Thank you! Jan [email protected]

assoc. prof. Jan Šiška, PhD. 2013

Thank you! Jan

[email protected]

Children’s Rights for All!Implementation of the UN Convention

on the Rights of the Child for Children with Intellectual

Disabilities

Assoc. Prof. Jan Šiška, PhD.2013

Project Children’s Rights for All:

Rationale• There are around one million children with

intellectual disabilities throughout the European Union

• These children are often subject to discrimination and exclusion from society, and are frequently denied the right to good quality education, healthcare, recreation and services

• Their families are also often subject to discrimination and are denied access to adequate financial and emotional support.

Inclusion Europe Project proposal (2009)assoc. prof. Jan Šiška, PhD. 2013

Project Children’s Rights for All

Overall objective To analyze through research conducted across the EU Member States the implementation of the UN Convention on the Rights of the Child (CRC) from the perspective of children with intellectual disabilities.

From December 2009 to November 2011.



Expected outcomes

To empower children and disability NGO’s to lobby for higher impact of the CRC for children with intellectual disabilities and better combat all forms of violence and discrimination against this group of children.



National Experts National Experts in 22 countries:

Austria Italy

Belgium Latvia

Bulgaria Lithuania

Cyprus The Netherlands

Czech Republic Poland

Estonia Portugal

Finland Romania

France Slovakia

Greece Slovenia

Hungary Spain

Ireland UK



Activities Phase 1: Development of Research Tool

Phase 2: Recruitment of National Experts and Training on Research Tool

Phase 3: Drafting and compilation of National Reports and translation

into English

Phase 4: Development of European Comparative Report



Activities Phase 5: Development of Policy

Recommendations at national and EU level

Phase 6: Publishing of National Reports and European Comparative Report and Policy Recommendations

Phase 7: Dissemination of reports

www.childrights4all.eu


http://www.childrights4all.eu/


Focus • Statistical data• Education • Abuse• Health

• Promotaion, participation, antidiscrimination

• Deinstitutionalisation


The UN CRC considers all children to be “citizens with equal rights”, rather than just dependents of parents or

recipients of public interventions.State and Shadow

Reportsand other official factsand figuresProfessional opinion Voices of children andtheir parents were heardin the focus groups andinterviews.

The reports reflects the research approach using the following resources:

Methodology


In this study we were also seeking to answer a question aboutthe extent of implementation of the CRC from the perspective ofchildren with intellectual disability in the countries involved. We assessed what the State Parties: • are planning to do in the specific areas with the aim of

improving the situation of children with intellectual disabilities

• are doing to achieve the given goals e.g. in a national plan or by national legislation that have clear outputs and an impact on the life of children with intellectual disabilities

• and what State Parties are doing to improve their strategies on the basis of regular and systematic evaluation (statistical data, benchmark strategies, comparative studies etc.).

Findings : General Assessment of the Implementation of the CRC


Findings : General Assessment of the Implementation of the CRC


Findings : Statistical Data

„States Parties are required to provide information relevant to the implementation of the Convention. State Parties shall provide information with regard to: follow-up, monitoring, resource allocation, statistical data providing e.g. data disaggregated by age, gender, urban/rural area, disability…“

The General Guidelines for the periodic reports submitted by States Parties under article 44 of the CRC


Findings : Statistical Data

• It is clear that countries taking part in the project have some way to go to meet this requirement. At present, comprehensive information is not available for all five areas with regards to intellectual disability.

• Most of the countries provide a very limited statistical picture of the lives of children with intellectual disabilities.

• Most statistical information available usually relates to education, although there is also some in the realm of social security or health care


Protection against violence and abuse - I

• Absence of policy or strategy for the prevention of abuse or bullying of children with intellectual disabilities or other disabilities

• Little information available about the forms of abuse suffered by children with intellectual disabilities – lack of empirical research and data

• Assumption that preventive and reporting measures in case of abuses apply equally to all children


Protection against violence and abuse - II• Inadequate measures for children with intellectual

disabilities to express their views and to be heard and lack of appropriate supports to victims. (absence of alternative formats, communication barriers, lack of training of staff )

• Abuse in residential care: High number of persons with disabilities living in residential care. Progress are being made: inspection and statutory standards

• Bullying (at school and in services): Underestimation of this phenomena and the lack of relevant prevention programmes and no information are provided to parents.


Family support and living in the community - I

• Patchy availability of services: early intervention services, personal assistance, respite care, information about existing services

• Unfair and unbalanced geographical distribution of services (urban/rural areas)

• Lack of monitoring of quality of life in services for people with disabilities


Family support and living in the community – II

• Lack of alternatives for children without parental care: – Child assessment in case of disability – do not

refer to alternative forms of care (at individual level)

– Foster care and adoptions policies do not take into consideration children with intellectual disabilities (at macrolevel)


• „It is generally assumed that facilities and support for non-disabled children are equally available to children with disabilities“ (Austria)

• „Any problems related to the family or the child´s behaviours are dealt with by isolating the child from the family and from community“ (Lithuania)


Education - I

• Policy trends towards Inclusive Education (promoting pre-school and primary mainstream education)

• Available data show that access to inclusive education for children with intellectual disabilities has increased but less than for children with disabilities in general.

• Right to choose mainstream or special education: long and difficult battle


Education - II• Children with severe disabilities or complex needs

are still excluded from inclusive education opportunities, some even do not access education.

• Vocational training opportunities for children with intellectual disabilities are really poor.

• Quality of Education: – „Ad hoc“ success rather than systemic changes– Role and training of teachers and assistants– Financial shift from special to mainstream

education


Education - III• Consequences of both systems in parallel: disrupted

educational paths of children with intellectual disabilities:– Back and forth between special and mainstream schools –

changes of school– No inclusive opportunities at secondary level– No transfer of resources between primary and secondary

education– High turnover of assistants

Negative impact on the development of children!


„The right of children with intellectual disabilities to participate in their own local community alongside their peers remains far from being implemented, specially in education“ (Finland)

„The practice does not match and it still rare to find children with intellectual disabilities and with profound intellectual disabilities in particular in mainstream schools“ (UK)


Healthcare• Huge disparities in the European Union• Common problem: medical staff attitudes and

interaction with children with intellectual disabilities and their families

• Particular areas of concerns: mental health services for children, dental care

• No comprehensive care for people with multiple disabilities or complex health needs

• Systemic obstacles (the importance and the role of the diagnosis is still prevalent)

• Discrimination based on disabilityassoc. prof. Jan Šiška, PhD. 2013

Encouraging Participation and Combatting Discrimination

• Discrimination is a common occurrence (children with intellectual disabilities and their families)

• Attitudes reduce the opportunities for informal learning and social interaction with peers.

• Children with intellectual disabilities are hardly ever provided the opportunity to express their views

• Absence of provisions on the right to participate for children with intellectual disabilities


„Laws are not consistent in the way they apply the principle of equality, non-discrimination and equal opportunities“ (Greece)


Key Recommendations - I

• To ratify the CRC by the EU• To implement the CRPD in relation to children

with intellectual disabilities• To take action to enlarge nation-wide quality

community based services for children with intellectual disabilities to live included in their communities

• To promote living in the community: governments must actively develop alternative family-type setting to stop new admissions of children in residential institutions


Key Recommendations - II• To focus on better protection of children with

intellectual disabilities against abuse, violence and bullying in all the places they frequent

• To simplify and better coordinate health care, social care and rehabilitation services to facilitate the follow-up by families and professionals

• To remove systemic barriers that hinder progress towards inclusive education: one common school system for inclusive communities

• To consult with children with intellectual disabilities and their families throughout all the relevant sectors and give them opportunities to be heard



Thank you! Jan [email protected]

www.childrights4all.euassoc. prof. Jan Šiška, PhD. 2013

http://www.childrights4all.eu/

Documents

Thank you! Jan [email protected]