CRC/C/CHN/CO/3-4
(d)
The State party’s policy of actively developing segregated special schools
while devoting few resources to the education of children with disabilities in mainstream
schools. The Committee is further concerned about reports that children with disabilities are
denied admission by mainstream schools, pressured to leave the schools, or sometimes
expelled due to their disabilities.
59.
The Committee is concerned about the lack of screening programmes for early
detection of disabilities in all areas of the State party.
60.
With regard to Macao, China, the Committee is concerned that children with
disabilities experience de facto discrimination and have limited access to inclusive
education and well-trained, motivated teachers. It is further concerned about the lack of
disaggregated data on children with disabilities in Hong Kong, China, and that reports
indicate that they are commonly excluded and discriminated against, including by teachers,
and bullied by their peers.
61.
Recalling its general comment No. 9 (2006), the Committee urges the State
party to adopt a human rights-based approach to disability, and specifically
recommends that it:
(a)
Repeal all provisions which result in de facto discrimination against
children with disabilities and include a specific prohibition of discrimination on the
ground of disability in all relevant legislation and policies, including the proposed
Regulations on the Education of People with Disabilities; and ensure that children
with disabilities in mainland China are involved in the formulation and
implementation of the policies and plans affecting them at all levels;
(b)
Independently monitor all cases of disability-based discrimination in
mainland China and in Hong Kong, China and Macao, China and provide effective
remedies in cases of violations of the rights of children with disabilities;
(c)
Prevent and eliminate institutional-based care for children with
disabilities in mainland China, take immediate steps for deinstitutionalization within a
reasonable time frame and develop family and community-based care and services as
alternatives to institutional care;
(d)
Further develop screening services for prevention and early detection of
disabilities in mainland China, Hong Kong, China and Macao, China, and provide
proper follow-up and early development programmes;
(e)
Promptly identify and remove all barriers, including physical, that
prevent students with disabilities from entering and staying in the mainstream system
in all areas of the State party and reallocate resources from the special education
system to promote inclusive education in mainstream schools;
(f)
Intensify its efforts to tackle bullying of children with disabilities in schools
in Hong Kong, China, including by teaching human rights, peace and tolerance,
providing vocational education for teachers and employing special assistance for
children in the classes. Furthermore, Hong Kong, China should systematically collect
disaggregated data on children with disabilities and use the collected data in the
formulation of policies and programmes for children with disabilities;
(g)
Conduct awareness-raising and educational campaigns targeting
children with disabilities, the public at large and specific groups of professionals, with
a view to preventing and eliminating de facto discrimination against children with
disabilities in all areas of the State party.
14