Equality and Human Rights Commission

Article 7 says:

• Governments should do everything necessary to ensure disabled children enjoy their human rights on the same basis as non-disabled children.
• Decisions about disabled children must be in their best interests.
• Governments should ensure that:
  • disabled children are supported to express their views, and
  • disabled children’s views are listened to and taken seriously.

What does this mean?

This makes it clear that disabled children also have full human rights, and that governments should take proactive steps so that disabled children can enjoy their human rights and reach their full potential in education and in the community.

It also says that governments should take account of the age of the child in their right to express their views.

There is another important international convention for disabled children in Britain – the Convention on the Rights of the Child (CRC).

Example: Age of the child

A housing authority is assessing the needs of a family with a disabled child for a bigger house. The disabled child would like to have their own bedroom, and not have to share with their sibling. If the child is 6 years old, then this view may carry less weight than if the child was 13 years old – although the housing authority should always act in the best interest of the child. Therefore if there are disability related reasons why the 6 year old child should have their own bedroom then the housing authority should also take account of those reasons.

What about other groups of disabled people?

The Convention specifically protects disabled women and disabled children. However the Convention also talks about how governments must recognise the diversity among disabled people.

Example: How the Convention could be used to protect disabled people who also belong to another group

A Gypsy family includes an older woman with severe learning disabilities. She has little sense of danger and often runs away. The family’s mobile home is in a field, away from roads. However, the council says that they do not have permission to have their mobile home in the field, and they have to move to a car park which is next to a busy road. This is a dangerous situation for the older woman. In their discussions with, or a case against, the council the Gypsy family could use the right to life (Article 10), freedom to choose their residence (Article 18), and respect for home and the family (Article 23) in the Convention to argue that the council should provide an alternative solution which takes account of the needs of the older woman and the Gypsy family.