Key International Standards for Legal Regulation of Social Protection of Persons with Disabilities

Abstract

The article examines the standards of legal regulation of social protection of persons with disabilities contained in the General Comments of the UN Committee on the Rights of Persons with Disabilities, which are devoted to the interpretation of the Convention on the Rights of Persons with Disabilities. The core of this Convention is the principle of equality. The content of the medical model of disability, which prevents the application of the principle of equality, and the human rights model of disability, which contributes to the application of this principle, are disclosed. In the case of persons with disabilities, the differences between formal equality and substantive equality, equality before the law and equality under the law, equal protection of the law and equal use of the law are considered. The essence of the main positive measures aimed at ensuring the equality of persons with disabilities is analyzed — the creation of accessibility, personal assistance and reasonable accommodation. Discrimination is a violation of equality. Forms and individual types of discrimination on the basis of disability are considered. Standards concerning the financing of measures aimed at ensuring equality for persons with disabilities are being investigated.