In Germany, how young people are able to participate in society depends on many factors that they cannot influence. These include the socio-economic status of their parents as well as a migration background or a disability. The law has hardly addressed this to date. This article examines the blind spots in German constitutional law as well as the different approaches in international human rights protection. While the UN Convention on the Rights of Persons with Disabilities (CRPD) harbours potential for dealing with children with disabilities, the balance for other disadvantaged groups such as children from socially disadvantaged families and those with a migration background is too meagre to leave it at a stocktaking. For this reason, the concept of the CRPD is used as a blueprint to develop a general fundamental and human rights concept for dealing with children who are prevented from participating fully in society due to their actual or perceived difference.
in: Kirsten Scheiwe/Wolfgang Schröer/Friederike Wapler/Michael Wrase (eds.) Teilhabe für alle - Auf dem Weg zu einer diskriminierungsfreien Kinder- und Jugendhilfe, 2025, pp. 25-62: Open Access (external link, opens in a new window)
