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The STUDIA UNIVERSITATIS BABEŞ-BOLYAI issue article summary
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Abstract: Access To Justice And Political Participation In The Context Of Disability. This report portrays the discussions from the 6th International disability law Summer School held in Galway, Ireland. It can stand both as an introduction in the field of disability law and as a rich source of information, a leading ramp concerning it’s approached issues. The main goal of the rapport is to bring attention on the right to access justice and to participate in the political life for persons with disabilities in Romania in the lights of the International Convention on rights of persons with disabilities.There are no such things as disability rights, there are only human rights translated in the context of disability. The obligations of the State parties to the Convention fallow the new way of approaching disability: inclusion and recognition without discrimination for all people. This new way demands the rediscovery of the self, the empowerment of the person, and encouragement of the self to exit its internal forum and to be recognised as a participant in the external forum of the society. And this can only be done by recognising all human rights to persons with disabilities.The main international instrument that is used in this context approaches the rights to access justice and to participate politically in the broader context of the right to legal capacity which stands as a sine qua non condition for the existence and recognition of all the other rights. At first, the paper will lay out the historic context of the Convention. Further, the discussions will follow the importance of the concept of legal capacity. The different contexts in which the right to access justice must be recognised and enforced for persons with disabilities and the political participation of those persons will constitute the next part of the discussions. Finally, the importance of the civil society direct participation and commitment in the process of monitoring the Convention will be analysed. Last but not least, the concept of strategic litigation will give form to the final part of this rapport.
Keywords: legal personality ; legal capacity ; disability ; International Convention on the Rights of Persons with Disabilities ; access to justice ; political participation
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