Convention of Rights 8: Children with disabilities

The United Nations Convention on the Rights of Persons With Disabilities (CRPD) forms the foundation of disability rights laws in Uganda and is the model for the Persons With Disabilities Act (PWDA) 2006. The CRPD underlines and recognizes that persons with disabilities (PWDs) are entitled to all the human rights enunciated in the The Universal Declaration of Human Rights. If you are a PWD the rights in the CRPD are your rights, if you do not have a disability it is your duty to uphold and promote these rights.

Article 7 of the CRPD says that all possible measures should be taken to ensure that children with disabilities (CWDs) enjoy all human rights and fundamental freedoms like other children. In all actions with CWDs the best interests of the child should be the major concern. CWDs have the right to express their opinions on all matters, their views should be given weight according to their age and maturity. CWDs should be treated equally with other children and be provided with support and assistance appropriate to their age to realize this right.

Article 7 is saying very clearly that all PWDs including children have the right to be heard, this is further explained in the 2009 guide to the CRPD, See Me, Hear Me:

The Convention places emphasis on the obligation of governments to consult with and involve disabled people and their organisations in the development of policies and legislation. It was important to make it explicit that this obligation extends to consultation with children as well as adults. Children’s experiences and concerns cannot be adequately represented by adults. They have their own unique expertise and perspective to contribute.Without an obligation to consult children, children with disabilities would again be marginalised and denied a voice. It is not sufficient to argue that children are implicitly included in these provisions. Experience demonstrates clearly that without an explicit entitlement, children will not be listened to.

To prevent further marginalization, CWDs should be listened to, they have the right to be heard, just as much as adults. In any decision process children should be consulted and their views taken into account at their level of maturity and understanding. 

Do you listen to CWDs?

All children with disabilities should enjoy a full and decent life, in conditions that ensure dignity, promote self-reliance and facilitate the child 's active participation in the community.
The Convention on the Rights of the Child is the first international treaty to explicitly recognize the rights of children with disabilities. With the passing of the Convention on the Rights of Persons with Disabilities, work to protect the rights of children with disabilities has gained momentum.

This is written in Article 7 of the CRPD in the following way:

Article 7

Children with disabilities

1. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.

2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.

3. States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right.