Legal rights of children with disabilities

Abstract

This paper examines the legal rights of differentially able children within the framework of international conventions and Indian national legislation. It analyzes the UN Convention on the Rights of Persons with Disabilities (CRPD) and the UN Convention on the Rights of the Child (CRC), highlighting their specific provisions for differentially able children with needs in areas like education, healthcare, and protection. it will focus on the Rights of Persons with Disabilities Act, 2016, the prerogatives of Children to Free and Compulsory Education Act, 2009, and the Juvenile Justice (Care and Protection of Children) Act, 2015 in India, detailing their key provisions aimed at safeguarding the privileges of these children. There are significant challenges in the effective implementation and enforcement of these legal rights in India, including issues of awareness, infrastructure, trained personnel, and societal stigma. Crucial roles are played by both the state and non-state organizations (NGOs) in advocating for and upholding the reforms for these children. It also touches upon recent developments and case laws in India that reflect the evolving legal landscape. These children need continued commitment and collaborative efforts for the redresal of their legal rights and well-being.