International Legal Framework of Disabled Children’s Right to Benefit from Social Security - Acta Universitatis Sapientiae

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Volume 13, No. 2, 2024
International Legal Framework of Disabled Children’s Right to Benefit from Social Security
Nóra JAKAB

Acta Univ. Sapientiae, Legal Studies, 13, 2 (2024) 23–42

DOI: 10.47745/AUSLEG.2024.13.2.02

Abstract. This article explores the international legal framework governing the social security rights of disabled children, emphasising its foundation in various international treaties and conventions. Social security, often defined as a comprehensive system that addresses risks such as illness, disability, unemployment, and old age, is critical to ensuring equitable living standards. This study highlights key instruments, including the Universal Declaration of Human Rights, the International Covenant on Economic, Social, and Cultural Rights, and International Labour Organization conventions, which collectively establish minimum standards for social protection.The Convention on the Rights of Persons with Disabilities (CRPD) marks a paradigm shift by advancing the human rights model of disability and moving beyond traditional welfare approaches to promote empowerment, inclusion, and active citizenship. This article underscores the intersection of disability, children’s rights, and social protection by focusing on the Convention on the Rights of the Child (CRC). It examines how these frameworks advocate for social security systems that respect children’s dignity, ensure their inclusion in society, and address specific challenges such as accessibility, non-discrimination, and support services. Notably, the CRPD calls for policies that account for disability-related costs, facilitate independent living, and encourage community participation, thus bridging the gaps in traditional approaches that often perpetuate dependence. The recommendations include the adoption of inclusive social protection systems that integrate disability-related needs, ensure equity, and contribute to Sustainable Development Goals (SDGs).By highlighting best practices, such as tailored cash transfers, in-kind support, and accessible health services, this article emphasises the need for legislative reform, data-driven policymaking, and international cooperation to foster a human-rights-based approach to social security for disabled children.

Keywords: social security, disability rights, Convention on the Rights of Persons with Disabilities (CRPD), children’s social protection, inclusive policy frameworks

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