الملخص الإنجليزي
Islamic law provisions directed in many scripts for the care and welfare of the class of children, weak and vulnerable people and towards helping the needy. This led to the establishment of the rules of jurisprudence in this respect based on facilitation, easement, and simplification. Likewise, international conventions related to the care of children, and the rights of people with disabilities are established on the same foundations to be later ratified by many States and adapted it in its legislations. Whereas, the question here is, was the practical side of the application of these rights achieved? This study came to answer this question and the results are as follows:
1. The study concluded that the most prominent feature that must be available within the rights of a disabled children, to allow a broader benefit for all children on a global level, without discrimination is "the feature of universality". In order to facilitate the application of law provisions for everyone without discrimination. This feature is exclusively present in the Islamic law, as its provisions apply to everyone, without requiring ratification as the case with treaties or nationality, as found in the national legislation.
2. Many States now exhibit a sense of shame towards disabled child as is the case with some families. Keeping the disabled child away from the community is a sign of such families and lack of accurate data and statistics is the sign of such State. This kind of tendency is reflected negatively on the care and rehabilitation of the disabled child and increases the severity of the disability. Consequently, the child will continue to be observed as a burden on the family and State. Such matter must be brought to attention.
3. Legislative loopholes and the variation in the distribution of basic services such as education and health are a clear evidence of the lack of a comprehensive approach to ensure the accurate realization of the rights and welfare of the disabled child. In the absence of such an approach there will be no tangible progress.
