RIGHTS OF AUTISTIC MOTHERS: A STUDY ON BARRIERS TO ACCESSING HEALTH SERVICES "IN LIGHT OF THE PRINCIPLE OF HUMAN DIGNITY"

Abstract

This article aims to address the rights of mothers with autistic children and the legal recognition of aspects of the Constitutional Principle of Human of the person Dignity in the health sphere. In Brazil, there are laws that serve as a basis for understanding the contextualization, namely: Law No. 12,764, of December 27, 2012, and Law No. 13,146, of July 6, 2015, known as the Brazilian Law for the Inclusion of Persons with Disabilities (LBI) or Statute of Persons with Disabilities, which both enshrine the same objective: the inclusion and effective participation of accentuated rights for all without any type of inequalities. Based on doctrinal, jurisprudential, and legislative research, recent initiatives of bills, judicial decisions, and legal principles aimed at recognizing the rights of mothers in access to health are evaluated. The progress made in the rights of mothers with autistic children, driven by human dignity, stands out, as do the cultural and legal challenges of overcoming the perception that they are not a priority when it comes to access to healthcare. Finally, measures are proposed to improve the protection of rights that are guaranteed and must be protected, reaffirming the need for regulatory adjustments and a paradigm shift that ensures the dignity and protection of both mothers and their children.