Document Type

Article

Journal Title

Whittier Journal of Child and Family Advocacy

Volume

16

First Page

1

Publication Date

2017

Abstract

This Article proceeds in three parts. Following the introduction, Part I analyzes the concept of child rights as applied to children with disabilities in instruments antecedent to the CRPD. It goes on to examine the treatment of children with disabilities in the CRC and in the text of the CRPD. In so doing, it exposes the significant conceptual shift in how children with disabilities are characterized as agents and holders of rights in the CRPD, in contrast to prior articulations. Part II explains how this new framework is used to expose and address major human rights issues that face children with disabilities globally. These include tackling the stigma and resulting discrimination experienced by children with disabilities, and the legal responses, closing the education gap, addressing the campaign to end institutionalization and placement in orphanages, detention of unaccompanied minors and various travel bans that impact children with disabilities and their families, and egregious abuses that are insufficiently addressed by international fact-finders.

Both the CRC and the CRPD are impacting awareness of major children's rights challenges and prompt action by States to redress human rights wrongs. Part III reviews the current status of these two treaties in the United States and considers the relevance of, and potential for full participation in the future.

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