The Rights of Persons with Disabilities Under the European Convention on Human Rights (under construction)
Learning objectives and brief outline
Abstract
The rights of persons with disabilities are guaranteed by various legal instruments within the Council of Europe the most significant of which is the European Convention on Human Rights. Although the text of the Convention does not explicitly mention any rights for persons with disabilities, their rights have been recognized and protected in the European Court of Human Rights case law. Due to the lack of a specific article of the Convention guaranteeing the rights of persons with disabilities, the Court applies a case-by-case approach in providing protection to this category of victims, while attempting to transpose certain international standards. In this context, the UN Convention on the Rights of Persons with Disabilities is particularly important as the overarching legally binding instrument. This contribution to IPPJIS will include analyses of the legal framework, international standards and the system of protection of persons with disabilities within the framework of the convention system. The analysis will be carried out using the normative and case study method. The contribution will include the most important cases of the European Court of Human Rights, especially the right to education of persons with disabilities.
Learning objectives
Course participants who study the learning module will be able to
- Explain and compare the system of protection of persons with disabilities under European Convention on Human Rights and other international systems.
- Critically evaluate the European Court of Human Rights case law on the rights of person with disabilities.
- Collaborate in the interdisciplinary teams and propose solution to improve rights of person with disabilities based on acquired knowledge.
Contributor
Dr. Ivan Tomić, University of Mostar, ivan.tomic@pf.sum.ba
Field of expertie: Human Rights Law, Constitutional Law