Original scientific paper
DISCRIMINATION OF PERSONS WITH DISABILITY AND THEIR INCLUSION IN THE SOCIETY WITH THE EMPHASIS ON THEIR RIGHT OF ACCESS TO THE COURT
Sanja Grbić
; Pravni fakultet Sveučilišta u Rijeci
Dejan Bodul
; Pravi fakultet Sveučilišta u Rijeci
Vanja Smokvina
; Pravni fakultet Sveučilišta u Rijeci
Abstract
While it is true that the legal regulation of persons with disability is one of the most delicate elements of legal regulation, their legal status in the society is a reliable indicator of the achieved level of democracy. In light of the trend of legal development of protection, in the framework of a modern plural social policy, the legal theory has repeatedly underlined that the legislative solutions must enable the right to equal opportunities, but first of all the right to difference, considering the person with disability as an individual person, with all general and specific needs. Nevertheless, the discrimination on the ground of disability is still present despite the enactment of numerous, national and international, anti-discriminative legal acts (arg. Report, Office of the Ombudsman for People with Disabilities for 2009, Zagreb, March 2010, pp. 90). Therefore, with the view of normative and factual improvement, an analytic analysis of the current state of play is needed, in order to prevent discrimination of people with disability and to improve their legal protection in terms of their right of access to the court. Considering the consistent lack of case law in the field of discrimination of persons with disability and their right of access to court within the Republic of Croatia, the authors analyse both case law and legislation in terms of comparative law.
Keywords
discrimination; social rights; disability; right of access to court
Hrčak ID:
107281
URI
Publication date:
20.12.2012.
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