Includ-ed, red europea de educación inclusiva

A comparative report requested by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs looks at the policies to promote the rights of children with disabilities in 18 EU member states. The study presents an overview of some of the major issues and obstacles faced by children with disabilities and their families as well as a legal analysis of the implementation of the main rights and principles recognised in the United Nations Conventions on the Rights of the Child (CRC) and on the Convention on the Rights of Persons with Disabilities (CRPD).

The study "Member States' Policies for Children with Disabilities" was completed in June 2013 together with eighteen country reports. The European study contains a set of recommendations aimed at improving EU action to enhance the rights of children with disabilities across Europe.

The EU legal framework contains provisions recognising the EU’s role to promote the protection of the rights of the child as well as its competence to combat discrimination based on disability. This is stipulated in Article 21 of the Charter of Fundamental Rights of the European Union as well as the rights of the child under Article 24.

The study examines current problems with the implementation of legislation on the rights of children with disabilities in EU member states. Key areas of concern included problems with accessibility in terms of insufficient resources and support at mainstream schools. In many cases, there are also barriers to participation, where children with disabilities do not have the same opportunities to take part in society as their peers without disabilities. The report furthermore reflected on the need for different forms of assistance, such as financial, social and health care in order to promote the full inclusion of children with disabilities.

In the field of education, the report noted that the despite legislative acts and policy action undertaken by governments, the attendance of children with disabilities at mainstream education is significantly limited. This is especially true in the case of children with intellectual disabilities who face barriers in accessing mainstream schools. Lack of reasonable accommodation is considered one of the primary obstacles to ensuring the implementation of the right to inclusive education, the report underlined.

At EU level, action could include the development of best practice guides and recommendations on the minimum type of resources needed in mainstream schools. Similarly, conduct of awareness raising campaigns and training for teachers on the rights of children with disabilities could ensure full inclusion.

Furthermore, the report recommended that the EU institutions raise awareness of issues concerning the rights of children with disabilities and their specific needs in order to promote the full implementation of the principle of “best interests” of children with disabilities.

Under the Convention on the Rights of the Child, the “best interests” principle describes the wellbeing of children which is determined by individual circumstances, such as maturity, age and presence or absence of parents. While consideration of the best interests of the child is generally recognised under national laws, they are mostly limited to family and social protection decisions affecting children. Overall, implementing rules regarding these principles are also lacking in the 18 member states.

“The obligation to act in the best interests of the child should be at the heart of any decision affecting children with disabilities adopted either by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies,” the report noted.

The report further underlined that the European Commission’s draft for an upcoming European Accessibility Act should cover children with disabilities’ access to goods and services. This act could also ensure the provision of tools to ensure the right of children with disabilities to participate in the consultation process of legislative procedures affecting them.

In addition, the Commission should address the need for measures aimed at reducing violence against children, particularly children with disabilities, the report noted. For instance, the Commission could organise working groups of experts to ensure the establishment of monitoring systems to detect cases of violence against children. Similarly these working groups could consider access to communication services targeted at improving the system of complaints regarding children’s right to freedom from violence.

The research has shown that all 18 Member States provide for an explicit prohibition of discrimination on the grounds of disability. However, in several Member States, such as, Estonia, Greece and Poland, the legislation ensuring this right is limited to employment and vocational training. In the case of Finland and the Netherlands, legislation prohibiting discrimination based on disability has slightly larger scope, however it is still limited to specific sectors, such as employment, education, housing/livelihood and transport. Similarly, in some states, the right to non-discrimination on the grounds of disability does not pertain to sectors relevant to children with disabilities or only to a limited extent.

With regard to the requirement of reasonable accommodation, less than half of the Member States concerned; including Belgium, Spain, Ireland, Malta, Slovenia and the United Kingdom have fully implemented this legal obligation by ensuring universal access of persons with disabilities to major spheres of their lives.

The report recommended that EU institutions promote the implementation of reasonable accommodation for children with disabilities through the exchange of best practices. This should include information systems and support measure for families and children with disabilities.

The right to be heard represents a safeguard enabling the expressions of children’s views and feelings in all decisions which affect them. Although the right of the child to express his/her views and to be heard in judicial proceedings is to a large extent implemented in the 18 Member States, in practice the implementation of this right is significantly limited for children with disabilities. Research has revealed that that one of the principle barriers is the lack of sufficient training of persons interacting with children with disabilities. 'The Commission should ensure that adequate steps are taken to identify the ability of the child to express his/her views in judicial proceedings affecting them and provide reasonable accommodation to ensure the effective right to be heard of children with disabilities,' the report said.

The right to be free from violence enshrined in the CRC stems from the duty of parents or legal guardians to protect against all forms of violence; including physical or mental violence, neglect or negligent treatment. However, country reports highlight violence as a recurring problem in institutions. Such acts of violence often remain hidden and as such are rarely denounced, this report noted.  Working groups should be established to help combat violence against children, particularly in institutions, the report recommended. Furthermore, EU institutions can organise training and workshops where professionals can exchange knowledge on complaint procedures, and accessibility of communication services for children with disabilities, the report added.

The lack of adequate monitoring systems providing data on the situation of children with disabilities facing situations of violence was also identified as a gap in many Member States. Additionally, there is a need for a system of preventive measures against violence which contribute to the maintenance of ill treatment of children with disabilities in residential care.

EU structural funds, such as the European Social Fund or European Regional Development Fund can be used to improve the quality of support services for children with disabilities, this comparative study underlined. Such funds can be used to foster services, which are based on principles such as respect for user’s rights, availability and accessibility. These funds can also ensure mainstream schools have sufficient resources to provide the support and assistance required to promote the right to inclusive education.

 

Source:http://www.e-include.eu/events/1356-health-inequity-from-evidence-to-action-nijmegen-the-netherlands-7-8-november-2013