Consultation on the development of Guiding principles on the right to early childhood care and education by The Finnish Disability Forum
Tässä nämä linkit, jos tuo ylempi ei avaudu:
https://www.unesco.org/en/right-education/ecce-consultation
The aim of the Guiding Principles is to compile into one document the many references in international human rights law to the right to ECCE, the content of the right and the nature of State obligations. These currently appear in piecemeal form in human rights treaties and conventions and in UN monitoring committees’ interpretation through General Comments and Concluding Observations. The Guiding Principles aim to provide better clarity and usefulness, thereby strengthening the international and national legal frameworks and providing guidance to advance the full implementation and realization of the right to ECCE in international human rights law. The Guiding Principles are divided into Principles, which reflect legally binding commitments entered into by States as interpreted by UN monitoring committees, and Practical Guidance, which reflect political commitments which have been widely entered into by States. Bearing in mind these aims we would welcome your responses to the draft on the following questions:
- Are the Guiding Principles sufficiently clear to provide helpful guidance to States, civil society, individuals and UN bodies? Please give details of what aspects of the Guiding Principles you would expect more clarity and why.
The Guiding Principles are sufficiently clear
- Is the distinction between Principles and Practical Guidance sufficiently clear and helpful?
The distinction is clear enough
- Do the Guiding Principles cover all key components related to ECCE rights? In your opinion, what aspects are missing? If you have a legal/political reference for this dimension, please indicate it.
All key components are not covered. Accessibility has not been included. It is important starting from safe travel to and from home to early childhood care units and school, physical accessibility on the area around the unit or school, inside the building, having separate toilets, play and learning material, tools.
- Do the Guiding Principles clearly define the obligations of States? Are there any principles that need more clarity or explanation?
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- Do you have any comments regarding the terminologies and definitions?
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- What are your overall suggestions for improving the structure of the guiding principles?
Have a meeting/ hearing with experts on disability to develop a guiding principle for accessibility.
- Please give details on your own role and experience in the field of ECCE, and how you might use the Guiding Principles (for example, in advocating at local, national or international level; in compiling monitoring reports for UN treaty body monitoring committees; in developing policy; in claiming your rights; or in holding States to account through the treaty monitoring process)?
We represent 28 Finnish Disability Organizations. The Guiding Principles together with The UN Convention on Rights of Children, CRPD and the Finnish legislation would give a good base for building and maintaining early childhood care and education that is equal, accessible and provides a good learning base for children. But it would need to be further developed by adding the important theme of accessibility. For this, you should have a separate hearing/ discussion with experts of disability. Here it would be important to have experts with varying knowledge, for example physical-, intelectual-, social disabilities, blindness, deafness etc.
As some of our organizations also work with international developmental projects and policy, The Guiding Principles would provide a shared international legal knowledge base. It could also help, for example in cases of children with disabilities being denied the right for ECCE, to promote understanding for equal rights for ECCE and having to take into account accessibility and activity in early care and learning facilities, the activities and the material used in both play and learning.
- Any other general feedback
The expert workshop was organized on the 20th of July 2023 to foster a discussion around the components of early childhood care and education (ECCE) rights and the areas of ECCE that require a stronger footing in the international human rights framework. When reading the report from the point of view of children with a wide spectrum of disabilities, we noticed, that the word disability was mentioned briefly in the section” Inclusive and non-discriminatory approaches to ECCE services to reach the most marginalized and those in emergency context”. When looking at the list of participants, we did not find a single participant with special expertise on children with disabilities. UNESCO_Expert meeting report_Clarifying ECCE rights legal framework_October2023_EN.pdf
In the Preamble of the Convention on the Rights of Persons with Disabilities (CRPD) it stated: “Recognizing that disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others”,
“Considering that persons with disabilities should have the opportunity to be actively involved in decision-making processes about policies and programs, including those directly concerning them” Convention on the Rights of Persons with Disabilities | OHCHR
