Danielle Jaques: explaining the rights of mothers with special needs childrenDisclosure/Ascom
Published 05/09/2024 13:42
Niterói – In Brazil, it is estimated that around 760 thousand children, aged between two and nine years old, live with some type of disability, representing 4.1% of the total population of people with disabilities in the country, which reaches 18. 6 million, according to data from the Continuous National Household Sampling Survey (Pnad), released by the Brazilian Institute of Geography and Statistics (IBGE) for the year 2022. When we consider the age group from 10 to 19 years old, the total number of children and young people with disabilities reach 1.7 million.
According to lawyer Danielle Jaques, Brazilian legislation still has many gaps in relation to the rights of mothers with children with disabilities. This often forces these mothers to resort to the Judiciary to ensure these rights. “Although many laws guarantee basic rights to people with disabilities, such as access to health care, medication, nutrition and education, mothers often find themselves destitute, especially those who are the only guardians”, highlights Jaques.
According to the lawyer, mothers of children with special needs who work under the Consolidation of Labor Laws (CLT) regime do not have specific rights established by labor legislation, however, they can seek a reduction in working hours and the Social Security Benefit. Continued (BPC) by the National Social Security Institute (INSS).
“For the majority of these mothers, life is dedicated exclusively to caring for their children. Legally, only public servant mothers who have children with special needs are entitled to reduced working hours without a salary reduction, as established in Law 13,370/16. However , recent decisions by the Labor Court have also extended this right to workers in the private sector, thus avoiding discrimination between public and private employees”, explains Jaques.
Danielle Jaques emphasizes that it is possible for mothers, who are guardians of their children, to receive the Continuous Payment Assistance Benefit (BPC), as long as they meet the following requirements: Proof of health condition (disability or serious illness that causes incapacity); Proof of income (maximum family income must be 1/4 of the minimum wage per person); and the need to register in the Single Registry for Social Programs of the Federal Government (CadÚnico).
