The Public Prosecution Service and the defense of autistic people
Article in Folha de S.Paulo, on 17/12/2019, on the work of the Public Prosecution Service in defending the rights of autistic persons.
Translated from the original.
The term autism is said to have been coined by the Swiss psychiatrist Eugen Bleuler in 1911, deriving from the Greek expressions “autos” and “ismos”. In 1943, Leo Kanner used the expression “infantile autism” to designate socially isolated children with extreme difficulty in communicating. The autism spectrum, however, is very broad, and the symptoms quite varied, including in the degree of difficulty of each person. Each case has its specificities, therefore.
The earlier the problem is identified, the more effective the treatment will be. There is no doubt that special education at school is necessary, in order to include these individuals in society and make use of their full potential. In Brazil and in the developed world there are mechanisms that require this accommodation of autistic people.
There is, in reality, an increasingly significant number of autistic people. According to the WHO (World Health Organization), one in every 160 children has autism. And the UN established April 2 as World Autism Day.
They are special people, endowed with pure virtues that value spirituality and authenticity in communication. They currently mobilize an enormous number of activists, among whom I count myself, being the father of an autistic child. The experience makes us more sensitive and teaches us valuable life lessons. Living with my son is a daily and permanent learning experience, which I find indescribable.
Schools in Brazil are required to provide special treatment to autistic people. I am fortunate to be able to provide the necessary care structure for my son. But what about the hundreds of thousands of abandoned autistic people who need assistance in public and private school systems?
Many other minorities have been covered by energetic action by the Public Prosecution Service and the Judiciary in defense of their rights, but people with autism still lack more effective protection. And the more we defend minorities, the more improved our society will be.
Congress has been advancing and approved Law 12,764, in 2012, which established the National Policy for the Protection of the Rights of Persons with Autism Spectrum Disorder, and Law 13,257, in 2016, which deals with persons with special needs, including those with autism. In addition, Law 13,861 followed, in 2019, which included autism in the Census as a ground for identifying persons with disabilities.
It is worth recalling that law 12,764 provides that, in case of proven need, a person with autism spectrum disorder enrolled in regular mainstream classes will be entitled to a specialized companion.
What is missing, therefore, is oversight of compliance with the laws by the Public Prosecution Service. And it could start with the public school systems. How many autistic students are enrolled in them? Which schools provide specialized aides? How will the Census oversight be carried out? Are autistic people effectively protected by their families and by society?
Fábio Medina Osório
Lawyer and former minister-head of the Office of the Attorney General of Brazil (May/Sept. 2016, Temer government)