Human rights law, based on the protection of the non-conditional human dignity, demands protection from non-state violations. The specialised corpus juris of the protection of the rights of persons with disabilities, sharing that foundation, recognises this and permits direct international substantive and procedural protection against some non-state entities with competences and roles that are relevant for the enjoyment of those rights. Simultaneously, indirect protection from non-state violations attributable to other entities is demanded from both states and functional authorities. The fact that persons with disabilities can be frequently prevented from enjoying their human rights by non- state entities with which they interact demands and justifies this lawful and proportionate protection, that is not unique to the special protection of their rights. However, it is necessary to examine if more guarantees against non-state violations are required in order to fully and effectively protect human dignity. On the other hand, the positive contribution that non-state actors can provide to the protection of the rights of persons with disabilities is acknowledged and promoted by the norms that protect their human rights, and that contribution must be permitted. Ignoring this is as wrong as ignoring that non-state actors can violate human rights.
The framework of the protection of the human rights of persons with disabilities from non-state entities
carrillo santarelli
2013-01-01
Abstract
Human rights law, based on the protection of the non-conditional human dignity, demands protection from non-state violations. The specialised corpus juris of the protection of the rights of persons with disabilities, sharing that foundation, recognises this and permits direct international substantive and procedural protection against some non-state entities with competences and roles that are relevant for the enjoyment of those rights. Simultaneously, indirect protection from non-state violations attributable to other entities is demanded from both states and functional authorities. The fact that persons with disabilities can be frequently prevented from enjoying their human rights by non- state entities with which they interact demands and justifies this lawful and proportionate protection, that is not unique to the special protection of their rights. However, it is necessary to examine if more guarantees against non-state violations are required in order to fully and effectively protect human dignity. On the other hand, the positive contribution that non-state actors can provide to the protection of the rights of persons with disabilities is acknowledged and promoted by the norms that protect their human rights, and that contribution must be permitted. Ignoring this is as wrong as ignoring that non-state actors can violate human rights.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.