Submission to the Parliamentary Portfolio Committee and Select Committee on Women, Children and People with Disabilities on the implementation of the UN Convention on the Rights of Persons with Disabilities

Introduction This submission was compiled by the ECD Sub- Group of the National Campaign for the Right to Education for Children with Disabilities

Introduction Sue Philpott Disability Action Research Team Ph: Laetitia Brummer Inclusive Education W.Cape Ph: Nerina Nel Children’s Disability Centre Ph: Lara Office W.Cape Assn for Persons with Disabilities Ph: (021) 555 Sandra Ambrose Disabled Children’s Action Group Ph: (021) 797

Introduction This submission considers implementation of the CRPD through the lense of Early Childhood Development (ECD) for children with disabilities:  Progress made in implementation  Challenges to implementation  Recommendations of mechanisms to aid implementation

Progress made Article 24 of CRPD: Provides for the right of children with disabilities to education without discrimination and on the basis of equal opportunity, through an inclusive education system at all levels. We understand this to include early learning for young children with disabilities.

Progress made Article 23(3) of CRPD: Provides that children with disabilities have equal rights with respect to family life and that in order to realise these rights and prevent concealment, abandonment, neglect and segregation, early and comprehensive information, services and support are to be provided to children with disabilities and their families.

Progress made There is legislation in place indicating that disabled children are to be prioritised in service provision in ECD. The Children’s Act gives effect to the provisions of Article 24 & 23(3) in the following clauses: Clause 11 (re. Children with disabilities) ECD Section 93(4)(a) Prevention & Early Intervention Section 144 (1) (c)

Progress made ECD Section 93(4)(a): Funding should be prioritised in communities where families are poor, and in order to make ECD accessible for children with disabilities. Prevention & Early Intervention Section 144(1)(c) Prevention and early intervention programmes must focus on developing appropriate parenting skills & the capacity of parents & care-givers to safeguard the well-being and best interests of children with disabilities...

Progress made Article 25(b) of CRPD: States have a responsibility to “provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification & intervention as appropriate, and services designed to minimize & prevent further disabilities...”

Progress made Road to Health Booklet: We welcome the improved format of the new Road to Health Booklet (Dept of Health) Has a section monitoring the achievement of different developmental milestones of young children This allows for the possibility of early identification of developmental delays/disability as well as for referral for early intervention

Challenges to implementation 1. Mechanisms for early identification & intervention for children with developmental delays & disabilities are inadequate:  Many children with disabilities are not identified early and not referred for the early intervention that they need. This results in children’s long- term outcomes being compromised  Lack of accessible & affordable rehabilitation services for children  No comprehensive information systems in place to track children with disabilities identified & those who are referred (& receive) therapy.

Challenges to implementation 2. Lack of integrated strategies for quality early learning opportunities for children with disabilities  Disability-related policies acknowledge the need for ECD for children with disabilities  This however is not reflected in clearly articulated and funded strategies in mainstream ECD policies which address:  Training of ECD practitioners to deal with children with disabilities  Funding norms that are responsive to different levels of support required by different children with disabilities  Provision of suitable equipment, toys, playgrounds that are appropriate for children with a range of disabilities  Support for parents of children with disabilities

Recommendations 1. Prioritise early learning for children with disabilities as part of the right to education  International research has shown that quality ECD improves enrollment & retention rates at school  Early identification & intervention improves outcomes for children with disabilities We call on government to put in place mechanisms to ensure the targeting & inclusion of children with disabilities in quality ECD services. This requires monitoring of outcomes for children with disabilities.

Recommendations 2. Strengthen habilitation and rehabilitation services for young children with disabilities Article 26(1) of CRPD Places an obligation on the state to ‘organise, strengthen and extend comprehensive habilitation & rehabilitation... in such a way that these services and programmes begin at the earliest possible stage... and are available... as close as possible to their own communities, including rural areas.’

Recommendations In many countries in the developing world, community-based rehabilitation (CBR) has been an effective means of improving access to rehabilitation services for children with disabilities. We therefore welcome the reference made to CBR in the re-engineering of Primary Health Care We call on the Dept of Health to allocate both financial & human resources to ensure that children with disabilities get the necessary intervention at the earliest possible stage.

Submission compiled by Sue Philpott Disability Action Research Team Ph: Laetitia Brummer Inclusive Education W.Cape Ph: Nerina Nel Children’s Disability Centre Ph: Lara Office W.Cape Assn for Persons with Disabilities Ph: (021) 555 Sandra Ambrose Disabled Children’s Action Group Ph: (021) 797

THANK YOU!