Dr. Seema Girija Lal

Articles

the inclusion of the Rights of children with disabilities in the context of child rights policies.

November 15, 2024

What's the one thing common to all children?
Their Rights.
But access to them? That's a different story....
Here's the 10 minute speaking space all thanks to Sandhya Raju , team CCRRA ( Centre for Constitutional Rights, Research and Advocacy, and KELSA ( Kerala State Legal Services Authority) for the opportunity to be heard .
The consultation aimed at gathering suggestions for thr 27th General Comment of the Committee on the Rights of the Child, focussed on Children's Rights to Access to Justice and Effective Remedies.
It was a privilege to share thoughts on an important yet often overlooked Spect : the inclusion of the Rights of children with disabilities in the context of child rights policies.
Voicing the need for the NO-GO -TELL , SAFE/UNSAFE , TRUSTED ADULT BAD/GOOD TOUCH NARRATIVE TO BE BE REVAMPED.....
The improvement of judicial services for the safety and well-being of children.
This conversation is crucial because the current models and policies, while well-meaning, often fall short in protecting the most vulnerable children, particularly those with disabilities or those who find themselves caught in complex social or legal situations. We must move beyond outdated paradigms like “NO-GO-TELL” and simplistic notions of "safe/unsafe" touch to adopt a more nuanced, inclusive, and developmentally informed framework. By doing so, we can provide comprehensive care and justice for all children, considering their age, developmental stage, and unique needs.
We can explore this through four key pillars: Promotional, Preventive, Protective, and Prognostic Measures, while integrating an understanding of the various age groups, predisposing factors, precipitating factors, perpetuating factors, and protective factors that influence a child's experience and response to abuse.
1. Promotional Measures: Building Awareness and Strengthening the Foundation
Promotional measures aim to create environments that foster healthy development and strong protective factors for children across all age groups.
Considering Age Groups and Developmental Needs:
For Ages 0-3, children are primarily with caregivers, at home or in day care settings. At this stage, it is vital to promote healthy attachment and body autonomy. Caregivers need training to model respectful touch and boundaries, even during routine caregiving tasks like bathing or dressing.
For Ages 4-10, the focus should be on teaching children about personal space, boundaries, and autonomy through play-based learning. Instead of relying on "good touch/bad touch," we need to promote an understanding of consent and bodily autonomy that resonates with their cognitive abilities.
For Ages 11-14, children are often more exposed to peer interactions and online spaces. Promotional efforts should include comprehensive digital safety education, focusing on recognizing manipulation and coercive behaviour.
For Ages 15-18, where issues of consent and sexual agency become prominent, we need age-appropriate discussions about healthy relationships and the complexities of consent, particularly in the context of peer relationships.
Including Children with Disabilities:
Children with disabilities often require additional support to understand and assert their boundaries. For instance, a child with sensory processing differences may not interpret physical touch as threatening, or a child with communication difficulties may struggle to express discomfort. Promotional measures must include adapted educational materials, visual aids, and social stories to ensure inclusivity.
Empowering Caregivers and Professionals:
Training for caregivers and educators should emphasize the importance of modelling consent and respecting children’s boundaries, regardless of the child’s abilities or developmental stage. We need to move beyond traditional messaging like “NO-GO-TELL,” which can be counterproductive for children who may not recognize abuse, cannot physically “go” away, or feel unable to disclose because the abuser is a trusted adult.
2. Preventive Measures: Reducing the Risk of Abuse
Preventive measures focus on identifying and mitigating the risk factors that contribute to child abuse.
Addressing Predisposing, Precipitating, and Perpetuating Factors:
Predisposing Factors include societal norms, power imbalances, and the child’s dependence on adults for care and protection. These are heightened for children with disabilities who rely more heavily on their caregivers, increasing the risk of abuse.
Precipitating Factors could be situational stressors, such as economic hardship, family conflict, or isolation, which may push already vulnerable caregivers or professionals towards harmful behaviours.
Perpetuating Factors are systemic issues, such as the lack of integrated support services or inadequate training for caregivers and professionals, that allow abuse to continue unchecked.
Inclusive Education and Prevention Programs:
We must move beyond the simplistic "safe touch/unsafe touch" framework because it fails to account for grooming behaviours and online abuse, where there may be no touch at all. Grooming often involves manipulation through kindness and trust, making it difficult for a child to recognize the abuse, especially if the abuser is someone they care about.
Preventive programs should educate children about consent, bodily autonomy, and digital boundaries, using age-appropriate language and scenarios. For instance, for younger children, this may involve teaching the concept of "body privacy" in simple terms, while for older adolescents, it could include discussions about the legal implications of sharing explicit content online.
3. Protective Measures: Immediate Response and Support Systems
Protective measures ensure that when abuse is suspected or disclosed, there are robust systems in place to provide immediate safety and support.
Reporting and the Role of Professionals:
Under laws like POCSO (Protection of Children from Sexual Offences Act), professionals are mandated to report suspected abuse within 24 hours. However, this can be complicated when the child insists on confidentiality or when the abuse is disclosed ambiguously. For children with communication difficulties, the challenge is even greater; they may not have the language or ability to clearly articulate what has happened.
A transdisciplinary approach is critical here, where professionals from different fields—law, mental health, social work, and education—work together and learn from each other. This collaborative model ensures that the child’s needs are addressed holistically rather than in isolation.
Protecting Children with Disabilities:
Children with disabilities may face additional barriers in accessing protective services. For instance, a wheelchair user may not be able to physically escape an abusive situation, or a child with a speech impairment may not be able to voice their experience. Protective measures must include accessible reporting mechanisms and tailored interventions that accommodate the child’s specific needs.
Empowering Caregivers:
Caregivers need ongoing training on how to recognize the signs of abuse, including more subtle indicators like changes in behaviour or mood. They also need support in understanding their role in the reporting process and how to respond empathetically without retraumatizing the child.
4. Prognostic Measures: Long-Term Support and Healing
Prognostic measures focus on the child’s long-term recovery and the prevention of re-victimization.
Age-Specific Interventions:
For Ages 0-3, interventions should focus on rebuilding trust and security with primary caregivers.
For Ages 4-10, therapy may involve play/movement/art and all forms of expressions, helping the child process their experiences in a safe, supported environment.
For Ages 11-14, cognitive-behavioural therapy and psychoeducation can help pre-teens understand their experiences and learn coping strategies.
For Ages 15-18, interventions may focus on healthy relationship education and resilience building, helping adolescents navigate their emerging autonomy and sexual identity.
Supporting Children with Disabilities:
Children with disabilities may need specialized therapeutic approaches that take into account their communication abilities and sensory needs. For instance, children with autism may benefit from visual aids and predictable routines in therapy sessions.
The Role of Transdisciplinary Teams:
Prognostic care must involve a transdisciplinary team, where professionals work collaboratively rather than in silos. This ensures a cohesive, consistent approach to the child’s healing journey, addressing not only their physical and psychological needs but also providing legal and social support.
Conclusion
In conclusion, improving judicial services for child protection requires us to rethink and redefine our approaches to abuse prevention, moving beyond outdated models like NO-GO-TELL and simplistic touch-based narratives. By integrating promotional, preventive, protective, and prognostic measures with a nuanced understanding of age, developmental stages, and the unique needs of children with disabilities, we can create a more effective, inclusive, and compassionate system. Our goal must be to ensure that every child, regardless of their background or abilities, is heard, respected, and supported.
END NOTE :
Due to the noted malpractices in private therapy centers, a group of concerned mothers raised their voices in 2015 and again in 2020 through petitions, which culminated in a Public Interest Litigation (PIL). This legal intervention was pivotal in bringing about the Rules for the Rights of Persons with Disabilities (RPD) and, notably, the first therapy center regulation framework of its kind in the country.
The judicial system has played a crucial role in initiating the implementation process. However, there is still a need for quicker redressal mechanisms, including dedicated toll-free numbers for complaints and effective follow-up even after a case is closed. Support during the legal process is vital, especially for vulnerable populations.
It should be mandated that legal teams include a social worker or a mental health professional, particularly when dealing with children in conflict with the law or victims of abuse. For children with disabilities, it is even more crucial to involve a special educator or other relevant professionals who can effectively communicate with and understand the child's needs