Child-well-being

As part of healthy human diversity, autistic persons should be welcomed and respected in society. Such a culture of diversity takes a lot of time to develop. Only the people themselves can achieve this. In order for autistic children to develop into individual personalities, we have described diversity culture and dangers in our current social design in more detail on the following pages.

Again and again it happens that mostly through ignorance, growing autistic people suffering is inflicted. In addition, we generally do not approve accommodation that endangers children, both in public institutions and in the private sphere. However, this is partly due to the barrier load and other dangers for the well-being of the child. In the short and long term, a worsening of the condition became more frequent, especially in the following treatment of autistic children:

  • dangerous methods such as the use of sodium chlorite (MMS) to "cure" the child

  • classical, instrumental and operant conditioning in Applied Behavioral Analysis (ABA) to obtain a "normal" child

  • the detention therapy (KIT), which is supposed to "desensitize" the barriers, which is basically doomed to failure

  • Accommodation in county services, because parents reject their children as autistic because of their way of being

  • other harmful therapy prescription against the autistic way to be

  • medication with a deterioration of the condition due to lack of barrier removal

Towards an inclusive society

The aim is to achieve social equality and equal opportunities for autistic people, in particular access to inclusive education and unhindered access to the job market.[1][2] The independence of autistic people must be promoted and their dignity respected, while preserving the personal development and respect for the developing individual abilities of disabled children.[3][4] This circumstance affects only the prohibition of discrimination.[5][6] This can only be achieved by respecting, protecting and fulfilling their fundamental rights and freedoms.[7][8]

It is the right of autistic children to know and be cared for by their parents.[9][10][11] However, this does not exclude the right to appropriate and (threatening) disability support.[12][13] Family life must be promoted and support must be provided to prevent the child from being separated. Germany has even undertaken to ensure that disabled children can participate in play, recreation, leisure and sports activities on an equal footing with other children, including school children.[14][15]

It is recognised that disabled children can also claim all human rights and fundamental freedoms.[16] The welfare of the child must under no circumstances be endangered, not even in a day care centre or other social room, not even through the imposition of barriers such as sensory noise. For the Federal Republic of Germany, the obligation not to apply cruel, inhuman or degrading treatment or punishment is implemented by the justified constitutional duty of all state authorities to protect human dignity.[17][18]

When things get tricky

However, many problems can be solved in advance. We will be happy to advise you. In the event of problems, families can also contact the local police and arbitration courts, who can reliably resolve incidents, and suitable protective measures for the children can also be taken in writing and bindingly out of court.

Nevertheless, it must be emphasized that the well-beeing of the autistic child must be protected just as it is of any other child. No distinction can and must be made as to whether the child is autistic or not. Even in the case of autistic persons without intent, bodily injury or deliberate acts or mistreatment of protected persons would result.[19][29][21]

Physical mistreatment, that is any wicked inappropriate treatment that is used, is not permitted either out of ignorance or on purpose. Any action against the autistic child which either impairs the psychological well-being or the physical or mental integrity not only insignificantly leads to the application of the rights of the FRG. Also for autistic children.

Cooperation with "experienced professionals" (child protection)

We therefore explain the risks taken by those who try out the above methods on their own offspring or on themselves. This is often accompanied by an endangerment of the child's well-being and must therefore be prevented as far as possible or ended immediately. As child-welfare organisation, we are equipped with the opportunity to involve experienced specialists in child protection issues, so that help can be provided immediately to all those involved. In urgent cases, please contact the hotlines of the centres specialising in emergencies. At present, we can only provide support.

We ask for your understanding that in such cases we are at present not able to offer any more advice and accompanying support to the peer support. Our organisation is not (yet) specialised in child protection and in such cases we work as a corporate member under our central association AWO exclusively with an experienced specialist of the AWO (currently exclusively in Berlin).

Bibliography

1. UN-Behindertenrechtskonvention (UN-BRK) Art. 24 Abs. 1 S. 2

2. Latham & Watkins 2009, S.3, Völkerreichtle Fragen des inklusven Unterrichts in Deutschland im Zusammenhang mit dem Inkrafttreten des Übereinkommens der UN-BRK

3. UN-BRK Artikel 3: Achtung der Menschenwürde, Selbstbestimmtheit und Wahrung der Identität

4. Grundgesetz Artikel 2 Abs. 1

5. Grundgesetz Art. 3 Abs. 3 Satz 2

6. Poscher, Ralf; Rux, Johannes; Langer, Thomas (2008). Gutachten zum völkerrechtlichen Recht auf Bildung und seiner innerstaatlichen Umsetzung

7. UN-BRK Artikel 22 Abs 1: Privatsphäre und Kommunikation

8. UN-BRK Artikel 22 Abs 3: Vertraulichkeit von Informationen

9. UN-BRK Artikel 18 Abs 2: Geburtsregister und Namensrecht

10. Artikels 24 Abs. 2 und 3 des UN-Zivilpakts

11. Artikels 7 der UN-Kinderrechtskonvention

12. Grundgesetz Artikel 6 Abs. 1 Ehe und Familie

13. Grundgesetz Artikel 6 Abs. 2 Pflege und Erziehung

14. UN-BRK Artikel 23 Abs. 3 Schutz von Ehe und Familie

15. UN-BRK Artikel 30 Abs. 5 Teilnahme am kulturellen Leben

16. UN-BRK Artikel 7 Kinder mit Behinderungen

17. CAT (UN-Antifolterkonvention) Art. 16 Abs. 1 Satz 1 grausame, unmenschliche oder erniedrigende Behandlungen oder Strafen in anderer Form als Folter

18. Grundgesetz Art. 1 Abs. 1 Satz 2 Menschenwürde

19. § 229 Strafgesetzbuch (StGB) fahrlässige Körperverletzung

20. § 223 StGB Körperverletzung

21. § 225 StGB Misshandlung Schutzbefohlener