THE EXTENT TO WHICH THE RIGHTS OF CHILDREN WITH DISABILITIES HAS BEEN PROMOTED AND PROTECTED IN CONTEMPORARY WORLD

Introduction

Children are faced with a lot of problems, not to talk of those

with disability. The lives of children with disabilities are

surrounded by stigma, discrimination, cultural prejudices, ill-

perceptions and shocking invisibility. Unfortunately, it is also

dramatically marked by heightened risks of violence, neglect,

injury and exploitation (Hurst et al, 2001). In spite of limited

data and research, available studies reveal an alarming

prevalence of violence against these children from high

vulnerability to physical and emotional violence when they are

young to greater risks of sexual violence as they reach puberty.

“Persons with disability” according to Ghana’s Disability Act

(2006), means an individual with a physical, mental or sensory

impairment including a visual, hearing or speech functional

disability which gives rise to physical, cultural or social

barriers that substantially limits one more of the major life

activities of that individual. Also, according to the Guide to

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the Disability Act (2005) “disability”, in relation to a person,

means a substantial restriction in the capacity of the person to

carry on a profession, business or occupation in the State or to

participate in social or cultural life in the State by reason of

an enduring physical, sensory, mental health or intellectual

impairment. The Convention on the Rights of Persons with

Disabilities also see Persons with disabilities to include those

who have long-term physical, mental, intellectual or sensory

impairments which in interaction with various barriers may hinder

their full and effective participation in society on an equal

basis with others. A child according to the African charter and

the Convention of the rights of the child Article 2 is every

human being below the age of 18 years. The definitions of

“disability” by the various documents above all have something

about the limitation of the person with disability. Disability is

therefore basically impairment in terms of movement, vision or

hearing, but it must be noted that disability does not mean

inability.

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Children with disabilities are still too often envisaged as a

curse, a cause for shame to the family, and a misfortune for the

community. In some countries, disability is perceived as the

result of witchcraft and evil spirits inhabiting the child; the

child’s liberation is believed to be dependent on starvation,

exposure to extreme heat or cold, or fire, as well as severe

beatings (Pais, 2011).

Also, in countries all over the world, children with disabilities

and their families continue to face discrimination and not yet

fully able to enjoy their basic human rights. Their abilities are

overlooked, their capacities are underestimated and their needs

are given low priority. Yet, the barriers they face are more

frequently as a result of the environment in which they live than

as a result of their impairment (Werner, 2006).While the

situation for these children is changing for the better, there

are still severe gaps. The last two decades have witnessed a

gathering global momentum for change. Many countries have already

begun to reform their laws and structures and to remove barriers

to the participation of persons with disabilities as full members

of their communities. UNICEF estimates that there are 120 million

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disabled children in the world that is 2 – 4 percent of the

populations. They are children with physical, sensory and

intellectual impairments and children with mental problems.

Around 80 per cent of them live in developing countries.

Statistics such as these demonstrate that to be born with or

acquire impairment is far from unusual or abnormal. Ten

intellectually and physically disabled children and teenagers

died at the Mannix Children’s Centre in the Sydney western suburb

of Liverpool between July 1998 and October 2001. Their deaths

were the direct product of a systematic run-down of facilities by

both state and federal governments over the past two decades

(McDermid, 2002). The children, aged between 8 and 18, comprised

one quarter of the residents at Mannix. They suffered

malnutrition, poor infection control and a lack of access to pain

relief, all of which contributed to their deaths (McDermid,

2002).

According to Werner (2006), many studies have shown that more

boys are disabled than girls. It is sometimes argued that this is

because boys are more exposed to physical stress and danger, or

because of sex-linked ‘genetic’ factors. But there may also be4

other, more disturbing reasons why reports show so many more

disabled boys than girls: of those who are disabled, more of the

boys than the girls are taken to medical centers where their

disabilities are recorded. Also, disabled girls often are not

cared for as well as disabled boys; therefore more of the girls

die when they are babies or small children. In short, disabled

boys receive better treatment than disabled girls. Girls with

disabilities on the other hand often suffer double discrimination

as a result of their sex and disability.

This presentation entails some causes and prevention of

disability, some documents protecting and promoting the disabled.

It further takes a look at some challenges in the promotion and

protection of the disabled child, some recommendations and a

conclusion.

Causes of Disability and their Prevention

Disability has often been misunderstood as inability. Children

with disability do not need our pity, but need our support in the

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pursuance of their set goals. To prevent disabilities, we must

understand the causes. According to Werner (2006), in most parts

of the world, many causes of disability relate to poverty, some

of which are as follows;

Firstly, when mothers do not get enough to eat during pregnancy,

often their babies are born early or underweight. These babies

are much more likely to have cerebral palsy, which is one of the

most common severe disabilities. Also, some birth defects are

related to poor nutrition during the first months of pregnancy.

When babies and young children do not get enough to eat, they get

infections more easily and more seriously. Diarrhoea in a fat

baby is usually a mild illness. But in a very thin, malnourished

baby, diarrhoea often leads to serious dehydration, high, and

sometimes brain damage with fits or cerebral palsy (Werner,

2006).

Furthermore, poor sanitation and crowded living condition can

also cause disability. These together with poor food, make

diseases such as tuberculosis. Lack of basic health and

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rehabilitation services in poor communities makes disabilities

more common and more severe.

To prevent the disabilities that result from poverty, big changes

are needed in our social order. There needs to be fairer

distribution of lands, resources, information, and power. Such

changes will happen only when the poor find the courage to

organize, to work together, and to demand their rights. Although

the most complete prevention of disabilities related to poverty

depends on social change, this will take time. However, more

immediate actions at families, community and national levels can

help prevent some disabilities. For example, Polio, in certain

situations can be prevented through vaccination. In places where

vaccination is not available or not fully effective, families and

communities can help to lower the chance of paralysis from polio

by breast feeding their children as long as possible. Brain

damage and fits can become less frequent if mothers and midwives

take added precautions during pregnancy and childbirth, and if

they vaccinate children against measles. Some birth defects and

mental retardation can be prevented if mothers avoid most

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medicines during pregnancy, and spend the money they save on

food. By being more supportive and encouraging early home

treatment, the community could help prevent the spread of

leprosy, since persons being treated no longer spread it. Also,

some kinds of deafness and mental retardation can be prevented by

using iodized salt during pregnancy (Werner, 2006).

Also, armed conflict and other situations of violence are also a

leading cause of disability in children, thousand of whom, from

newborn babies to teenagers, are maimed every year. In

Afghanistan alone, it is estimated that a million children have

been disabled as a result of the conflict. They are direct

victims of war and will have to live with their disability for

the rest of their lives www.hrea.org.com.The disabilities number

is increasing every year due to factors such as war and

destruction, unhealthy living conditions, or the absence of

knowledge about disability, its causes, prevention and treatment

www.hrea.org.com.

Various documents protecting and promoting the disabled child8

In promoting and protecting the disabled, there have been a

number of attempt to deal with their rights globally and

regionally. Some of which are as follows;

Convention on the Rights of Persons with Disabilities (2007)

The Convention on the Rights of Persons with Disabilities and its

Optional Protocol was adopted on 13 December 2006 at the United

Nations Headquarters in New York, and was opened for signature on

30 March 2007. There were 82 signatories to the Convention, 44

signatories to the Optional Protocol, and 1 ratification of the

Convention. This is the highest number of signatories in history

to a UN Convention on its opening day. It is the first

comprehensive human rights treaty of the 21st century and is the

first human rights convention to be open for signature by

regional integration organizations. The Convention entered into

force on 3rd May 2008. The Convention is monitored by the

Committee on the Rights of Persons with Disabilities.

The Convention follows decades of work by the United Nations to

change attitudes and approaches to persons with disabilities. It

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takes to a new height the movement from viewing persons with

disabilities as "objects" of charity, medical treatment and

social protection towards viewing persons with disabilities as

"subjects" with rights, who are capable of claiming those rights

and making decisions for their lives based on their free, and

informed consent as well as being active members of society.

The Convention is intended as a human rights instrument with an

explicit, social development dimension. It adopts a broad

categorization of persons with disabilities and reaffirms that

all persons with all types of disabilities must enjoy all human

rights and fundamental freedoms. It clarifies and qualifies how

all categories of rights apply to persons with disabilities and

identifies areas where adaptations have to be made for persons

with disabilities to effectively exercise their rights and areas

where their rights have been violated, and where protection of

rights must be reinforced. The Convention preamble protects and

promotes children with disabilities where it states : Recognizing

that women and girls with disabilities are often at greater risk,

both within and outside the home of violence, injury or abuse,

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neglect or negligent treatment, maltreatment or exploitation,

Recognizing that children with disabilities should have full

enjoyment of all human rights and fundamental freedoms on an

equal basis with other children, and recalling obligations to

that end undertaken by States Parties to the Convention on the

Rights of the Child.

The Convention’s Article 7 provides the obligations of the state

in protecting and promoting children with disability, it states;

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. Article 8 talks about Awareness-raising where

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States Parties undertake to adopt immediate, effective and

appropriate measures: to raise awareness throughout society,

including at the family level, regarding persons with

disabilities, and to foster respect for the rights and dignity of

persons with disabilities; To combat stereotypes, prejudices and

harmful practices relating to persons with disabilities,

including those based on sex and age, in all areas of life; and

to promote awareness of the capabilities and contributions of

persons with disabilities. Measures to this end include:

Initiating and maintaining effective public awareness campaigns

designed: To nurture receptiveness to the rights of persons with

disabilities. To promote positive perceptions and greater social

awareness towards persons with disabilities; and to promote

recognition of the skills, merits and abilities of persons with

disabilities. Fostering at all levels of the education system,

including in all children from an early age, an attitude of

respect for the rights of persons with disabilities, encouraging

all organs of the media to portray persons with disabilities in a

manner consistent with the purpose of the present Convention and

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promoting awareness-training programmes regarding persons with

disabilities and the rights of persons with disabilities.

Also, Article 24 talks about education, where States Parties

recognize the right of persons with disabilities to education.

With a view to realizing this right without discrimination and on

the basis of equal opportunity, States Parties shall ensure an

inclusive education system at all levels and lifelong learning

directed to the full development of human potential and sense of

dignity and self-worth, and the strengthening of respect for

human rights, fundamental freedoms and human diversity, the

development by persons with disabilities of their personality,

talents and creativity, as well as their mental and physical

abilities, to their fullest potential and enabling persons with

disabilities to participate effectively in a free society. In

realizing this right, States Parties shall ensure that Persons

with disabilities are not excluded from the general education

system on the basis of disability, and that children with

disabilities are not excluded from free and compulsory primary

education, or from secondary education, on the basis of

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disability. Persons with disabilities can access an inclusive,

quality and free primary education and secondary education on an

equal basis with others in the communities in which they live.

Persons with disabilities receive the support required, within

the general education system, to facilitate their effective

education. Effective individualized support measures are provided

in environments that maximize academic and social development,

consistent with the goal of full inclusion. States Parties shall

enable persons with disabilities to learn life and social

development skills to facilitate their full and equal

participation in education and as members of the community. To

this end, States Parties shall take appropriate measures,

including: Facilitating the learning of Braille, alternative

script, augmentative and alternative modes, means and formats of

communication and orientation and mobility skills, and

facilitating peer support and mentoring; Facilitating the

learning of sign language and the promotion of the linguistic

identity of the deaf community; Ensuring that the education of

persons, and in particular children, who are blind, deaf and

blind, is delivered in the most appropriate languages and modes

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and means of communication for the individual, and in

environments which maximize academic and social development.

The Committee

The Committee on the Rights of Persons with Disabilities is a

body of human rights experts tasked with monitoring the

implementation of the Convention. It initially consisted of 12

independent human rights experts, with half elected for a two-

year term and half elected for four-years. Thereafter members

will be elected for four-year terms, with half the members

elected every two years. As the Convention has achieved 80

ratifications, the Committee will be expanded to 18 members. The

Committee, as it discharges its mandate, shall consult, as

appropriate, other relevant bodies instituted by international

human rights treaties, with a view to ensuring the consistency of

their respective reporting guidelines, suggestions and general

recommendations, and avoiding duplication and overlap in the

performance of their functions.

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Optional Protocol to the Convention on the Rights of Persons with

Disabilities(2008)

The Optional Protocol to the Convention on the Rights of Persons

with Disabilities is a side-agreement to the Convention which

allows its parties to recognize the competence of the Committee

on the Rights of Persons with Disabilities to consider complaints

from individuals. The Optional Protocol entered into force with

the Convention on 3 May 2008. As of October 2012, it has 91

signatories and 75 parties.

Declaration on the Rights of Disabled Persons (1975)

This Declaration states that “disabled persons have the inherent

right to respect for their human dignity” and they have the “same

civil and political rights as other human beings”. Further, they

shall be able to benefit from legal aid when such aid proves

indispensable for the protection of themselves and their

property. The Declaration also recognizes that organizations of

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persons with disability may be consulted in all matters relating

to the rights of persons with disability.

UN Principles for the Protection of Persons with Mental Illness

and the Improvement of Mental Health Care (1991).

The Principles give information on the fundamental freedoms and

basic rights of persons with mental disability, the provision of

mental health care and the treatment of involuntary patients and

criminal offenders. According to the Principles, everyone has the

right to the best available mental health care.

Declaration on the Rights of Mentally Retarded Persons (1971).

This Declaration gives persons with mental disability, to the

maximum degree of feasibility, “the same rights as other human

beings.” It is recognized that persons with mental disability

have a right to proper medical care, economic security and

protection from exploitation, abuse and degrading treatment. The

Declaration also states that “Whenever possible, the mentally

retarded

person should live with his own family or with foster parents”.

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World Programme of Action concerning Disabled Persons (1982)

The main objectives of the World Programme of Action (WPA) are to

enhance disability prevention, rehabilitation and equalization of

opportunities. The WPA highlights the fact that issues concerning

persons with disability should not be treated in isolation, but

within the context of normal community services. Member States

are urged to assist organizations of persons with disability in

coordinating the representation of the interests of persons with

disability. They are also encouraged to provide channels for

these organizations to influence government policies in all areas

that may concern persons with disability. Member States are also

encouraged to approach disability from a human rights

perspective. The United Nations Commission on Human Rights is

called upon to ensure that all persons with disability are free

to exercise their human rights especially children.

The African Charter on the Rights and Welfare of the Child

(1981).

This Charter gives handicapped children the right to protection

and assistance from the State in order to ensure his/her dignity,

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development and integration into the community. It also obliges

States to use their available resources to allow persons with

disability to access public highways, buildings and other places

which the disabled may legitimately want to have access to.

The African Charter on Human and People’s Rights (1986).

This Charter states that persons with disability shall “have the

right to special measures of protection in keeping with their

physical or moral needs.”

Ghana’s 1992 Constitution

The constitution’s Chapter 5, Article 29; clauses 1 to 8 states

Disabled persons have the right to live with their families or

with foster parents and to participate in social, creative or

recreational activities. A disabled person shall not be

subjected to differential treatment in respect of his residence

other than that required by his condition or by the improvement

which he may derive from the treatment. If the stay of a disabled

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person in a specialized establishment is indispensable, the

environment and living conditions there shall be as close as

possible to those of the normal life of a person of his age.

Disabled persons shall be protected against all exploitation, all

regulations and all treatment of a discriminatory, abusive or

degrading nature. In any judicial proceedings in which a

disabled person is a party, the legal procedure applied shall

take his physical and mental condition into account. As far as

practicable, every place to which the public have access shall

have appropriate facilities for disabled persons.

Ghana’s Disability Act (2006)

In 2006 Parliament implemented the ‘Persons with Disability Act’,

which aims to provide a legal framework for persons with

disability in Ghana and to establish a National Council on

Persons with Disability and to provide for other related matters.

By passing the Act Ghana seeks to do the following: fulfill a

constitutional obligation of enacting laws to protect and promote

the rights of people with disabilities and to fulfill Ghana’s

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international obligations. The Act is made up of 61 clauses which

are grouped into the following sections: Rights of persons with

disability, employment of persons with disability, education of

persons with disability, transportation, health-care facilities,

miscellaneous provisions, establishment and functions of National

Council on Persons with Disability and administrative and

financial provisions, Commonwealth Human Rights Initiative,

Africa (2007).

According to Commonwealth Human Rights Initiative, Africa (2007),

the disability Act provides legal provisions on Education for

persons with disability; in the sense that it is mandatory for

parents or guardians of children with disability to send them to

school. If a parent does not send such a child to school he/she

is guilty of a criminal offence. The Ministry of Education shall

by a legislative instrument provide schools or institutions in

every region of Ghana with the necessary equipment and facilities

in order to enable persons with disability to benefit from them.

The Government has agreed to provide free education for persons

with disability and to establish special schools if such persons

are unable to enroll in the formal schools. The disability act21

also has other responsibilities for the government, where persons

with disabilities who complete basic education and are not able

to further their education, the Ministry shall provide such

persons with the appropriate training. Heads of educational

institutions and those responsible for admitting students into

school cannot refuse to give admission to a person with

disability unless the person with disability has been assessed to

be a person who needs to be placed in a special school. Failure

to admit constitutes a criminal offence under the Act. The

Minister of Education shall also designate public technical,

vocational and teacher training institutions in each region.

These institutions will include in their curricula sign language

and Braille writing and reading. Public libraries shall, as far

as practicable, be fitted with facilities to enable persons with

disability to use the library.

Furthermore, with regards to the legal provisions on healthcare

and facilities for persons with disability, the Ministry of

Health is responsible for providing free general and specialist

medical care, rehabilitative operation treatment and appropriate

assistive devices for persons with disability. Disability related

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issues shall be incorporated into the curricula of training

institutions for health professionals. This is so, so that they

can develop resources to provide specialized rehabilitation

services for persons with disability. The Ministry of Health will

collaborate with the Ministries of Education and Social Welfare

to periodically screen children in order to detect and prevent

disability. They shall also include education on disability in

health care programs.

The Ministry of Health in collaboration with District Assemblies

and the Ministry of Social Welfare, will establish and operate

health assessment and resource centers in each district. These

centers will aim to provide early diagnostic medical attention to

mothers and infants to determine the existence or onset of

disability.

Lastly but not the least, the owner or occupier of an existing

building to which the public have access shall make that building

accessible to persons with disability within 10 years of the

commencement of this Act to make movements easier for the

disabled child.

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Ghana’s Children's Act (1998)

The children’s Act which was passed in 1998, Section 10 protects

the disabled child by stating, No person shall treat a disabled

child in an undignified manner. And a disabled child has a right

to special care, education and training wherever possible to

develop his maximum potential and be self-reliant.

Challenges

Despites the various initiatives and many documents in place in

the promotion and protection of the disabled child, they are not

free of challenges. Some of them are as follows

Lack of information and knowledge; Violations of disabled

children often occur out of ignorance. Some of the child’s rights

are often violated, not because the violators intentionally do it

but due to ignorance of the law protecting this children. Lots of

people do not know abusing the disabled child is against the24

rights of these innocent children. The parents themselves need

support and education and likewise the violators. There are not

enough information and education for the public, especially among

the illiterates not to treat the disabled child inhumanly.

Ineffective implementation of laws and policies, despites the

numerous laws and policies, there is a very big problem when it

comes to implementations. There are no proper and strict

strategies put in place to monitor the laws. An example is the

case in Ghana, where in the disability bill passed in 2006, every

public building have to provide disability rumps in ten years

time but three years to the deadline, that is not the case as

most of the buildings still do not have these disability rumps to

facilitate movements of the disabled.

Lack of funding; financial problems are also a very big

challenge. Money is needed in carrying out the various programmes

and policies put in place for the disabled child. Schools lack

facilities for the disabled; there is also lack of braille for

the blind to use. In Ghana for example, public financial support

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is supposed to come from local governments, in which the

Metropolitans/ Municipal/ District Common Funds set up during a

1990s decentralization exercise. Before the act, 2% of the funds

were earmarked for the disabled, but the assemblies seldom

transferred the money, claiming the distribution guidelines were

unclear. Some civil society groups say the transfers are delayed

or absent entirely.

Non-professionalism; the disabled child needs to be catered for

in a professional and special way. Even though there are

education on sending the disabled child to school, these

institutions do not have professionals to take care of them,

hence the non-professionals rather frustrates these innocents

children making them to stop schooling.

Negative socio-cultural practices; even though there are lots of

education and sensitization on the disabled child all over the

world, some people still hold onto their negative socio-cultural

practices. Mostly, these practices are very outmoded and inhuman.

An example is the case in some parts of Ghana where any child

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born with some deformity is seen as a taboo and hence taken to

the fetish priest to be killed. Furthermore is an example of the

current minister of chieftaincy and traditional affairs, Dr.

Henry Seidu Daana, where a chief in the Brong Ahafo said was not

fit to be their leader because of his visual impairment.

According to the chief, due to the sacredness of their throne,

their custom does not allow them to have a direct communication

with the disabled.

Recommendation

Many countries include in their Constitution specific provisions

referring to non-discrimination, but while gender, ethnicity,

race and religious beliefs are often cited as grounds for

protection, specific references to disability are less common.

Since the 1980s, constitutional and legislative changes in favour

of persons with disabilities have been enacted in a number of

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countries, including Austria, Brazil, China, Finland, Germany,

Malawi, the Philippines, South Africa, Uganda, the United Kingdom

and the United States. Research shows that, across regions, 39

states have adopted non-discrimination or equal opportunity

legislation in the context of disability. Furthermore, the rights

of children with disabilities are often most effectively promoted

when ’disability issues’ do not come under the responsibility of

a single ministry. The mainstreaming of disability issues into

existing programmes and throughout established sectors, such as

health, education and social welfare ministries, might still

involve establishing a focal point for disability to ensure that

children with disabilities are included in all programmes.

Without this, disability issues are in danger of being submerged

and overlooked. The development of national legislation and

policy to address disability issues is an opportunity to ensure

that public spaces, buildings, recreation areas and transport

systems are conceived or modified in such a way that they can be

used by all citizens and that government departments themselves

take a lead in the employment of persons with disabilities. In

this regard, a number of countries have made notable progress in

28

modifying access to streets, buses, trains and some buildings for

persons with disabilities. The UN Special Rapporteur on

Disability has been a

critical advocate in favour of the rights of persons with

disabilities, and has stressed that changing attitudes towards

disability require ridding society of prejudice and

discrimination and breaking down walls of superstition and

ignorance. The media is one of the most powerful tools to effect

this change and have been successful in changing public attitudes

in many countries. Just as raising awareness among the general

public is important, so too is promoting the understanding of

disability issues among professionals, including the police,

judiciary, educationalists, health professionals and social

workers at all levels of seniority. Initiatives of this kind help

ensure that children and adults with disabilities are treated

with equity in all aspects of civil society. Children with

disability face serious problems, and it is clear that the state

is not paying adequate attention to their issues, apart from the

establishment of a few schools for assisting some children with

specific disabilities.

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It is therefore recommended that the State should take all

appropriate measures, including public education, legislative

reform, provision of access and educational materials and special

care and protection measures to address discrimination against

children with disabilities. Also, all institutions and facilities

established for educating children with disabilities should be

strengthened, adequately resourced and monitored effectively.

More teachers also should be encouraged and motivated to go into

provision of special education, and facilities for such training

should be expanded.

Conclusion

Children with disabilities really need our love, guidance and

care. One of the key challenges for a person with a disability is

to be seen by the public, to be portrayed in the media, treated

by health care professionals, as an individual with abilities,

and not just seen as a disability. Disability need not be an

obstacle to success hence children with disabilities should be

30

catered for in the necessary way in order to grow into successful

adults.

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