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.
Andreas Dimopoulos studied Law in Athens, before obtaining a scholarship from the Greek Foundation for Scholarships which enabled him to study for an LL.M. at the University of Edinburgh and pursue a Ph.D. at the University of Cambridge. He is currently practicing law in Greece and is active in the field of disability rights.
Contents: Preface; Introduction; Part I The Protection of Human Rights for Persons with Disability in Theory: Intellectual disability as a distinct issue; A principled approach to human rights issues raised by intellectual disability. Part II The Protection of Human Rights for Persons with Intellectual Disability in Practice: The UN Convention on the Rights of Persons with Disabilities; The European Convention on Human Rights and the case law of the European Court of Human Rights in respect of applicants with intellectual disability; English law in relation to welfare, intellectual disability and human rights; German law relating to intellectual disability, incapacity and welfare. Part III The Way Forward: Applying the human dignity reasoning to sterilisation procedures under English law, the MCA 2005 and the case law of the ECtHR; A new protocol on disability?; Appendix; Bibliography; Index.
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- ID: 9780754677604
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