Ochrona praw ucznia/dziecka z niepełnosprawnością

Abstrakt

The article draws attention to the issues of children’s rights with particular emphasis on the rights of a minor with disabilities at school. This issue is important because pupil’s rights at school are an important educational tool, which can have an impact on the development of appropriate pupil-school relations, but also on the development of child-school relations. 

A review of the legal acts in force in Poland – i.e. the Act of 14 December 2016 on educational law and its implementing provisions – has been carried out in the context of pupil’s rights and education on human rights. There are ambiguous provisions in educational regulations, which may be perceived as the rights of a child / pupil in the understanding of human rights, but often these are the rights they are entitled to, e.g. the right to education at all stages of education, in all types of schools according to individual developmental and educational needs and predispositions, to join the local government operating at school and others; however, there still remain many ambiguities and doubts, which have been pointed out in the article. Based on the analysis, several conclusions have been drawn: the legal acts need to be improved, the catalogue of pupils’ rights should be simple, short and clear, and should be based on the catalogue of human rights and the rights of the child, each law should be formulated in such a way that it is clear to the pupil (also one with a disability) and his or her parents what claim results from it.