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A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 17
- Paragraph text
- It is important to emphasize that the relevant legislation must be clear, enforceable and comprehensive to ensure effective protection of the victim. States must criminalize trafficking as it has been defined by international law. This means that criminalization must cover a range of end purposes, including forced and exploitative labour; it must recognize the possibility of women, men and children being victims of trafficking; and that the trafficking in children must be defined differently to trafficking in adults. A trafficking law that covers only one of these aspects would fall short of this standard.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 41
- Paragraph text
- For example, Canada provides trafficking victims with a 180-day period of reflection and options for obtaining temporary residence permits, including for stays of up to three years. The Netherlands offers a period of reflection of three months that is not conditional on participation in the justice process and provides immigration remedies to foreign trafficking victims, including, in certain circumstances, options for permanent residence status. In accordance with measure No. 7 of its Action Plan to Combat Human Trafficking (2006-2009), Norway affords victims a six-month period of reflection free of conditions, which includes access to assistance and services. Italy does not limit the time given to trafficking victims to recuperate and to decide whether to assist authorities. In addition, foreign child victims receive an automatic residence permit until the age of 18.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 43
- Paragraph text
- The Special Rapporteur is concerned, however, by practices where victims of trafficking are mandatorily detained in shelters. Although the Special Rapporteur recognizes that the motivation for this may be to protect victims, she notes that the routine detention of victims of trafficking violates, in some circumstances, the right to freedom of movement and, in most, if not all, circumstances, the prohibitions on unlawful deprivation of liberty and arbitrary detention. International law absolutely prohibits any discriminatory detention of victims, including detention that is linked to the sex of the victim. The routine detention of women and of children in shelter facilities, for example, is clearly discriminatory and therefore unlawful.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 44
- Paragraph text
- In Thailand, concerns persist that children and women identified as victims of trafficking are automatically placed in Government-run shelters, pursued if they "escape" and, in some cases, forced to spend years awaiting processing. Such detention not only impedes the rights of victims but also discourages and diminishes the quality of victim cooperation with authorities. Above and beyond the infringement of victims' human rights, the Special Rapporteur observes that such an approach can serve as a disincentive for victims to report cases to authorities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 49
- Paragraph text
- The conclusion of memorandums of understanding laying out cooperation mechanisms and delineating roles and responsibilities between criminal justice agencies and victim service agencies has been one way to foster understanding and increase communication. Various provinces in Thailand have adopted internal memorandums signed by Government officials, the Royal Thai Police and victim support agencies. The memorandums clarify the roles and responsibilities of each entity, elucidate working principles and definitions, and are intended to introduce systems to improve the working relationship between the parties. In the Republic of Moldova, a memorandum of understanding was signed by the Ministry of Internal Affairs, the General Prosecutor's Office, the Ministry of Social Protection, IOM and a number of non-governmental organizations and service providers. As a result, the organizations and other service providers in the country offer an array of services for victims, including medical and legal assistance, case monitoring, special assistance for children and services to help with re-integration, such as vocational training, employment counselling, grants for business development and social welfare assistance.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 53
- Paragraph text
- In India, non-governmental organizations play a significant role both in rescuing victims of trafficking and in providing them with assistance and reintegration services. A judgement made by the fifth Additional Metropolitan Session Judge Court in Hyderabad, Andhra Pradesh, involving a trafficked child illustrates how collaboration resulted in the conviction of two traffickers and support for the minor-victim. In this case, the victim was able to escape her traffickers and contact a non-governmental organization, Prajwala, based in Hyderabad. Prajwala filed a complaint on behalf of the victim, which led to a criminal investigation conducted jointly by police, the Forensics Department and the organization. The traffickers were arrested and the victim was given safe shelter. Prajwala provided psychological counselling and organized a mock trial, with the help of the Public Prosecutor, to prepare the victim to give testimony in court. The case was adjudicated in less than one year and the traffickers were sentenced to a prison term and fined.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 56
- Paragraph text
- During trials, challenges persist when ensuring safety and privacy for victims, minimizing unnecessary delay and ensuring that victims receive appropriate treatment. In response to such concerns, prosecutors in the United States have prepared redacted court filings, devoted attention during interviews to avoid disclosing potentially identifying information about victims and made special arrangements, including with members of the media, to address privacy concerns in public court proceedings. Certain South-east Asian countries, such as Viet Nam and Thailand, have provisions in their laws to protect the privacy of victim-witnesses; however, implementation remains a challenge, and more analysis is needed to assess whether certain protections, in particular provisions that allow children to be examined in court by social workers or psychologists rather than by attorneys, comply with minimum fair trial standards.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 67
- Paragraph text
- The Special Rapporteur notes that the proportionality requirement may demand the imposition of more stringent penalties for aggravated offences. Egyptian law has codified aggravated circumstances to include involvement in an organized crime network or transnational activity; death threats, serious harm, torture or the use of weapons; instances where the perpetrator was related to the victim or responsible for the victim's care; the involvement of a public official; where the death of a victim, permanent disability or incurable disease occurred; or where the victim was a child, incapacitated or disabled. Argentina has introduced certain aggravating circumstances in its law, including when the perpetrator is related to the victim; the crime is committed by more than three people; and the crime involved more than three victims or where certain recruitment methods were used if the crime involved a victim under the age of 13.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 70
- Paragraph text
- Extradition is another important legal mechanism for ensuring the effective prosecution of suspects, precluding the ability of traffickers to flee to a "safe haven" State. The United Nations Convention against Transnational Organized Crime requires States parties to treat offences established in accordance with the Protocol as extraditable offences under domestic law, and to ensure that such offences are included as extraditable offences in current and future extradition treaties. A number of regional instruments, such as the Inter-American Convention on International Traffic in Minors, in its article 10, specifically identify trafficking as an extraditable offence. A number of States have explicitly provided that trafficking is an extraditable offence.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Adolescents
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 80
- Paragraph text
- The Special Rapporteur notes that linking asset seizure to victim support is in line with a rights-based approach to human trafficking. Recovered assets can be a key source of funds when providing victims with compensation. The Special Rapporteur reminds States that trafficking victims have a right to compensation for the harm committed against them. Indeed, article 6, paragraph 6 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children provides that States parties legal systems must take measures that offer the possibility of compensation to victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 90
- Paragraph text
- In addition to criminalizing trafficking in persons in conformity with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, States must ensure the criminalization of other crimes relating to trafficking in persons, including - but not limited to - corruption, money-laundering, debt bondage, obstruction of justice and participation in organized criminal groups.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 32
- Paragraph text
- During his recent country visit to Kenya in September 2011, the Special Rapporteur found that of an estimated 664,000 IDPs resulting from the 2007/2008 post-election violence in the country, over 300,000 had dispersed into the wider population (many in towns and cities) and neither been registered nor assisted by the State. Many displaced in previous cycles of displacement (e.g.1990s) in Kenya were also unassisted. While it is generally presumed that these IDPs found their own solution through host families and friends, the Special Rapporteur remains concerned that many of these IDPs, a large part of whom had already been poor, had seen their situation further deteriorate and could be living in urban slums or on the street. In this regard, the Special Rapporteur received reports of a significant increase in street children, many of whom were believed to be IDPs, in a number of large towns and cities since the 2007/2008 post- election violence.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 39
- Paragraph text
- Despite these challenges, host communities are often the key to ensuring essential assistance services to IDPs, to the work of humanitarian organizations, and to finding durable solutions. They are most often the "first responders" to a crisis, and may welcome, support and assist IDPs upon their arrival. But as displacement becomes protracted, tensions can often result due to competition over scarce resources, employment opportunities, or from underlying religious, ethnic, cultural or other differences - frequently related to or exacerbated by the conflict causing the displacement in the first place. Without IDP frameworks and institutions in place to respond to the particular context and needs of IDPs living within these communities, these tensions and competition over resources and services will usually have a disproportionate impact on the most vulnerable IDP groups, such as female-headed households, children and older persons, and leave them exposed to human rights violations, exploitation and poverty.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 43
- Paragraph text
- Improved and more systematized responses to IDPs outside camps, can also help address a number of other issues, including the precarious nature and protection problems raised by unmonitored and unassisted hosting arrangements such as those between IDPs and host families or friends. Highly or entirely dependent on the assistance and shelter provided by host families, certain groups of IDPs, such as vulnerable categories of women, children and the elderly, may be particularly at risk of a number of protection concerns, including abuse, exploitation, and sexual violence by their hosts. In this regard, this mandate has recommended the establishment of appropriate monitoring and ombuds-mechanisms, and other activities such as visits by social workers, working with local associations and counselling centres, and the establishment of a hotline, in order enhance the protection of IDPs living within host-family arrangements.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2012
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 46
- Paragraph text
- Article 21 of the International Covenant on Civil and Political Rights recognizes the right to freedom of peaceful assembly to be enjoyed by everyone, as provided for by article 2 of the Covenant and resolutions 15/21 and 21/16 of the Human Rights Council. Article 15 of the Convention of the Rights of the Child recognizes this right for persons below 18 years of age. Unregistered associations should equally be able to enjoy this right.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Children
- Year
- 2013
Paragraph
Access to justice and the right to food: the way forward 2015, para. 20
- Paragraph text
- In 2013, a coalition of NGOs Guatemala sin Hambre engaged in strategic litigation to claim the right to food of children suffering from chronic malnutrition and living in conditions of extreme poverty. The judgements were delivered in April 2013 by the Child and Adolescence Court of the Zacapa Department which, based on the facts, found violations of the right to food, the right to life, the right to housing and the right to an adequate standard of living. Specifically with regard to the right to food, the court grounded its reasoning on article 51 of the Constitution, which protects the right to food for children, as well as on article 11 of the Covenant and article 25 of the Universal Declaration. To define the right to food and the obligations that stem from it, the court cited general comment No. 12.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 60
- Paragraph text
- General comments do not establish legal obligations, but elaborate on the practical implications of those obligations. The treaty bodies, however, have legally binding powers. In February 2013, the Committee of the Rights of the Child adopted general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children's rights to elaborate on the practical implications of those obligations. The Committee also noted that the existing instruments and guidance did not sufficiently address the particular situation and needs of children. The treaty bodies have also contributed to the protection of the rights of groups such as indigenous people and small-scale farmers, whose rights are routinely disregarded by foreign States and private actors based in third countries. Moreover, in recent years a number special procedure mandate holders have sent various communications to States concerning the application of extraterritorial obligations, especially in cases involving allegations of corporate abuse of human rights in host States.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Children
- Ethnic minorities
- Year
- 2015
Paragraph
Access to justice for people living in poverty 2012, para. 18
- Paragraph text
- Certain groups that suffer from structural discrimination and exclusion and are disproportionately represented among the poor, particularly ethnic and racial minorities, migrants and indigenous peoples, encounter additional barriers to accessing justice. Those difficulties are multiplied for women living in poverty, who experience compounded discrimination and disempowerment, not to mention financial constraints. Therefore, across different contexts, women living in poverty experience particular difficulties in accessing justice mechanisms and winning judicial recognition, action and enforcement for crimes, discrimination and human rights violations they are disproportionately subject to. Children are often denied the due process guarantees that they are entitled to on the same basis as adults, as well as additional protections that are necessary, in particular when they are particularly deprived or marginalized.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 33
- Paragraph text
- The right to be recognized as a person before the law is a fundamental human right (International Covenant on Civil and Political Rights, art. 16, and Convention on the Rights of the Child, art. 7), and is at the core of the right to access justice. Many persons living in poverty are de facto deprived of accessing courts and other public services as they lack legal identity. With more than 50 million births going unregistered every year, the lack of formal registration is a considerable barrier to legal recognition before the law, which has a disproportionate impact on the poorest and most marginalized. Without recognition, individuals are unable to access social services or to access courts to seek remedies for violations of their human rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Children
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 38
- Paragraph text
- Such factors often act as a persuasive deterrent against seeking redress from judicial or adjudicatory mechanisms, or may indeed represent an insurmountable obstacle for the poorest and most marginalized. This is especially so for those who have limited mobility, such as older persons or persons with disabilities, or those for whom travel is more difficult or dangerous, including women and children.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Poverty
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 50
- Paragraph text
- The economic and social costs of detention and incarceration can be devastating for persons living in poverty. Detention and incarceration can lead to loss of income and employment and often temporary or permanent withdrawal of social benefits. Their families, particularly their children, are also directly affected. Therefore, criminal justice systems predicated on detention and incarceration, even for minor non-violent crimes, can themselves represent a significant obstacle to access to justice for persons living in poverty. Those who are poor and vulnerable are likely to leave detention disproportionately financially, physically and personally disadvantaged.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Children
- Families
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 80
- Paragraph text
- In practice, however, restrictions on legal standing in many States directly and indirectly exclude persons living in poverty from accessing judicial and adjudicatory mechanisms. For example, in some States, legislatures and judicial systems limit standing for certain groups, such as women and children. Discriminatory laws deprive women of legal competency and require that they be under male guardianship before instituting a claim or giving evidence.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
Access to justice for people living in poverty 2012, para. 96
- Paragraph text
- [States should:] Make all efforts necessary to register all children immediately after birth, and identify and remove barriers that impede the access of the poor to registration, in particular groups that suffer multiple forms of discrimination; registration must be free, simple and available at the local level
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Infants
- Year
- 2012
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 29
- Paragraph text
- International human rights law requires States to provide persons with disabilities access to appropriate support to carry out daily activities and participate in society. The Convention on the Rights of Persons with Disabilities - the highest international standard on promotion and protection of the rights of persons with disabilities - clearly stipulates the obligation of States to ensure access to a wide range of support services to persons with disabilities, and provides a comprehensive framework for its implementation. The Convention on the Rights of the Child also recognizes the obligation of States to ensure the assistance required by children with disabilities for achieving their fullest possible social integration and individual development (art. 23).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 41
- Paragraph text
- The Convention challenges traditional approaches to care and has the potential to redress the legacy of disempowerment and paternalism. Furthermore, the notion of support in the Convention also has the potential to override traditional understandings of care and assistance for other groups, such as older persons and children. The Convention restores the importance of the "human being" in the human rights discourse by emphasizing the individual and social aspects of the human experience. These innovations can and should be incorporated into the implementation of all existing human rights instruments.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Older persons
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 44
- Paragraph text
- Children with disabilities and their families require different types of support services, especially in the education and health sectors. They include assistive technology, communication support and individualized education plans, and information and assistance to families of children with disabilities in need. For too long, children and adolescents with disabilities have been mere recipients of "special care", when this is available at all, which resulted in widespread segregation, institutionalization and neglect. Instead, States must organize support services and measures that foster their well-being and enable them to realize their full potential. Families need help to understand disability in a positive way and to know how to help support their children to be autonomous and independent. Limited understanding of care can hinder their right to express their views freely on all matters affecting them, in accordance with their age and maturity, and to be provided with disability- and age-appropriate assistance to realize that right.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 63
- Paragraph text
- Persons with disabilities and their representative organizations must participate in all decision-making processes related to the design, implementation, monitoring and evaluation of support services and arrangements. Persons with disabilities know best what type of support they require and the barriers they face in accessing it. The Convention on the Rights of Persons with Disabilities explicitly requires States to consult closely with and actively involve persons with disabilities, including children with disabilities, in the development and implementation of legislation and policies concerning issues relating to them (art. 4 (3)). The Special Rapporteur's thematic study on the right of persons with disabilities to participate in decision-making (A/HRC/31/62) provides specific guidance in this regard.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 70
- Paragraph text
- International cooperation can play a crucial role in the implementation of support systems. Donor countries and international organizations should consider increasing funding for the design and development of sustainable national support systems and securing the necessary funds to implement development aid inclusive of the support arrangements required by persons with disabilities. For example, when funding national education systems, donors should take into account the obligation to provide support to children and adolescents with disabilities within the general education system to facilitate their effective education.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Adolescents
- Children
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 78
- Paragraph text
- Some persons with disabilities may need support to overcome barriers that limit their ability to communicate and be understood. While the provision of accessible information and communication can reduce the need for support of persons with disabilities, many of them may still require support with communication. The situation of children with disabilities with limited or no speech capacity is particularly alarming, since their communication needs are usually neglected within the education system and in their communities, despite the existence of low-cost resources and materials. In this regard, States must take all appropriate measures to ensure that persons with disabilities, whatever their communication skills or type of impairment, can access the communication support they need through different forms of communication, as defined in article 2 of the Convention. This includes professional sign language interpretation, display of text, Braille, tactile communication, large print and accessible multimedia, as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communications technology.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
Paragraph
Accessibility 2014, para. 6
- Paragraph text
- In its general comment No. 5 (1994) on persons with disabilities, the Committee on Economic, Social and Cultural Rights evoked the duty of States to implement the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities. The Standard Rules highlight the significance of the accessibility of the physical environment, transport, information and communication for the equalization of opportunities for persons with disabilities. The concept is developed in rule 5, in which access to the physical environment, and access to information and communication are targeted as areas for priority action for States. The significance of accessibility can be derived also from general comment No. 14 (2000) of the Committee on Economic, Social and Cultural Rights on the right to the highest attainable standard of health (para. 12). In its general comment No. 9 (2006) on the rights of children with disabilities, the Committee on the Rights of the Child emphasizes that the physical inaccessibility of public transportation and other facilities, including governmental buildings, shopping areas and recreational facilities, is a major factor in the marginalization and exclusion of children with disabilities and markedly compromises their access to services, including health and education (para. 39). The importance of accessibility was reiterated by the Committee on the Rights of the Child in its general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2014
Paragraph