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Права детей-инвалидов: государственные гарантии и правовые средства защиты
Background: among children, there is a special category-children with disabilities, who are especially socially vulnerable, and not only they, but also their relatives, usually parents, who, having such a family member, face numerous social problems, which are sometimes incredibly difficult to solve, especially when support from society and the state for various reasons (underdeveloped economy and, as a result, an undeveloped social sphere; misunderstanding on the part of individual fellow citizens and society as a whole; a certain policy of the state, etc.) is insufficient, or even completely absent. Therefore, children with disabilities should be provided with increased State guarantees, protected mainly by administrative and legal means, since these guarantees are implemented through the executive authorities.
Objective: to identify the problems of children with disabilities on the basis of a comprehensive analysis, and to suggest ways for solving them. Methodology: dialectical, systematic, comparative-legal, formal-legal methods of research.
Results: the legislation regulating the legal status of children with disabilities is analyzed, the problems of ensuring the rights of children with disabilities are identified, and the amendments to the legislation are proposed.
Results: legal means regulated by the norms of social security law, financial and information law, as well as legislation regulating the legal status of children with disabilities are analyzed. The authors have studied the practice of implementing the means of prosecutor’s supervision in the field of protecting the rights of disabled children. The article identifies common problems of ensuring the rights of children with disabilities: problems of ensuring transport accessibility, problems of Internet access for children with visual disabilities, proposed amendments to the legislation.
Conclusions: the social policy of the state to ensure rights of disabled children is not fully implemented. The way out of this situation is seen - to restore order in the service sector of apartment buildings, the maintenance of common areas, tighter control by authorized supervisory authorities, as well as public supervisors, for example, regional public chambers or branches of disabled people’s societies. Internet sites for the visually impaired should be created not only by the authorities, but by all sites, as an incentive to provide tax benefits to the owners of such sites. The need to introduce a reference service for disabled children and their parents was noted. Due to the lack of rehabilitation centers for disabled children with cancer in the regions, it is proposed to raise the issue of their construction in the regions. The low level of well-being of families with disabled children should be improved by providing parental capital for the maintenance of a disabled child. The proposal to allow parents of disabled children to choose goods for rehabilitation not only from the list approved by the Government, and to pay for such goods immediately at the expense of the state, and not after the purchase and provision of checks.