Issues in Human Rights Protection of Intellectually Disabled Persons [Hardcover]

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.This volume examines a wide array of issues relating to human rights and intellectual disability, such as the UN Convention on the Rights of Persons with Disabilities, the case law of the ECtHR, and jurisprudential issues of liberal equality. It will of 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.Introduction; Part I The Protection of Human Rights for Persons with Disability in Theory: Intellectual Disability as a Distinct Issue; Chapter 1 Intellectual Disability as a Distinct Issue; Chapter 2 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 Marginalisation of Disability in International and National Law; Chapter 3 The UN Convention on the Rights of Persons with Disabilities; Chapter 4 The European Convention on Human Rightl“#