Being part of Scotland’s story under the UN Disability

Convention

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Seminar 4

Monday 12 March 201212 – 1pm

Children and Young People

Welcome and overview

• Welcome to the fourth and final seminar! • Introductions – Jemma, Laura, Stefan and everyone

joining online• Twittter #crpdseminar, @Scothumanrights @EHRC • Palantyping• Everything is being recorded• Please ask questions• Discussion

The Disability Convention

• International human rights agreement campaigned for and written by disabled people

• Recognising disabled people continue to face barriers to equal participation and violations of their human rights

• Signed by UK Government and ratified in 2009

• Commitment to take action so disabled people enjoy the same human rights as everyone else and without discrimination

Monitoring and involvement

• Commissions are the “independent mechanisms” to promote, protect and monitor implementation

• Disabled people are central - “nothing about us, without us”

• How you can use the Convention:– Raise awareness with disabled people and public bodies– To improve local and national services– Gather evidence – Parallel reporting– Make a complaint about a violation to the UN Disability

Committee– To interpret domestic law (EA 2010, HRA 1998 and equality

duties)

What does the Convention say about children and young people?

Article 7 :• Govt should do everything necessary to ensure disabled

children enjoy their human rights on same basis as other children

• Decisions about children must be in their best interests

The rights in the Convention apply equally – steps must be taken to ensure they’re enjoyed equally.

What you’ve told us - Education• Education system has improved, but it is still failing

disabled children and young people • Problems accessing appropriate education and support

for disabled children, in particular children with autism and learning disabilities

• Education authorities don’t always take into account views of children and young people in deciding on the kind of additional support for learning needed

• Patchy support for accessing and maintaining further and higher education after school

• Access to transport to get to where education is provided is poor.

• Where access and support is good at FE/HE a lot of the courses don’t offer the same opportunities and skills

• Many schools for deaf children are being closed - there isn’t sufficient expert support for these children and young people in mainstream schools.

• Appropriate and good education should be provided locally, children should not be separated from their families

What does the Convention say about education:

Article 24 – the right to education

Must do now:• No discrimination in provision of education or

exclusion from education• Reasonable adjustments to allow access to

education (EA 2010)• Support to access education in an environment that

supports academic and social development (Ed (ASL) Act)

• Inclusive education....

UK Government education “reservation”

• Purpose – so can continue to provide special school education and where there is no local provision, children may need to attend special school outside their community

• Effect – changes UK’s international responsibilities

Should be working towards achieving over time:

• Education achieves full development of potential• Raise awareness of respect for human rights &

diversity• Education to learn life and social development skills

to allow full and equal participation in society– Making sure most appropriate language and

communication is used and in an appropriate environment

– Peer support & mentoring

What you’ve told us:

• Need to tackle bullying, harassment and abuse of disabled children – priority to educate young people to stop bullying (incl cyber-bullying)

• Public authorities need to take seriously – zero tolerance and work together (care, education and police)

• EHRC Disability Harassment Inquiry – Harassment of Fiona Pilkington and her children are not a one off

• Failure to involve and consult disabled children and young people

What does the Convention say about freedom from abuse:

Art 16: Freedom from exploitation, violence and abuse

Must take action to:• Protect both inside and outside the home• Identify, investigate and prosecute• Prevent:

• Provide info & education about how to avoid, recognise and report)

• Monitor services for disabled people & children• Promote recovery, rehabilitation and reintegration

What does the Convention say about involvement :

Art 4:Governments should ensure that:

– Disabled children are supported to express their views

– Disabled children’s views are listened to and taken seriously

• Governments should take into account the age of the child in their right to express their views

Cuts right across all rights

Welcome and thank our guest speaker

Stefan Stovanov

Policy Officer with the

Scottish Commissioner for Children and Young People (SCCYP)

http://www.sccyp.org.uk/

About Scotland’s Commissioner for Children and Young People

– Commissioner for Children and Young People (Scotland) Act 2003

• General function: to promote and safeguard the rights of children and young people up to age of 18.

• Promote awareness and understanding of the rights of children and young people;

• Review law, policy and practice with a view to assessing their adequacy and effectiveness in relation to children’s rights;

• Promote best practice by service providers• Encourage the involvement of children and young people in the

work, particularly those children who do not have adequate means to make their views known;

• Must have regard to provisions of the UN Convention on the Rights of the Child

UN Convention on the Rights of the Child

• Adopted by the UN in 1989

• Recognition that children need special care and attention

• 193 State Parties

• 54 articles

• Article 23 is specific to children with disability but all articles are interconnected

• Applies to children up to the age of 18

• Ratified by the UK in 1991

UN Convention on the Rights of the Child (UNCRC)

• Key principles of the UNCRC: – All the rights must be available to all children without

discrimination of any kind (Article 2)

– The best interests of the child must be a primary consideration in all actions (Article 3)

– Children’s views must be considered and taken into account in all matters affecting them (Article 12)

– All children have the right to life, survival and development (Article 6)

– A specific article on disabled children (Article 23)

inbox@sccyp.org.uk

www.sccyp.org.uk

Questions &

discussion

Next steps...

• Factsheets, videos of seminars – please share

• What the Convention means for mental health? In partnership with VOX Scotland, 28 March

• New posters, and an animated video to raise awareness of the Convention with as wide an audience as possible – please share

• Info on our dedicated website pages http://www.scottishhumanrights.com/ourwork/crpd http://www.equalityhumanrights.com/scotland/human-rights-in-scotland/being-

part-of-scotland-s-story-under-the-disability-convention/

• Thank you to all

• To provide feedback email hello@scottishhumanrights.com

• If you missed anything, you can watch or listen again by going to:

http://www.scottishhumanrights.com/ourwork/crpd/seminar