Article 23: Children with disabilities

Convention text

1.

The countries that have signed the Convention recognise that children with mental or physical disabilities should enjoy a full and decent life. This should be ensured in conditions that guarantee their dignity, promote their independence and facilitate their active participation in the community.

2.

These countries recognise the right of such children to special care. They must therefore encourage and ensure that children with disabilities and those responsible for their care receive the assistance for which they apply, and which is appropriate to the child’s condition and to the circumstances of their parents or carers, subject to available resources.

3.

Such assistance must, where possible, be provided free of charge, taking into account the financial resources of the parents or carers. With this assistance, the child can access education or training, receive healthcare, undergo rehabilitation, prepare for employment and take part in leisure activities. It must be provided in a way that ensures that the child can participate in society as fully as possible and develop, including the child’s cultural and intellectual development.

4.

The countries that have signed the Convention must promote the exchange of information on preventive healthcare and on medical and psychological treatment of children with disabilities. This also includes information on rehabilitation, education and vocational training. Through all this, these countries can improve their capacity and skills and expand their experience in this area. In doing so, particular account must be taken of the needs of developing countries.

Key point

Children with physical or mental disabilities must be able to enjoy a full and decent life, with dignity and independence, and be able to participate in society. They have the right to special care from the government.

Explanation

The government must do everything it can to support children with physical or mental disabilities in participating fully in society. They must be able to take part in society in the same way as other children. For that reason, children with disabilities have the right to special care from the government. The government must ensure that a child with a disability can lead a dignified and independent life. This includes being able to attend mainstream school and to live at home like other children. A child with a disability must receive the care they need. The government must also support parents in this, for example by ensuring an adequate supply of care and sufficient financial support.

If necessary, children with disabilities must be able to make use of specialised services for education, training, healthcare and rehabilitation. The government must also take preventive measures to protect children with disabilities, meaning measures aimed at preventing harm.

A specific convention for persons with disabilities

The United Nations has also adopted a convention specifically for persons with disabilities: the Convention on the Rights of Persons with Disabilities. The Netherlands has also signed this convention.

General Comment No. 9 on the Convention provides further information on children with disabilities.