Accessibility is fundamental to persons with disabilities
for them to enjoy social inclusion, in respect to equal opportunity and
basic rights. Children in general, and even more so children with
disabilities, have to have their full rights within the family and
society.
Such rights are sanctioned in the United Nations Convention
on the Rights of Persons with Disabilities, which was ratified by the
Italian Parliament on February 24th, 2009 (Law no. 18 of March 3rd, 2009),
and has to be considered by legislators, public administrations, social
groups and civil society as the reference standard in order to make
legislation and culture in our country more aware and inclusive. When
discussing accessibility, aspects relating to children are not always
taken into consideration, but broadly speaking, accessibility is the
primary requirement for the physical, mental and intellectual development
of children with disabilities.
Article 9 of the Convention stipulates
that in order to enable persons with disabilities to live independently
and participate fully in all aspects of life, it is necessary to take
appropriate measures to ensure to persons with disabilities access, on an
equal basis with others, to the physical environment, to transportation,
to information and communications, including information and
communications technologies and systems, and to other facilities and
services open or provided to the public, both in urban and in rural areas.
These measures, which shall include the identification and elimination of
obstacles and barriers to accessibility, shall apply to buildings, roads,
transportation and other indoor and outdoor facilities, including schools,
housing, medical facilities and workplaces; and related services Even
private entities that offer facilities and services which are open or
provided to the public must take into account all aspects of accessibility
for persons with disabilities.
As we will see, in light of these
principles, life conditions of children with disabilities and their
families show a dramatic disproportion between what should be done and
what is actually done. The Convention asserts explicitly that children
with disabilities are entitled to all the rights and freedoms as other
children, which are sanctioned in the Convention on the Rights of the
Child (Preamble). In this sense, it is fundamental to ensure the respect
for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities (Article 3). In the predisposition and implementation of the measures to ensure the respect of the Convention principles, the best interests of the child shall be a primary consideration and it shall be ensured that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children (Article 7). A first step in this direction is fostering at all levels of the education system, including in all children from an early age, an attitude of respect for the rights of persons with disabilities (Article 8). Of particular importance is the recognition of the right of persons with disabilities to education (Article 24). This right has to be realized without discrimination and on the basis of equal opportunity. The education system has to ensure school inclusion at all levels and full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity. An inclusive education system must foster the development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential; and enable persons with disabilities to participate effectively in a free society. Consequently, children with disabilities are not to be excluded from the general education system on the basis of disability, and children with disabilities are not to be excluded from free and compulsory primary education, or from secondary education, on the basis of disability. Persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live. Persons with disabilities must receive the support required, within the general education system, to facilitate their effective education. Effective individualized support measures are to be provided in environments that maximize academic and social development, consistent with the goal of full inclusion. Persons with disabilities have to learn life and social development skills to facilitate their full and equal participation in education and as members of the community. To this end, appropriate measures shall be taken, including facilitating the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills. The Convention stipulates moreover (Article 30) the right of persons with disabilities to take part on an equal basis with others in cultural life, and appropriate measures shall be taken to ensure that persons with disabilities enjoy access to cultural materials in accessible formats; enjoy access to television programmes, films, theatre and other cultural activities, in accessible formats; enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance. Finally, children with disabilities have to have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system. Little more than twenty years following the proclamation of the Convention on the Rights of the Child and fifteen years after the Salamanca Statement relating to special needs in education, the Convention on the Rights of Persons with Disabilities turns a particular attention on the rights of children with disabilities. Twenty years ago, the United Nations focused on the most obvious aspects of the violation of the rights of minors, insisting most of all on the right to have a family, to be protected from all forms of violence, exploitation and abuse, to be able to express oneself freely and enjoy social, legal and economic security. Explicit terms relating to the rights of children with disabilities were not talked about then.
As mentioned before, here again there is a huge gap between what is said and what is done. Equal opportunity for children with disabilities is still a utopia and the recognition of their rights is still very limited. Many families who live the traumatic experience of having a child with a disability are in the dark about their rights and those of their child and react negatively to the challenges ahead.
The family should be the first to protect the rights of the child with a disability, first of all, the right to life, which is the right to have access to the human family. To this end, it is essential that families know a child's possible disabilities in order to make informed and responsible decisions.
Counselling and support services can help parents of a child with a disability to overcome the inevitable ethical and psychological trauma and give references to the family as to what support services are available.
In his first years the child dedicates all this time in discovering the world and in rapidly developing his skills. In order for the disabled child to do the same, it is necessary to appropriately assess and support such a process respecting and preserving the child's own identity right from the beginning. The child has to participate fully in, according to his own abilities, family and social life free of discrimination and overprotection.
Finally, the disabled child has to be welcomed in the education system, public or private, to have an equal opportunity in his development and training, creating the necessary structural conditions so that all this can be done without any obstacles.
It becomes clear that the essential rights of persons with disabilities be substantiated right from the beginning and that denying them would humiliate and offend the human dignity inherent to each person.
Certainly, rights are not asserted alone, they are not graciously granted, they have to be gained and safeguarded like all civil values and they are never to be taken for granted. In times of economic and cultural crisis there can be moments of regression and the manifestation of the dark side of human nature.
A society that does not hesitate in discriminating people on the basis of race and ethnic origin, religion or sexual orientation will end up questioning human rights perceived as a weight instead of an added-value to society. Children and women are the first victims of such a phenomenon because they are more fragile and less protected. It is best not to underestimate the worrying symptoms of a social and cultural decline pretending to lessen human and social rights protection for economic sustainability and discretion of consent. To stem the tide, it is necessary to use effective tools in order to overcome this challenge, firstly, creating awareness, informing and convincing.
Never like today is the future in our hands.