Description
This book argues that intellectually disabled persons should be given the same rights as other individuals in a liberal society, based on the theory of ethical individualism. It also discusses current legal practices and the case law of the European Court of Human Rights in relation to disability, as well as suggestions for positive measures to be taken in order to protect the rights of intellectually disabled persons.
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.
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