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.
TABLE OF CONTENTS
chapter |5 pages
Introduction
part |57 pages
The Protection of Human Rights for Persons with Disability in Theory: Intellectual Disability as a Distinct Issue
chapter |17 pages
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
chapter |14 pages
The UN Convention on the Rights of Persons with Disabilities
part |43 pages
The Way Forward