The State's Responsibility for the Safeguarding of Inherited Property of Children with Special Needs
Keywords:
Inheritance Rightsl; Children with Special Needs; Guardianship; Legal Protection; State Responsibility.Abstract
This study explores the state's responsibility in safeguarding the inheritance rights of children with special needs, focusing on both national and international legal frameworks. The protection of children with disabilities, particularly regarding inheritance management, is a crucial issue given their vulnerable status in society. The study examines the role of national legislation, such as the 1945 Constitution, the Child Protection Law, and the Civil Code, in securing the inheritance rights of children with special needs. Additionally, it investigates the implementation of guardianship systems, particularly the curatela system, in Indonesian courts. The challenges that impede effective management and protection of these rights, such as a lack of awareness and institutional barriers, are identified. Furthermore, the study draws upon international legal instruments, including the Convention on the Rights of the Child (CRC) and the Convention on the Rights of Persons with Disabilities (CRPD), which mandate the state's obligation to ensure equal rights and access for children with special needs. The findings suggest that while there is a strong legal foundation, there are gaps in practical implementation that need to be addressed. The paper concludes with recommendations for policy reforms to strengthen the role of the state in guaranteeing the inheritance rights of children with special needs, ensuring their protection in line with inclusive and human rights standards.
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