilities no longer experience unlawful rights violations, injuries and mental anguish as a result of restraint and seclusion in the very institutions that have a duty of care to protect them.

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Children with learning disabilities and their participation in judicial procedures – what can disability advocacy offer?

Tizard Learning Disability Review ◽

10.1108/tldr-10-2016-0035 ◽

2017 ◽

Vol 22 (1) ◽

pp. 10-15 ◽

Cited By ~ 1

Author(s):

Gábor Petri

Keyword(s):

Human Rights ◽

Learning Disabilities ◽

Design Methodology ◽

Access To Justice ◽

Self Advocacy ◽

Persons With Disabilities ◽

Content Type ◽

Rights Of The Child ◽

Judicial Procedures ◽

Article 5

Purpose The purpose of this paper is to provide a commentary on the paper titled “The Zone of Parental Control, The ‘Gilded Cage’ and The Deprivation of a Child’s Liberty: Getting Around Article 5”. Design/methodology/approach This paper uses the original article as a jumping off point to assess what aids advocacy organisations and human rights instruments can give to children with learning disabilities who enter legal procedures. Findings Existing human rights laws such as the UN Convention on the Rights of the Child and the UN Convention on the Rights of Persons with Disabilities provide innovative principles to reviewing existing policies, but little practical guidance is given to real implementation. Disability advocacy is ambiguous towards the question of representation of children with learning disabilities. Originality/value Literature on self-advocacy and especially on the self-advocacy and self-representation of children with learning disabilities is very limited. Access to justice for children with learning disabilities is similarly under-researched and is rarely addressed in disability advocacy.

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Art.7 Children with Disabilities

The UN Convention on the Rights of Persons with Disabilities ◽

10.1093/law/9780198810667.003.0008 ◽

2018 ◽

Author(s):

Bantekas Ilias

Keyword(s):

United Nations ◽

Children With Disabilities ◽

Best Interests ◽

Right To Life ◽

Persons With Disabilities ◽

Rights Of The Child ◽

General Welfare ◽

Survival And Development ◽

United Nations Convention ◽

The Right

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.

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Recognizing and Respecting the Rights of Children with Disabilities in the Classroom

International Journal of Education ◽

10.5296/ije.v8i3.9444 ◽

2016 ◽

Vol 8 (3) ◽

pp. 1

Author(s):

Cornelia Schneider

Keyword(s):

Children With Disabilities ◽

Children's Rights ◽

Relationship Building ◽

Children’S Rights ◽

Social Model ◽

Human Beings ◽

Persons With Disabilities ◽

Social Model Of Disability ◽

Rights Of The Child ◽

The Right

The UN Convention on the Rights of the Child was adopted and ratified in 1990 by the UN General Assembly, and signed by most member countries of the United Nations. However, its implementation is slow, complex, and can to-date be considered as incomplete in most countries, particularly as children’s rights often seem to be in contradiction with traditional perceptions of children as dependent, immature and incompetent human beings under their parents’ tutelage. Furthermore, it appears that children’s rights are at risk of colliding with the rights of the family. These issues are even more strongly highlighted when it comes to children with disabilities, as those children often are perceived as vulnerable and incompetent. The UN Convention on the Rights of Persons with Disabilities of 2006 emphasizes the right to full participation based on the social model of disability, including the right to inclusive education for children with disabilities. This article addresses both conventions, the contradictions within but also with each other, which impede the rights of children with disabilities as much as traditional perceptions of childhood do. It will then demonstrate how the recognition of the rights of children with disabilities can be improved by using the frameworks of sociology of childhood (Corsaro, 2015) and the work on relationship building and solidarity by Honneth (1995). Lastly, the article will give examples of how to implement and respect the rights of children with disabilities in schools, by using the example of the Index for Inclusion.

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Children with Disabilities: A Critical Appraisal

The International Journal of Children s Rights ◽

10.1163/15718182-02102007 ◽

2013 ◽

Vol 21 (3) ◽

pp. 464-487 ◽

Cited By ~ 7

Author(s):

Maya Sabatello

Keyword(s):

International Law ◽

Children With Disabilities ◽

Critical Appraisal ◽

Assistive Technologies ◽

Practical Reasons ◽

Remedial Measures ◽

Persons With Disabilities ◽

Children’S Perspectives ◽

Rights Of The Child ◽

The Future

This essay contemplates the rights of children with disabilities under international law. It analyses the philosophical and practical reasons for the failure of the Convention on the Rights of the Child to protect the rights of children with disabilities, and looks at the remedial measures adopted under the Convention on the Rights of Persons with Disabilities (CRPD). The argument advanced is that, especially when children’s perspectives are considered, assistive technologies are at the heart of national and international efforts to advance the rights of children with disabilities, most importantly, a right to inclusion. I consider the challenges ahead and draw conclusions on the future of the rights of children with disabilities.

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Educação inclusiva nas escolas do campo: desafios e possibilidades

Diversitas Journal ◽

10.17648/diversitas-journal-v4i2.613 ◽

2019 ◽

Vol 4 (2) ◽

pp. 496-510

Author(s):

Maria Aparecida Vieira de Melo

Keyword(s):

Human Rights ◽

Inclusive Education ◽

Rural Community ◽

Legal Framework ◽

Disabled Children ◽

Persons With Disabilities ◽

Regular School ◽

Educational Processes ◽

Specialized Care ◽

The Right

RESUMO: O presente artigo visa expor reflexões acerca da educação inclusiva nas escolas do campo, ainda é um dos temas na educação do campo pouco discutido, daí a importância de um aprofundamento acerca desta temática. A intenção neste trabalho é discutir a inclusão nas escolas do campo de crianças acometidas por deficiências de qualquer natureza. E mais especificamente dialogar com os autores com que vem tendo esta preocupação contribuindo para que uma atenção especial seja oferecida as crianças deficientes da comunidade rural, em particular do Sítio Luz – Canhotinho-PE, identificar na legislação vigente as especificidades que tratam da inclusão nos espaços educativos e, por fim perceber a importância de fazer valer os direitos humanos das pessoas com deficiência em ocuparem as carteiras escolares das escolas de sua comunidade rural. O problema que norteia esta discussão é: a educação em direitos humanos promove a educação inclusiva nas escolas do campo? Metodologicamente este trabalho desenvolve-se a partir de uma revisão de literatura, a luz de autores que defendem os direitos humanos, o marco legal da educação inclusiva e a especificidade da educação do campo. Diante do exposto, percebe-se que a legislação contribui com a discussão do direito a inclusão nos processos educativos, mas não são evidentes especificamente nas escolas do campo, de tal forma os educadores também não estão preparados para intervir pedagogicamente às pessoas que precisam do atendimento especializado no sistema regular de ensino. PALAVRAS-CHAVE: Direitos Humanos, atendimento especializado, marco legal. ABSTRACT: This article aims to expose reflections on inclusive education in schools in the field, it is still one of the subjects in the education of little discussed field, hence the importance of deepening about this topic. The intent of this paper is to discuss the inclusion in the kids camp schools affected by disabilities of any kind. And more specifically dialogue with the authors that has had this concern contributing to that special attention be offered disabled children of the rural community, particularly the Light Site - Canhotinho-PE to identify the current legislation the specifics that deal with the inclusion in spaces educational and finally realize the importance of enforcing the human rights of persons with disabilities occupy the desks of the schools in their rural community. The problem that guides this discussion is: a human rights education promotes inclusive education in schools in the field? Methodologically this work develops from a literature review, the light of authors who defend human rights, the legal framework of inclusive education and the specificity of rural education. Given the above, we can see that the law contributes to the discussion of the right to inclusion in the educational processes, but are not evident especially in schools of the field, so educators are also not prepared to intervene pedagogically people in need of care specializes in the regular school system. KEYWORDS: Human Rights, specialized care, legal framework.

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