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:
Parents or other persons taking care of a child with special needs are currently entitled to following social benefits:
- The disability pension, a monthly benefit for persons with disabilities
- Transport allowances for persons with a disability affecting their mobility
- Free medical insurance to the parent who provides care at home to a child with severe disability that needs permanent care or custody
You can learn more about the social benefits available to families with disabled children in the webpage of the National Social Insurance House.
Children with special needs are entitled to the same standard of health care offered to other children. In Moldova, all children up to the age of 18 years can receive healthcare services free of charge. Additionally, families with children who have special needs may receive additional services, for example, a psychologist’s consultations.
Children with special needs must have the opportunity to obtain education in a manner compatible with their abilities and without discrimination. According to Moldovan law, parents can choose the education institution for their children. If it is possible, taking into account the abilities of the child and technical and other equipment at the school for the child, children with disabilities can obtain education in general education or special education programs.
note Not all schools provide special education programs. To find out more, please, contact your local municipality.
You may request the school or other education institution to provide the help of an assistant if a child requires special assistance in school, for example, for moving around inside the school or communicating with other children and school personnel.
The State is encouraged to support families with children with disabilities by various means. In Moldova, state institutions and municipalities provide various services for free or for reduced costs for people with disabilities and their families.
State and municipal support available for children with disabilities includes:
- costs compensation for use of public transport in Moldova for the child and a person accompanying the child
- social assistance and rehabilitation, such as assistance at home, activities in day care centres and others.
note The type and extent of social assistance and rehabilitation depends on the severity of the child’s disability. It may be different in each municipality.
- assistance in acquiring technical aids necessary to improve the quality of life of the child, such as orthosis, dentures, special aids for the bathroom and others. The list of technical aids paid by the state can be found in the Government Decision on the provision of professional rehabilitation services within the Republican Centre of Experimental Prosthetics, Orthopedy and Rehabilitation.
note In some cases, you will be required to pay a share of the costs for these technical aids. You may be required to wait for the allocation of technical aids, but this period should be reasonable.
- consultations with a psychologist
- a personal assistant in the home and at school, if necessary
- free medical services
Some municipalities, as well as non-governmental organizations can offer additional services or benefits. Additionally, the Labour Code provides for several additional rights guaranteed to the parents of a disabled child, such as additional days of paid vacation (one day per month).
You can learn more about the support available to a child with disabilities by contacting the social services in your municipality, by asking the doctor treating the child, or by contacting the non-governmental organizations working in the field.