As the mother of a child with a disability, I understand the struggle which parents encounter every day in gaining and accessing services and supports for their child. It needs great strength to maintain the fight every single day, and great courage not to be afraid to “step on toes” in arguing for what our child needs.
One of the main difficulties most parents face at the outset is that they aren’t fully aware of the basic legal rights of a child with a disability. Children with Disabilities have basic rights which the Government has an obligation to respect and enforce.
What are the core legal rights of a Child with a Disability?
Stemming from The UN Convention on the Rights of the Child, Ireland has agreed to uphold the following rights :-
- Developmental Rights – special care, education and training designed to help the child reach the greatest level of self-reliance possible, and to be able to lead a full life
- Right to an Adequate Standard of Living
- Right to Health Care
- Right to Education – free of discrimination. Children with special educational needs have the right to a free education until the age of 18, in a mainstream setting where possible, unless it would not be in the interest of the child or the provision of education to other children in mainstream education. Learning support, resource teachers or special needs assistants may be allocated
- Protection from discrimination – in all areas
- Assistance to Parents should be afforded to allow and help the parent/legal guardian fulfil their role in the raising of the child
On paper, this looks and sounds great, but how these individual rights are actually upheld in Ireland can be quite a different matter and can cover a complex range of issues. As a Family & Child Law expert and as the parent of a child with a disability, I want to raise awareness and discussion on these issues and this is the first in a series of blogs which will look at e.g. HSE assessments of your child, access to education (pre-school, and beyond), the Special Education Act, the Disability Act, regional services and the gaps in provision. I would love to get your feedback on Facebook, Linked In and Twitter so please feel free to comment so that together we can share what we know and hopefully also work together to give our children the chances and opportunities they deserve.