The protection of persons with disabilities is a fundamental topic within the international human rights law. The perceived centrality of person with disabilities as subject of rights, as pointed out by the Convention on the Rights of Persons with Disabilities and by the associated Optional Protocol, raises also new questions in the conflict of laws’ field. Conflicts of laws may arise as much from the absence of a uniform definition of person with disabilities, as from the different national rules on this matter. The 2000 Hague Convention on International Protection of Adults provides a uniform legal framework for international cases concerning vulnerable persons. Where the Convention is not in force (e.g. in Italy), conflicts of laws and jurisdiction must be solved by the interpretation of the national rules. In this context, the role of human rights must be considered essential.
The protection of persons with disabilities in private international law
TONOLO, SARA
2013-01-01
Abstract
The protection of persons with disabilities is a fundamental topic within the international human rights law. The perceived centrality of person with disabilities as subject of rights, as pointed out by the Convention on the Rights of Persons with Disabilities and by the associated Optional Protocol, raises also new questions in the conflict of laws’ field. Conflicts of laws may arise as much from the absence of a uniform definition of person with disabilities, as from the different national rules on this matter. The 2000 Hague Convention on International Protection of Adults provides a uniform legal framework for international cases concerning vulnerable persons. Where the Convention is not in force (e.g. in Italy), conflicts of laws and jurisdiction must be solved by the interpretation of the national rules. In this context, the role of human rights must be considered essential.Pubblicazioni consigliate
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
