ABSTRACT

This book develops a legal argument as to how persons with intellectual disability can flourish in a liberal setting through the exercise of human rights, even though they are perceived as non-autonomous. Using Ronald Dworkin's theory of liberal equality, it argues that ethical individualism can be modified to accommodate persons with intellectual disability as equals in liberal theory. Current legal practices, the case law of the ECtHR on disability, the provisions of the UNCRPD and a comparative analysis of English and German law are discussed, as well as suggestions for positive measures for persons with intellectual disability. The book will interest academics, human rights activists and legal practitioners in the field of disability rights.

chapter |5 pages

Introduction

part |57 pages

The Protection of Human Rights for Persons with Disability in Theory: Intellectual Disability as a Distinct Issue

part |109 pages

The Protection of Human Rights for Persons with Intellectual Disability in Practice: The Marginalisation of Disability in International and National Law