Titolo della tesi: The Protection of the Rights of the Disabled in International Law
The thesis is on the analysis of the protection of the rights of the disabled at both universal and regional levels. This analysis is needed to detect the problems relevant to the protection of the rights of the disabled and put forward suggestions in order to cope with the problems that disabled people may face in everyday life.
In this ambit, at first, the main legal instruments at the universal level are examined, by concentrating upon the ones adopted within the United Nations framework. In general terms, apart from the United Nations Convention on the Rights of the Disabled, the legal instruments adopted within the United Nations framework contain few specific references to the needs of the disabled mainly from a non-discrimination perspective. The United Nations Convention on the Rights of the Disabled is the landmark treaty on the issue; it is analysed in the second chapter. The provisions of this Convention mark a revolutionary protection for the rights of the disabled. However, they need to be implemented in practice, in this regard, the study in the second chapter is concentrated upon the obligations that States parties must fulfill.
In the following chapters, the protection in the regional level is focused on.
The legal setting offered by European Union Law is dealt within the third chapter especially by concentrating upon the European Union Charter of Fundamental Rights which has a specific provision for the protection of the rights of the disabled. Since the European Union is a party to the United Nations Convention on the Rights of the Disabled, the legal consequences of its participation to this universal treaty are examined in detail. Furthermore, there is an important jurisprudence of the Court of Justice of the European Union on the matter, relevant judgments are focused on to observe the level of protection of the rights of the disabled in practice.
In the same chapter, the interaction is considered with an analysis of the judgments of the European Court of Human Rights. Although there is no specific provision on the rights of the disabled in the European Convention on Human Rights or its Protocols, there is vast jurisprudence of the European Court of Human Rights on the issue.
The fourth chapter is concentrated upon the African system of human rights which is analysed in comparison to the United Nations Convention on the Rights of the Disabled. It is observed that different perspectives in relation to the protection of the rights of the disabled exist in the African system of human rights.
In the fifth chapter, the protection of the rights of the disabled is focused on with a comparison between the American system of human rights and the United Nations Convention on the Rights of the Disabled. It is observed that there is a theme specific convention on the rights of the disabled within the system and an assessment is made on the relevant case-law.
In the last chapter, the monitoring mechanisms with reference to the protection of the rights of the disabled people are examined to test their effectiveness to enforce the rights of the disabled.
In conclusion, the main difficulties arise at the implementation level. To this end, the establishment of a special court to ensure the implementation of the United Nations Convention on the Rights of the Disabled is suggested.