‘Imagine all the people sharing all the rights’: The application of the United Nations Convention on the Rights of Persons with Disabilities in the practice of the European Court of Human Rights with a focus on the right to vote
(2021) JAMM07 20211Faculty of Law
Department of Law
- Abstract
- The thesis covers human rights violations against persons with disabilities, focusing on their right to political life and the right to vote, using the framework of critical disability theory. The aim of the thesis is two-folded: it analyses the use of the UN Convention on the Rights of Persons with Disabilities (CRPD) in the adjudication of the European Court of Human Rights
(ECtHR) with a focus on the right to vote of persons with disabilities. The CRPD aims at the maximum level of protecting the human rights of persons with disabilities, including the fundamental right to vote. However, the application of international human rights treaties might meet difficulties on the regional level, especially if there are differences in the two... (More) - The thesis covers human rights violations against persons with disabilities, focusing on their right to political life and the right to vote, using the framework of critical disability theory. The aim of the thesis is two-folded: it analyses the use of the UN Convention on the Rights of Persons with Disabilities (CRPD) in the adjudication of the European Court of Human Rights
(ECtHR) with a focus on the right to vote of persons with disabilities. The CRPD aims at the maximum level of protecting the human rights of persons with disabilities, including the fundamental right to vote. However, the application of international human rights treaties might meet difficulties on the regional level, especially if there are differences in the two systems approach. Firstly, the research covers whether the CRPD is used in the practice of
the ECtHR and what level of interpretative effect it has. Secondly, it focuses on what added value the material protection of the right to vote in the CRPD brings and whether this is applied in the practice of the ECtHR. To answer the questions, I relied on the text of CRPD, the ECHR, and the ECtHR case-law. In addition to it, I analysed non-binding international documents as well, such as the CRPD Committee’s case-law and General Comments complemented with scholarly materials. Based on the analysis, it can be established that the ECtHR frequently uses the CRPD, but it is hard to establish a steady practice. Regarding the right to vote, it can be said that there is a tremendous potential added value of the CRPD to the protection of the right to vote of persons with disabilities, which is currently not realized through the practice of the ECtHR. (Less)
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http://lup.lub.lu.se/student-papers/record/9062095
- author
- Báthory-Okunlola, Noémi LU
- supervisor
- organization
- course
- JAMM07 20211
- year
- 2021
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- disability law, right to vote, legal capacity, guardianship, European Court of Human Rights, CRPD
- language
- English
- id
- 9062095
- date added to LUP
- 2021-08-16 16:36:05
- date last changed
- 2021-08-16 16:36:05
@misc{9062095,
abstract = {{The thesis covers human rights violations against persons with disabilities, focusing on their right to political life and the right to vote, using the framework of critical disability theory. The aim of the thesis is two-folded: it analyses the use of the UN Convention on the Rights of Persons with Disabilities (CRPD) in the adjudication of the European Court of Human Rights
(ECtHR) with a focus on the right to vote of persons with disabilities. The CRPD aims at the maximum level of protecting the human rights of persons with disabilities, including the fundamental right to vote. However, the application of international human rights treaties might meet difficulties on the regional level, especially if there are differences in the two systems approach. Firstly, the research covers whether the CRPD is used in the practice of
the ECtHR and what level of interpretative effect it has. Secondly, it focuses on what added value the material protection of the right to vote in the CRPD brings and whether this is applied in the practice of the ECtHR. To answer the questions, I relied on the text of CRPD, the ECHR, and the ECtHR case-law. In addition to it, I analysed non-binding international documents as well, such as the CRPD Committee’s case-law and General Comments complemented with scholarly materials. Based on the analysis, it can be established that the ECtHR frequently uses the CRPD, but it is hard to establish a steady practice. Regarding the right to vote, it can be said that there is a tremendous potential added value of the CRPD to the protection of the right to vote of persons with disabilities, which is currently not realized through the practice of the ECtHR.}},
author = {{Báthory-Okunlola, Noémi}},
language = {{eng}},
note = {{Student Paper}},
title = {{‘Imagine all the people sharing all the rights’: The application of the United Nations Convention on the Rights of Persons with Disabilities in the practice of the European Court of Human Rights with a focus on the right to vote}},
year = {{2021}},
}