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  1. 1 Problemy Opiekuńczo-Wychowawcze

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  1. 1 Nowak A.

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  1. 1 2020

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The rights of children with disabilities in Poland

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Nowak A.
Problemy Opiekuńczo-Wychowawcze
|
2020
|
vol. 588(3)
3-15
EN
The article draws attention to the legal situation (regarding legal capacity as well as determining the disability status of a child up to 16 years of age, and the degree of disability in children aged 16–18) as well as the social situation of children with disabilities. The most important international legal acts, from the perspective of the rights of children with disabilities, were overviewed. These acts recognize children with disabilities as a special risk group, persons who encounter many barriers in their functioning, who are marginalized and threatened with exclusion. The most important goal set out in the human rights and children's rights acts, regarding children with disabilities, is to involve them in social life/participation, and to care for their best interests and wellbeing in accordance with the principles of individualization, non-discrimination and equal opportunities. Children with disabilities should be treated as subjects of upbringing, care and educational activities, their rights should be recognized, their dignity and individuality should be respected, and they should have a possibility of using a responsible representative, who cares for their best interests, i.e. a parent or guardian. The Polish legislation on the rights of children with disabilities, including the right to education of these children, have been enumerated. Selected issues concerning the education of children with disabilities have been analysed. The article lists the actions that the Ombudsman for Children took in 2017 to protect the rights of children with disabilities, in particular their right to life and health protection, the right to being raised in a family, the right to decent social conditions, the right to education, and the right to protection against violence, cruelty, exploitation, demoralization, neglect and other ill-treatment. The tasks of the Government Plenipotentiary for Equal Treatment and the Ombudsman concerning the protection of the rights of children with disabilities have been presented.
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