Abstract
Abstract The United Nations Convention on the Rights of Persons with Disabilities (CRPD) was the first treaty to be incorporated as a Constitutional law, according to the determination of the Brazilian Constitution for human rights treaties. In addition, the Optional Protocol was also promulgated, recognizing the competence of the Committee on the Rights of Persons with Disabilities to supervise the application of the treaty in Brazil. This study aims to analyze the impact of the Committee and Convention in Brazilian courts, specifically in the courts that have jurisdiction to rule on cases based on treaties, that is, the Federal Justice. An extensive survey of judicial decisions was carried out in order to verify whether the protections of the treaty are applied. This research focus on the efforts to ensure the rights of persons with disabilities on the Brazilian legal system, based on the commitment to international cooperation to guarantee and promote the rights and principles announced in the CRPD, particularly regarding the social model of disability, which is the main protective concept used in the treaty.
Highlights
After centuries of exclusion and stigmatization of persons with disabilities, this socially differentiated group1 has achieved a legal status that meant a real break of paradigms, both in the international order and in the Brazilian legal order
This study aims to analyze the impact of the Committee and Convention in Brazilian courts, in the courts that have jurisdiction to rule on cases based on treaties, that is, the Federal Justice
This research focus on the efforts to ensure the rights of persons with disabilities on the Brazilian legal system, based on the commitment to international cooperation to guarantee and promote the rights and principles announced in the CRPD, regarding the social model of disability, which is the main protective concept used in the treaty
Summary
After centuries of exclusion and stigmatization of persons with disabilities, this socially differentiated group has achieved a legal status that meant a real break of paradigms, both in the international order and in the Brazilian legal order. The United Nations Convention on the Rights of Persons with Disabilities (CRPD), signed in New York on March 30, 2007, affirmed the social model of disability and formally ensured equality in the right to citizenship for this group of people. This concept comprehends disability as a long-term impairment that, in interaction with attitudinal or physical barriers, can hinder the full and effective participation of the persons with disabilities in society on equal terms with others (article 1 of the Convention), rather than placing the responsibility for this barriers on the persons with disabilities themselves, as previous concepts perceived. The Brazilian Inclusion Law (Federal Law 13.146, of July 6th, 2015), which was drafted in accordance to the determinations of the Convention, implemented a series of measures to ensure a more extensive inclusion for persons with disabilities in Brazilian society, following the system of protection to human rights established by the Federal Constitution of 19883
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