Despite the international human rights protections under both Article 31(1) of the United Nations Convention on the Rights of the Child (UNCRC) and Article 30(5)(d) of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), both of which outwardly appear to protect the right to play for children with disabilities, this chapter argues that the right has largely remained unrealised in practice. In examining the significance of the right to play for children with disabilities, which has increasingly become instrumentalised for such children, the chapter argues that the free-standing nature of the right must not be diminished or compromised purely on account of its enjoyment by children with disabilities. In advocating for greater legal alignment between the UNCRC and the UNCRPD in terms of how the right should be implemented for children with disabilities, this chapter argues for enhanced coordination and cohesion between those working within children’s rights law and policy on the one hand, and disability rights on the other, to ensure the right to play for children with disabilities is fully upheld. Lastly, the chapter examines the right to play for children with disabilities in both England and India and explores the potential for a more central application of the right from a legal and policy perspective in both jurisdictions.

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The Right to Play for Children with Disabilities: Perspectives from England and India

  • Seamus Byrne

摘要

Despite the international human rights protections under both Article 31(1) of the United Nations Convention on the Rights of the Child (UNCRC) and Article 30(5)(d) of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), both of which outwardly appear to protect the right to play for children with disabilities, this chapter argues that the right has largely remained unrealised in practice. In examining the significance of the right to play for children with disabilities, which has increasingly become instrumentalised for such children, the chapter argues that the free-standing nature of the right must not be diminished or compromised purely on account of its enjoyment by children with disabilities. In advocating for greater legal alignment between the UNCRC and the UNCRPD in terms of how the right should be implemented for children with disabilities, this chapter argues for enhanced coordination and cohesion between those working within children’s rights law and policy on the one hand, and disability rights on the other, to ensure the right to play for children with disabilities is fully upheld. Lastly, the chapter examines the right to play for children with disabilities in both England and India and explores the potential for a more central application of the right from a legal and policy perspective in both jurisdictions.