Issues in Human Rights Protection of Intellectually Disabled Persons

Nonfiction, Reference & Language, Law, International
Cover of the book Issues in Human Rights Protection of Intellectually Disabled Persons by Andreas Dimopoulos, Taylor and Francis
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Author: Andreas Dimopoulos ISBN: 9781317111788
Publisher: Taylor and Francis Publication: May 6, 2016
Imprint: Routledge Language: English
Author: Andreas Dimopoulos
ISBN: 9781317111788
Publisher: Taylor and Francis
Publication: May 6, 2016
Imprint: Routledge
Language: English

This book develops a legal argument as to how persons with intellectual disability can flourish in a liberal setting through the exercise of human rights, even though they are perceived as non-autonomous. Using Ronald Dworkin's theory of liberal equality, it argues that ethical individualism can be modified to accommodate persons with intellectual disability as equals in liberal theory. Current legal practices, the case law of the ECtHR on disability, the provisions of the UNCRPD and a comparative analysis of English and German law are discussed, as well as suggestions for positive measures for persons with intellectual disability. The book will interest academics, human rights activists and legal practitioners in the field of disability rights.

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This book develops a legal argument as to how persons with intellectual disability can flourish in a liberal setting through the exercise of human rights, even though they are perceived as non-autonomous. Using Ronald Dworkin's theory of liberal equality, it argues that ethical individualism can be modified to accommodate persons with intellectual disability as equals in liberal theory. Current legal practices, the case law of the ECtHR on disability, the provisions of the UNCRPD and a comparative analysis of English and German law are discussed, as well as suggestions for positive measures for persons with intellectual disability. The book will interest academics, human rights activists and legal practitioners in the field of disability rights.

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