Fundamentals in Human Rights

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) in its Article 7 establishes that States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Likewise, the protection of the best interest of the child will be a primary consideration in all activities related to children with disabilities.

Article 3 (h), regarding the general principles of the CRPD, establishes the respect for the evolving capacities of children with disabilities and respect for the right to preserve their identity.

In its articles 15, 16 and 17 grants freedom from torture or cruel, inhuman or degrading treatment or punishment, freedom from exploitation, violence and abuse, and protection of personal integrity (physical or mental), respectively.

For its part, the Convention on the Rights of the Child (CRC), in addition to pointing out in its article 2 the principle of non-discrimination, article 19 protects children from all forms of violence: “States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent (s), a legal guardian (s) or any other person who has the care of the child”.

According to article 23 of the CRC, children with disabilities should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community. Article 37 expressly prohibits children from being subjected to torture, other cruel, inhuman or degrading treatment or punishment.