Authors: Francesco Seatzu
Addresses: Department of Law, University of Cagliari, via Sant Ignazio, n. 17, 09123 Cagliari, Italy
Abstract: This article provides a critical assessment of the corpus of law that the European Court of Human Rights ('ECtHR') has used for the protection of human rights of persons with different abilities, focusing in particular on the protection of their right to live and be different. After briefly considering the meaning and content of the right to live and be different both in national and international law, we move on to detect, and to present a critical appraisal of, the 'philosophy' of the ECtHR when called to interpret provisions in the European Convention on Human Rights and Fundamental Freedoms (ECHR) that are relevant to the right of disabled to live and be different. The ECHR articles with possible significance to persons with different abilities will be considered in turn, as well as the contribution that a right to live and be different can provide to the protection of the persons and groups of persons with different abilities.
Keywords: right to live; right to be different; European Convention on Human Rights; European Court of Human Rights; human rights protection; rights of disabled; different abilities.
International Journal of Human Rights and Constitutional Studies, 2013 Vol.1 No.4, pp.301 - 321
Received: 13 Feb 2013
Accepted: 27 Feb 2013
Published online: 22 Oct 2013 *