18
Innocenti Digest No. 13
Promoting the Rights of Children with Disabilities
environments. Even in a well-staffed institution, a
child rarely gets the amount of attention he or she
would receive from their own parents and families, or
from substitute caregiver families in the community.
50
In addition, children in these settings are denied the
important benefit of modelling by other children,
which is critical for learning.
Under the CRC, children, including children with
disabilities, have the right to be cared for by their
parents (article 7) and not be separated from their
parents unless a competent authority determines
this to be in the child’s best interests (article 9). In
this regard, there is little evidence to suggest that the
best interests of a child with a disability are promoted
through segregated structures or facilities rather than
in an inclusive society in which all children are able to
experience and benefit from diversity.
This is reinforced by the CRPD (article 23), which
requires: “States parties shall undertake that where
the immediate family is unable to care for a child with
disabilities, to take every effort to provide alternative
care within the wider family, and, failing that, within
the community in a family setting.”
Furthermore, article 25 of the CRC states: “when
a child has been placed for the purposes of care or
treatment, she/he has a right to a periodic review
of treatment provided and all other circumstances
relevant to the child’s placement.” The available
evidence suggests, however, that such reviews rarely
take place.
Once institutionalized, adolescents and young
persons with disabilities are also at increased risk of
neglect, social isolation and abuse. The World Report
on Violence against Children, for example, presents
evidence on the incidence of violence in relation to
the provision of care, including by institutional staff;
violence represented by a lack of care; and bullying
and physical violence by other children.
51
In almost all countries in Central and Eastern Europe
and the Baltic States, the number of children in
public care increased after transition. The number
of children with disabilities living in institutions rose
rapidly during the early transition years, doubling and
trebling their numbers over a short period. At the
end of the 1990s, close to 1 million children (about
1 per cent of all children) were reported to be living
in institutions in the 27 countries of the CEE/CIS
and Baltic States, including 317,000 children with
disabilities.
52
Medical conditions such as epilepsy,
cleft palate and scoliosis are sometimes considered
sufficient reason for the unnecessary placement of
children in a long-term residential facility.
53
A variety
of reasons are given to justify such institutionalization:
professionals may insist that institutions will provide
the most effective care; there is a lack of support
for families to allow them to care for these children
at home; few services and supports exist in the
community to help parents address the needs of
these children. Combined, these factors often result
in parents having little option but to assign their
children to residential care.
Trends like these were seen in the Russian
Federation, where economic hardship following the
transition contributed greatly to problems faced by
children with disabilities and their families. With
fewer resources available to them in the community,
more and more parents were forced to place children
in institutions; in turn, the budgets of the institutions,
already stretched, were required to cover the costs
of an increased number of children.
54
In 2002 more
than 200,000 children were living in 1,439 boarding
schools (
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