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WHY A NEW LAW FOR THE RIGHTS OF CHILDREN AND ADULTS WITH DISABILITIES
WHY A NEW LAW FOR THE RIGHTS OF CHILDREN AND ADULTS WITH DISABILITIES?
A view point in regards of the necessity of making a new legal framework on the subject of disability
The European Centre for the Rights of Children with Disabilities (CEDCD) and the One Voice for Disability Coalition militate for promoting a new law on the rights of children and adults with disabilities, which will irrevocably replace the 442/2006 Law with the ulterior modifications and completions.
Given the fact that the public space reiterates the question of: Why a new law for the rights of the people with disabilities and not the modification or the completion of the current legal framework. We would like to clarify the aspects that found our course.
The necessity of elaborating a new draft law in the aspect of disabilities has a series of legal and conceptual arguments that offer both legitimacy and substance to our course.
“The arguments that justify the necessity of making a new draft law on disability, with a distinct regulation on children and adults, are based on one hand on the technical aspects of the legislation introduced through the Law 24/200, art 57 (I), and on the other hand, by a series of conceptual aspects introduced by the UN Convention on the Rights of People with Disabilities (CRPD) and the social realities. We do not want a law that will ameliorate the life of children/adults with disabilities and of the protection and assistance system, we want a real, effective and deep CHENGE which means a change in the value system where concept of disability is understood, starting with the concept of an adequate environment”, says Madalina TURZA, President of CEDCD, National Coordinator of the OSVD Coalition.
I. Main arguments for the change of the value system in which Disability is understood
The vision proposed by the European Center for the Rights of Children with Disabilities (CEDCD) and the ONE VOICE FOR DISABILITY Coalition in regards of the modification of the legal framework on disability in Romania is founded on two conceptual pillars which guide the understanding of disability and its regulation.
1. CONSTANCY – instituted through a disability certificate with the rights attached, through which the vulnerability state of the person/child with disability is recognized.
2. FLEXIBILITY – through which continuous and adapted measures for the individual development and evolution must be applied for the person or child with disabilities.
These two principles can not be applied on a law elaborated prior the UN Convention on the Rights of People with Disabilities.
II. Main arguments on the distinct regulation of the children and adult zone ( either in the form of two different draft law or in two distinct parts of the same law):
1. On an international and national level there is a different legislation for children, as a distinct and vulnerable category.
2. The double vulnerability of children with disabilities (in relation with the age and the limitations made by an inadequate environment)
3. The evolving nature of the stage of life defined as childhood
4. The necessity of special measures adapted to the individual needs of children with disabilities presume a distinct regulation.
For additional information and specialized arguments, please contact us at:
Madalina TURZA
Mobil: 0737545955
E-mail: madalina.turza@cedcd.ro/old
Tel/Fax: 0213110401
