LEGAL RESPONSIBILITY FOR VIOLATIONS OF THE SOCIAL AND ECONOMIC RIGHTS OF PERSONS WITH DISABILITIES

Abstract

The purpose of the article is that its authors have attempted to identify the nature of different types of legal responsibility for the violation of specific socio-economic rights of people with disabilities. For this purpose, through the use of dialectical, comparative legal methods, grouping methods, documentary analysis and analysis, the theoretical-practical and legislative aspects of material (financial), administrative, civil, criminal and disciplinary responsibility for the violation of the rights of persons with disabilities to work, strike, rest, entrepreneurial activity, social protection and social security, housing, health care and rehabilitation and a number of other rights. As a result, specific examples of violations of the social and economic rights of persons with disabilities are given. Emphasis is placed on rare cases of violations of the right to reproductive health of persons with disabilities who wish to become parents, as well as those who are aware of the disability of an unborn child. In this context, the critical situation of persons with disabilities living in prisons, where they are effectively deprived of the right to create a family, is noted. A separate level of violations of the rights of people with disabilities is related to discrimination on the grounds of disability, which manifests itself in all spheres of life of representatives of this category of the population in relation to practically all rights provided for them at the legislative level. The article also mentions frequent cases of violation of the right to an adequate level of social security, to the provision of medicines, to education, to employment, to parking in specially designated places, to free travel on public transport, etc. In connection with such a situation, the institution of responsibility (administrative, civil, criminal, disciplinary and material) for the violation of socio-economic rights of people with disabilities functions. Its grounds and mechanisms of application are defined to varying degrees in the Convention on the Rights of Persons with Disabilities, the Criminal Code of Ukraine, the Code of Administrative Offences of Ukraine, as well as the following laws of Ukraine: "On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine", "On Rehabilitation of Persons with Disabilities in Ukraine", "On Liability for Offences in the Field of Urban Development" and other regulatory acts. The above conclusions are supported by a series of statistical data on the situation of accessibility of the environment for people with disabilities, their employment, the level of impoverishment of this category of the population, the protection of violated rights before the courts, etc. The value of the proposed article is reduced to the fact that it is a complex scientific work reflecting the author's view of the current state, problems and prospects for development of the field of legal responsibility for violation of socio-economic rights of people with disabilities.

Keywords

• person with disabilities
• socio-economic rights
• responsibility
• offence
• crime
• discrimination