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UN Programme on Disability   Working for full participation and equality


Article 7 - Children with disabilities
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Third Session


Compilation of proposed revisions and amendments made by the members of the Ad Hoc Committee to the draft text presented by the Working Group as a basis for negotiations by Member States and Observers in the Ad Hoc Committee

(updated after the completion of the first reading at the Fourth Session, 26 August 2004)


[Article 16
Children with disabilities

[1. States Parties [undertake — India] (shall endeavour — India) to ensure that [each child — South Africa] (children — South Africa) with a disability [within their [jurisdiction — Kuwait] — Liechtenstein] shall enjoy, without discrimination of any kind on the basis of disability, the same rights and fundamental freedoms as other children.

2. States Parties [recognize — Uganda] (shall ensure — Uganda) (also undertake to ensure the creation of conditions under which — Sierra Leone) [that — Sierra Leone] children with disabilities [should — Sierra Leone] (will — Sierra Leone) enjoy a full (active — Sierra Leone) and decent life, [in conditions that ensure dignity, promote self-reliance [and autonomy], (autonomy and citizenship — Holy See) and facilitate the child’s active participation in the community. — Sierra Leone] (in dignity within their respective communities — Sierra Leone).

(2 bis. States Parties recognize the evolving capacities of children with disabilities in the exercise of their rights, and the right of children with disabilities to express their views freely on all matters affecting them, their views being given due weight in accordance with the child’s age and maturity. — Canada)

[3. States Parties recognize the right of children with disabilities to inclusive care, which shall include:

(a) [Early provision of appropriate and comprehensive services (including early detection, intervention and rehabilitation — Viet Nam) — India];
(Provision of early detection, early referral and early intervention services, including counselling for parents. — India)

(b) The extension, [subject to available resources — Kenya, South Africa], to the eligible child and those responsible for his or her care, [of assistance for which application is made and which is appropriate to the child’s condition and to the circumstances of the parents or others caring for the child. — South Africa] — Sierra Leone]

(States Parties undertake to provide and extend as far as possible free of charge appropriate early comprehensive services to the child as well as to their parents and others caring for the child. The provision and extension of these services shall be designed to ensure that a child with disabilities has effective access to, inter alia, education, training, participatory recreational activity and activities for the child’s cultural and spiritual development — Sierra Leone)

[4. Recognizing the needs of children with disabilities, assistance extended in accordance with (actual circumstances of children with disabilities — Viet Nam) paragraph 3 of the present article shall be provided [free of charge — Viet Nam], whenever possible, taking into account the financial resources of the parents or others caring for the child and shall be designed to ensure that a child with a disability has effective access to and receives education, training, health-care services, comprehensive [re]habilitation services, preparation for employment and recreation opportunities in a manner conducive to the child’s achieving the fullest possible social [integration — Uganda] (inclusion — Uganda) and individual development, including his or her cultural and spiritual development. — Sierra Leone]

(States Parties shall provide the child with disabilities and his or her parents with appropriate information referral and counselling ensuring in all circumstances that the child maintains his or her self esteem and a positive view of his or her potential and right to live a full and inclusive life. — Sierra Leone)

5. Children with disabilities and their parents (or their caregivers, — Jordan) [other persons caring for or legally responsible for the child — Jordan] shall be provided with appropriate information, referrals and counselling, [and information made available in these ways — Jordan] [should — Uganda] (shall — Uganda) provide them with a positive view of their potential and right to live a full and inclusive life. — Japan] — EU]
(States Parties shall recognize and take appropriate measures to respect the rights of children with disabilities in accordance with article 23 of the Convention on the Rights of the Child and other relevant provisions of this Convention — Japan)

(5 bis. States Parties recognize the vulnerability of children to sexual abuse and exploitation and shall endeavour to ensure their protection.

5 ter. States Parties recognize that the child, for the full and harmonious development of his or her personality, should grow up in a family environment. In the case of destitute or orphaned children, it shall be the duty of the State to make provision for adoption or legal guardianship as per prevalent laws, as also for respite and residential care, as appropriate.

5 quart. States Parties shall respect the rights and duties of parents and, when applicable, legal guardians to provide direction to the child in the exercise of his or her rights in a manner consistent with the evolving capacities of the child.

5 sext. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of health care, preventive health care, including dissemination of and access to, information concerning methods of rehabilitation, education, vocational training and services with the aim of enabling States Parties to improve their capabilities, skills, human resource development and research, in order to widen their experience in all these areas of expertise. In this regard, particular account shall be taken of the needs of developing countries. — India)

(6. States Parties shall ensure that in all decisions concerning children with disabilities whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be of primary consideration — Uganda)

(6. Where children with disabilities are unable to live with their families, States Parties shall make every effort to provide alternative family care in their community, and such placements shall be in the child’s best interests. — Canada)

(7. States Parties shall undertake to prohibit the sterilization of children and young people with disabilities — Uganda)

(In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all appropriate measures to ensure protection and care of children with disabilities who are affected by an armed conflict, including foreign occupation — Palestine)




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