Disability rights in the Inter-American System of Human Rights

Abstract

In recent years the Inter-American Human Rights System has moved in the direction of increasingly protecting the rights of persons with disabilities. Although the Inter-American singular instrument dealing with disability rights (CIADDIS) does not provide a strong tool for the analysis of individual claims in cases of violations of these rights, both the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have relied on an expansive interpretation of the Inter-American treaties, particularly the American Convention on Human Rights (ACHR), in order to protect them. The purpose of this article is to trace the evolution of Inter-American jurisprudence and practice with regard to the protection of the rights of persons with disabilities. In its first decisions on persons with disabilities, the Inter-American System took a general approach by simply recognising that persons with disabilities are entitled to the same rights as all persons; in its more recent decisions the Inter-American System has taken a proactive approach by interpreting those rights from a particular disability rights perspective. This article will argue that in doing so, the Inter-American System has, in some aspects, progressively caught up with international standards of protection regarding disability rights, while in others, it has developed a particular standard of interpretation that is in conflict with the CRPD’s standards. Inter-American jurisprudence is thus slowly becoming an internationally relevant actor for the interpretation of disability rights, one that should be taken into account.