National, european and international protection and enshrinement of the rights of people with disabilities

One of the major trends in national, European and international relations is the recognition and enshrinement, through significant acts, of fundamental rights and freedoms belonging to persons with disabilities who, due to their special situation, require appropriate legal protection and special attention from the legislator at national, European and international level. This is the objective of the present study: to compare the different means used by one or the other of the current regulations in order to better understand their technical particularities - it is well known that comparative interpretation is an excellent method for a better understanding of comparative legislation - but also to open the prospect of legislative improvements, because the comparison of acts serves both the protection of the rights of persons with disabilities and the interests of improving our own legislation. Against this background, in this article we attempt to answer the question: how are people with disabilities protected by legal means? with multiple theoretical and practical implications for their protection.

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Publication Details

Published
2024-11-01
DOI
https://doi.org/10.59295/crs2024.40
Primary Topic
Human Rights and Immigration
Type
article
Field-Weighted Citation Impact
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article

National, european and international protection and enshrinement of the rights of people with disabilities

Adina Mocanu
Human Rights and Immigration
article

National, european and international protection and enshrinement of the rights of people with disabilities

Adina Mocanu
article en

Abstract

One of the major trends in national, European and international relations is the recognition and enshrinement, through significant acts, of fundamental rights and freedoms belonging to persons with disabilities who, due to their special situation, require appropriate legal protection and special attention from the legislator at national, European and international level. This is the objective of the present study: to compare the different means used by one or the other of the current regulations in order to better understand their technical particularities - it is well known that comparative interpretation is an excellent method for a better understanding of comparative legislation - but also to open the prospect of legislative improvements, because the comparison of acts serves both the protection of the rights of persons with disabilities and the interests of improving our own legislation. Against this background, in this article we attempt to answer the question: how are people with disabilities protected by legal means? with multiple theoretical and practical implications for their protection.

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