Legal Protections Against Discrimination in Healthcare for Children with Special Needs in Indonesia

Faculty of Law, Borobudur University, Indonesia

^* Corresponding Author: ely.yulian@gmail.com

Abstract

Human rights may be defined as the basic rights that every human being is presumed to possess from the moment of birth. It is the responsibility of the government to protect its citizens, a responsibility that encompasses the protection of all, including children. This obligation extends to all children, regardless of their specific circumstances, including those with special needs, who are often referred to as children with disabilities. This study addresses two research questions, namely: how the legal framework in Indonesia regulates the protection of children with special needs in healthcare services and how is the law enforcement regarding cases of discrimination in healthcare services against children with special needs in Indonesia. This normative juridical research employs both a statutory approach and an analytical approach. The outcome of this research is that the legislation and regulatory framework governing the fulfilment of the rights of children with special needs, including health services, has resulted in the establishment of legal entitlements, benefits, and certainty. However, in practice, the fulfilment of the rights of children with special needs to obtain health services without discrimination has not been implemented in accordance with the relevant legislation.