Konwencja o prawach osób niepełnosprawnych w świetle prawa międzynarodowego. Wybrane problemy
The Convention on the Rights of Persons with Disabilities in light of international law. Selected problems

Summary/Abstract: The objectives of the study are: legal characterization of the “Convention on the Rights of Persons with Disabilities”, aiming to identify the obligations contained in its provisions; a search for legal instruments to remove discrimination against persons with disabilities; a legal reflection on the modus operandi of the UN GA’s work on the Convention. I have used various methods in the study, appropriate to the objectives. The thesis is that the Convention does not expand the catalog of norms of international law. The Convention reiterates existing and universally recognized norms belonging to the core of human rights and complements them with para-norms - not designating obligations. States aware of the discrimination against people with disabilities and at the same time unable to develop a universal standard for the elimination of discrimination through affirmative action accepted the creation of a Convention without normative content and new norms. They judged that a “poor” Convention was better than no Convention. They did not negotiate the development of international human rights law, but only agreed to respect the old norms. However, no universal mechanism for raising the standard of implementation of the old norms was introduced. I positively verify the theses and meet the research objectives in this study. The legal analysis leads to a conclusion that it is a case of bad lawmaking. At the same time, given the challenge of discrimination, it is good that at least such a convention was adopted; for realistically, the choice was: this or no convention.

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