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
9
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
19
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
25
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
26
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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