Issues in Human Rights Protection of Intellectually Disabled Persons

Andreas Dimopoulos, Professor Sheila A. M. McLean

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Ashgate Publishing Limited
28 April 2010

Series: Medical Law and Ethics

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.

By: Andreas Dimopoulos
Series edited by: Professor Sheila A. M. McLean
Imprint: Ashgate Publishing Limited
Country of Publication: United Kingdom
Edition: New edition
Dimensions: Height: 234mm, Width: 156mm,
Weight: 612g
ISBN: 9780754677604
ISBN 10: 0754677605
Series: Medical Law and Ethics
Pages: 264
Publication Date: 28 April 2010
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

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.

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.