Os desafios da efetivação dos Direitos das Pessoas com Deficiência: meios institucionais no plano internacional para a busca da autonomia e da isonomia

Abstract

One of the themes which that has been gainning the attention among scholars, is the question of automony and the isonomy of people with disabilities, as a condition for their dignity. The reason for this interest came about during an International Convention on the Rights of the person with disability and its optional protocal, signed in New York, on March 30th, 2007, and which were incorpotated into the Catalog of our fundamental Rights, through the legislative decree, number 186/2008, which has approved these texts, in the manner of article 5, paragraph 3, of the Constitution. Thus, this chapter is devoted to the subject mentioned above and it has been divided into four parts: - the first, is aimed towards examining the legal protection of the dignity of the disabled person provided by the Original Constituent Power; - the second, for consideration of the rights to isonomy and autonomy contained in the International Convention on the Rights of Persons with Disabilities; - the third, referring to this same subject, however, within the scope of the Statute of the Person with Disabilities, with a specific focus on Article 4 of this Law; - the fourth devoted to the implementation mechanisms of the International Convention on the Rights of Persons with Disabilities and its Optional Protocol. This point, therefore, lies the objective of this work, which is to ponder on a contribution that could happen if an International Constitutional Court were established, serving as upgrad for human rights and, in this case, even as a protective tool for the disabled person . This is a theoretical research, with a documentary survey. For this purpose, the dialectical, historical, inductive, and jurisprudence methods were employed.

Keywords

• People with disabilities
• human rights
• international constitutional court