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International legal aspects on protection of interests of the persons with disabilities
Abstract.This article analyzes the forming concept of “universal legal capacity and equality” applicable to people with disabilities or limited mobility. It is contained in all basic acts dedicated to the status of disabled, documents and practice of the Committee on the Rights of Persons with Disabilities. Currently, the international community is concerned over the situation with declaring, but low likelihood of exercising of certain individual rights by the persons with disabilities. For solution of this issue was proposed a concept that allows limiting the use of custodial-isolation approach towards people with disabilities or similar categories of people. The aim of this research is to resolve the question of feasibility of correction of this situation through changes in specific legislative and international bills. The conclusion of this study consists in the claim that the concept of “universal legal capacity and equality” is only partially capable of correcting the state of things; practical implementation of rights of persons with disabilities depends not only on formulation of legislative bills, but also conducting number of research, which are not of strict legal nature and must pursue correction of the social dogmas in social consciousness.
Keywords: universal legal personality, equality, persons with disabilities, disabled people, International Law, Protection of Human Rights, Committee, Convention, United Nations, legal status
Article was received:28-08-2018
This article written in Russian. You can find full text of article in Russian here .