Abstract
The aim of this article is to carry out an in-depth analysis of Article 7, “Children with disabilities”, of the Convention on the Rights of Persons with Disabilities. First of all it is explained how the Article 7 is the result of two different models of human rights: the “renewed” protectionism in relation with the children’s rights and the social model in relation with the rights of persons with disabilities. After, it is explained how was the development of the creation of Article 7 within the Ad Hoc Committee which was created for the elaboration of the Convention. In an extensive section it is analysed the wording of Article 7, particularly taking account of the General Comments of the Committee on the Rights of Persons with Disabilities and the Committee on the Rights of the Child. Finally, the analysis of the meaning and scope of Article 7 is completed, taking into account other articles of the Convention and the jurisprudence of the European Court of Human Rights
Highlights
Article 7 of the Convention on the Rights of Persons with Disabilities, establishes: 1. 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.2
This article has the aim to be a contribution for the correctly understanding of Article 7 CRPD. To achieve this best understanding, in the second Section we will consider how Article 7 is the result of two different models of human rights that have been developed in the historical evolution of human rights: the “renewed” protectionism in relation with the children’s rights and the social model in relation with the rights of persons with disabilities
Among the proposals compiled in the Seminar of Quito for the elaboration of the Convention there was a call for the inclusion of a series of themes among the articles of the Convention that would form a basic thematic structure; the “Specific rights of vulnerable groups” 10. It was in the Bangkok Recommendations, which were made by the Ad Hoc Committee in its Second Session, from16 to 27 June 2003, that it was stated that the Convention should “stress that the situation of all disability groups and the diverse conditions related to gender, race, colour, age, ethnicity and other considerations must be taken into account, and recognize the impact of dual disadvantage and multiple discrimination faced by individuals such as, women, children or indigenous people with disabilities”11
Summary
Article 7 of the Convention on the Rights of Persons with Disabilities (hereinafter the CRPD), establishes: 1. 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. In the third Section, we will address the background and travaux préparatoires that were carried out within the Ad Hoc Committee which was created by the General Assembly of the United Nations (in its resolution 56/1968 of 19 December 2001) for the elaboration of a comprehensive and integral international Convention to promote and protect the rights and dignity of persons with disabilities, until the CRPD was approved This analysis will allow us to identify the different positions that existed on to incorporate or not an article dedicated to children with disabilities, as well as with regard to its content. We will dedicate the last two Sections to complete the understanding of the meaning and scope of Article 7 dealing with its connection with other Articles of the CRPD (Section fifth) and its interpretation and application by the European Court of Human Rights (Section sixth)
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
