Developing Positive, Non-Prejudicial Attitudes Concerning the Rights of Children with Mental Disabilities
Finding Ways to Say ‘Yes’
Equal access to justice will not be achieved if professionals working in the field are guided by prejudicial attitudes towards children with mental disabilities. Negative attitudes underpin presumptions about the validity of children’s complaints, accusations and accounts of their treatment; about their mental capacity and ability to participate in legal proceedings; and about their reliability and credibility as witnesses. Negative attitudes can make professionals too ready to conclude ‘no’ before they have explored all avenues allowing them to say ‘yes’.
Believing in the Potential of Children with Mental Disabilities
Believing in the potential of children with mental disabilities is therefore a critical starting point. As England’s Crown Prosecution Service (CPS) notes:
“Reliability and credibility (of witnesses) can be influenced by how a victim/witness is treated. If people with learning disabilities or mental health problems are taken seriously and listened to, they may feel more confident and less anxious, and therefore be able to give their best evidence in court.”
Proactive Steps
Proactive steps are required to address negative or prejudicial attitudes and to cultivate the attitudes required to motivate positive practice. For example, the Child Protection and Disability Toolkit produced by WithScotland and the Scottish Government’s Ministerial Working Group on Child Protection and Disability includes the following ‘myth buster’ designed to challenge common misconceptions and attitudes regarding the risk of abuse faced by children with disabilities and their capacity to participate in legal proceedings.
| Myth | Fact |
| Nobody would abuse or neglect a disabled child… | Research shows they are more than 3 times more likely to be abused. |
| Disabled children are well protected because of all the helpers they have… | Because they may rely on so many people to help them, often with personal care, they are at greater risk of someone abusing their trust. |
| Disabled children are not attractive to abusers…. | Abusers are usually driven by desire to dominate and some disabled children can be seen as particularly helpless |
| You can’t expect disabled children to be as well dressed and turned out as other children… | When loved and cared for disabled children are as well turned out as any other child. |
| Disabled children won’t be believed… and will not be able to give evidence in court… | Many abusers think this – but with the right help and support all disabled children can tell or show what happened to them. |
| If the child cannot speak s/he cannot communicate…. | A wide range of communication systems and equipment is available, and skilled people to help children communicate. |
| You can’t be expected to get the views of disabled children as you can’t be sure that they are expressing their own views and opinions… | Article 12 of the UNCRC* is very clear: Every child has a right to express their views regarding all matters that affect them; and for these views to be taken seriously. |
| Abuse doesn’t have the same effect on disabled children… | The betrayal of trust and hurt is as acutely felt as by any other child. |
The association “Puls” in Pernik, Bulgaria – an NGO that works with children at risk and victims of domestic violence and trafficking – developed training focused on changing attitudinal prejudices towards children with mental and psychological difficulties and child victims of crimes. Training is delivered to multidisciplinary teams made up of police officers, social workers, teachers and those who work in child protection. It offers skills for the identification of cases of violence in children and the ability to distinguish between victims and offenders. It aims to increase opportunities to access justice through raising awareness of the child’s needs and rights.
Disability Equality Training
It is likely to be beneficial for professionals engaged in protecting and promoting the rights of children with mental disabilities to participate in disability equality training. Choices and Rights, a British Centre for Independent Living, provides the following distinction between disability equality training and disability awareness training:
“On the whole, Disability Awareness Training tends to focus on the individual impairment or condition and will often use simulation exercises (such as putting people in wheelchairs or blindfolding them) to encourage non-disabled people to have an idea of what it may be like to have that specific disability. Their trainer may discuss medical details, which may be connected with specific conditions, and will cover issues such as etiquette and language.
Someone may offer the training with no personal experience of disability.
Disability Equality Training explores the concept of people being disabled by society’s barriers and attitudes, highlighting the role of the organisation in the removal of those barriers and in the changing of attitudes. The training may include an element of ‘awareness’ – customer care, etiquette and appropriate language for instance – but it is unlikely that simulation exercises will be used, save perhaps as a means of illustrating particular barriers.
The training will always be provided by a person with personal experience of disability.”