Basysta A. Protection of the rights of persons with disabilities within the practice of the UN and the Council of Europe.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U003030

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

15-05-2017

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis focuses on the peculiarities of international legal cooperation of states for the protection of the rights of persons with disabilities within the UN as a universal human rights organization and of the Council of Europe as the leading regional organization in this area. For a comprehensive understanding of the concept of disability the models of disability have been analyzed. The thesis determines the impact of the concept of disability on the establishment and development of the institute for the protection of the rights of persons with disabilities within the international human rights law. The thesis analyses general universal international legal acts on human rights for the protection of the rights of persons with disabilities, as well as highly specialized universal international legal acts on the rights of persons with disabilities. This is supplemented by an analysis of the UNCRPD provisions and its Optional Protocol. The thesis discusses the role of the UN bodies and specialized agencies along with the treaty bodies within the system of control and protection of the rights of persons with disabilities. The Committee on the rights of persons with disabilities holds is a sui generis treaty body. The thesis focuses on the analysis of the Council of Europe rule-making activity on disability issues, especially on the Council of Europe's human rights treaties and acts of "soft" law. It also contains a thorough analysis of the ECtHR case law with regard to the violations of the rights of persons with disabilities and ECSR protective activity. The thesis focuses on specific aspects in the national legal implementation of international legal standards concerning the rights of persons with disabilities in the Ukrainian legal system. The thesis outlines the most problematic aspects in the fulfillment of the Ukraine's international obligations, as: the terminological ambiguity in the law, failure to guarantee non-discrimination on the grounds of disability, to ensure availability of the physical environment, ensure actual equality before the law and access to justice for persons with disabilities, implementation of inclusive education and provision of adequate healthcare and rehabilitation. The thesis offers the ways to solve the aforementioned problems in order to improve implementation of international commitments. The establishment of Monitoring Committee on Disability, Single registry of persons with disabilities and National Program of Deinstitutionalisation has been proven in the thesis.

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