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The Protection Of The Rights Of Persons With Disabilities In The Case Law Of The European Court Of Human Rights

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Chapter Summary

This chapter aims at reflecting upon the status of persons with disabilities within the legal framework of the European Convention of Human Rights (ECHR) and in the case law of the European Court of Human Rights (ECtHR). It is well known that the Convention primarily aims at protecting those human rights which are usually labelled as civil and political rights as opposed to social and cultural rights. Traditionally the rights of people with disabilities have first and foremost been seen as falling within the category of social rights. The classical rights are to a much lesser degree qualified by reference to costs, although their fulfillment, in reality, usually involves some costs. The classical response of courts in most countries is to give the legislator and the authorities a margin of appreciation, wide or narrow as the case may be, to decide how and to what extent such claims are met.

Keywords: European Convention of Human Rights (ECHR); European Court of Human Rights (ECtHR); legal framework



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