Review article
The Violation of Procedural Rights of Persons with Disabilities
Katarina Knol Radoja
orcid.org/0000-0003-0275-3076
; Faculy of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Abstract
Persons with disabilities are vulnerable and marginalized social group and they are often subject to discrimination and various forms of violations of fundamental human rights.
The aim of this study was to analyze the jurisprudence of the European Court of Human Rights concerning the violation of the rights of the persons with disabilities and review the compatibility of national family procedural legislation with the mentioned jurisprudence and the provisions of the Convention on the Rights of Persons with Disabilities. After the analysis it can be concluded that the Republic of Croatia was often the party to proceedings before the European Court of Human Rights on issues of violation of the rights of persons with disabilities but the latest revisions of the Family Law Act should contribute that such issues change in a positive direction. In order to applaud the basic human rights of the persons with disabilties besides changes made in family law the author also proposes changes pro futuro to the provisions concerning these persons in the Civil Procedure Act and other regulations.
Keywords
legal capacity; fair trial; access to court; European Court of Human Rights
Hrčak ID:
153017
URI
Publication date:
30.12.2015.
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