Different, but equal - from a passive object of protection to an active holder rights of persons with disabilities Cover Image

Različiti, ali ravnopravni - od objekta zaštite do nosioca prava osoba sa invaliditetom
Different, but equal - from a passive object of protection to an active holder rights of persons with disabilities

Author(s): Jovica Trkulja
Subject(s): Law, Constitution, Jurisprudence
Published by: Centar za unapređivanje pravnih studija
Keywords: human rights of persons with disabilities; social model of interpretation of disability; non-discrimination; equal opportunities; anti discrimination law; the Law on Prevention of Discrimination of Persons with Disabilities

Summary/Abstract: A social status and legal status of persons with disabilities should be exa-mined from a social model of interpreting disability. Persons with disabilities do not need pity but concrete support, primarily the one that refers to the realization of their basic human rights and freedoms. A precondition for the realization of human rights and the achievement of full equality of persons with disabilities is the existence of anti-discrimination legislation by which the mechanisms of protection in cases of discrimination based on disability are regulated in a precise manner. In addition to the adequate legal framework and anti-discrimination regulations, it is also necessary to adopt the Strategy on undertaking and affirmation of actions and measures for creating equal opportunities based on equality. Formulating and re a li zing this strategy is possible exclusively with the full participation of persons with disabilities. Such actualization of the rights of persons with disabilities and articulation of their interests at a state level can result in their better status in our society after a number of years. The anti-discrimination set of laws that have been adopted in Serbia in the last several years represents a solid legal framework for the realization of rights and equality of persons with disabilities. However, there is a discrepancy between a normative and actual status of persons with disabilities in Serbia. There will be no better living conditions and rights of persons with disabilities without the systematic education of our citizens and relevant social and political factors. The education of only those people who deal with this issue is not enough. Therefore, the normative illusions according to which the new legal regulation would automatically provide persons with disabilities with better conditions should be avoided. New legal regulation in this field is necessary but not sufficient. One should always have in mind that no person is a disturbance in terminology or in reality. A person is not limitation but opportunity and the difference between people should not be made, regardless of whether they have more or less prominent (dis)abilities.

  • Issue Year: 2010
  • Issue No: 3-4
  • Page Range: 9-30
  • Page Count: 32
  • Language: Serbian