Children and young people with special educational needs, beneficiaries of the right provided for in Art. 129 para. 3 of Law no.272/2004 on the protection and promotion of the rights of the child

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

In the systematic interpretation of the provisions of Article 51 para. 2 of Law no. 1/2011 and Art. 129 para. 1 and 3 of Law No. 272/2004, the Court found, first of all, that the social assistance granted to a child with special educational needs must be equal to that granted to a child in respect of whom a social protection measure has been taken, even if no such measure has been taken in respect of that child. Secondly, it was held that where a child with special educational needs is also classified as disabled or is infected with HIV or has AIDS, he or she must benefit from the 50% increase in the rights conferred by the first paragraph of Article 129 of Law No 272/2004 in accordance with the third paragraph of the same article, even if, on the one hand, the disability is not HIV/AIDS or, on the other hand, although infected with HIV or having AIDS, the child is not classified as disabled.