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COMBATING DISCRIMINATION ON THE GROUNDS OF DISABILITY IN INTERNATIONAL AND EU LAW Print E-mail

Gregor Maučec

Abstract
The article provides for a critical overview of international and in particular EU human rights and non-discrimination frameworks relevant and applicable to unequal treatment of persons with disabilities. Having considered the contents and scope of relevant international human rights and non-discrimination provisions the author turns to the questions as to how these provisions might be exercised, who the rights holders and duty bearers would be and what the challenges of balancing different rights and needs are. The article also includes the definition of the concept of disability in the context of non-discrimination law and examines the dimensions of disability discrimination as defined in international and EU law. The author concludes that international and especially modern EU non-discrimination law establish a wide and inclusive legal framework for dealing with disability discrimination. However, the actual scope of the realisation of international and European legal standards on disability discrimination in each state will depend on the consistency and effectiveness of their national implementation and on the manner of putting them into practice.

Keywords: Persons with disabilities, disability discrimination, international law, EU law, EU member states’ legislations

Gregor Maučec M.A., is a research fellow at the ISCOMET Institute, Maribor, Slovenia

Cite this article:
Maučec Gregor . COMBATING DISCRIMINATION ON THE GROUNDS OF DISABILITY IN INTERNATIONAL AND EU LAW. Innovative Issues and Approaches in Social Sciences, vol.6, no.1:64-76, DOI:http://dx.doi.org/10.12959/issn.1855-0541.IIASS-2013-no1-art04

Digital Object Identifier(DOI): http://dx.doi.org/10.12959/issn.1855-0541.IIASS-2013-no1-art04

View full text in pdf: http://www.iiass.com/pdf/IIASS-2013-no1-art04.pdf

 

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