Children with special needs

Children with special needs are more dependent on the help of other persons, especially their family members. Therefore, the State must support children with special needs and their families as much as possible. This obligation is closely connected to the child’s human right to social and economic support and protection, the right to health and the right to education.

Inclusion in society

The State must ensure that children with special needs are included in society as much as possible. This may require special attention and assistance, for example, specifically designed education programs for children with special needs, the help of an assistant and activities in public day centres. Inclusion within society requires State support too for facilitating the necessary technical means, such as access for disabled persons to education and health institutions, public transport etc.

Children with severe disability may be entrusted to the care of special institutions only in very exceptional cases and when the best interests of the child require this. An example is where the parents themselves cannot provide the care needed for the child’s health and development.

Special assistance and social benefits

The State must provide the families with children who have special needs with assistance and social benefits in order to ensure that the best interests of the child, with regard to his/her development, health and education are satisfied. Families with children who have special needs are entitled to and can claim all the assistance and support granted within national legislation. It is important to remember, though, that human rights standards do not prescribe that all medical assistance or medical equipment should be free of charge. 

important Human rights do not prescribe the precise amount of support that the State is obliged to provide. However, the support provided by the State should ensure the basic needs of children with disabilities and their families and to enable them to fully participate in society. The support available for families with children who have disabilities should be reviewed regularly and progressively increased, taking into account the economic situation of the State, the living expenses in the State, the changing needs of these children and their families and other factors. The support available for children with special needs and for persons who have undertaken their care may be subject to change.

Moldovan law

In Moldova, children with special needs should be given special support and protection, based on this right in the Constitution. The child must be legally recognized as a person with a disability in order to receive the State’s support. State support should be guaranteed regardless of the type of disability – mental or physical. Disability status is granted and the specific category of disability is determined in accordance with the Law on social inclusion of persons with disabilities and requires special medical expertise. You can learn more about the procedure for obtaining disability status in the webpage of the National Council for Disability and Work Ability Assessment and in the abovementioned Law.

After the child is legally recognized as a person with disabilities, they are entitled to several forms of special support:

Resources

Last updated 25/10/2023