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A clash of conventions?: participation, power and the rights of disabled children
[journal article]
Abstract This article considers the neglected topic of the relationship between the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child, with regard to the participation rights of disabled children. It analyses key articles in both conventions and considers rel... view more
This article considers the neglected topic of the relationship between the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child, with regard to the participation rights of disabled children. It analyses key articles in both conventions and considers relevant general comments from both convention committees (the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities), and their interpretation by academic contributors. The article argues that much work on this topic fails to develop an adequate understanding of power relations, and that the "social model of disability" which underpins the disabilities convention, when applied to "childhood" (as opposed to "children") suggests that the implications of that convention for the participation rights of all children, not only disabled children, are profound. This is because the disabilities convention rejects the relevance of tests of capacity and "best interests" for disabled adults, for reasons which are equally germane to disabled children, and children in general. The article concludes with discussion of the difficulties in implementing the insights derived from the analysis of the disabilities convention in substantive law in the absence of a right to freedom from age discrimination for children, and suggests other, less far-reaching, reforms that could be made this notwithstanding.... view less
Keywords
child; childhood; disability; participation; law; European social model; contribution; convention; children's rights
Classification
Sociology of the Youth, Sociology of Childhood
Social Problems
Criminal Sociology, Sociology of Law
Document language
English
Publication Year
2017
Page/Pages
p. 93-103
Journal
Social Inclusion, 5 (2017) 3
Issue topic
Promoting children's participation in research, policy and practice
ISSN
2183-2803
Status
Published Version; peer reviewed