Discrimination due to disability and health conditions

Discrimination on the basis of a disability occurs when someone is treated less favourably or put at a disadvantage for a reason that relates to their disability. While there is no comprehensive list of what is universally considered to be a disability, examples include the use of assistive devices like a wheelchair, blindness, deafness, and certain types of mental health conditions. In addition, discrimination may exist for other health conditions, including the hindered access to proper medication (e.g., for HIV-positive children in detention facilities).

Child justice systems need to include legal frameworks and enforceability mechanisms that protect against discrimination on the basis of a child’s disability and that eliminate barriers preventing children with disabilities from having the same rights, opportunities, and access as those without disabilities.

Disclaimer: Authors are the Global Initiative on Justice with Children with pro-bono support from Baker McKenzie. This section represents one among other positions of some members of the World Congress Consortium and does not necessarily represent the view of all institutions and members  involved.