The right to live in the community as the right to have rights

Abstract

The present thesis explores Article 19 of the United Nations Convention on the Rights of Persons with Disabilities, which recognizes the right of all persons with disabilities to live in the community, with choices equal to others. The relationship between Article 19 and the other articles of the Convention are explored, in order to discuss the role of Article 19 in the Convention. The thesis examines whether the right to live in the community, set out in Article 19, can be considered as the most central right of the Convention. The thesis applies the legal analytical method, and it is based on the Convention on the Rights of Persons with Disabilities; the communications of the Committee on the Rights of Persons with Disabilities; official reports of the United Nations as well as international non-governmental organizations; and scientific articles from books and journals. By using Arendt’s idea of “the right to have rights” as a theory, this thesis argues that the right to live in the community, contained in Article 19, constitutes the right to have rights for persons with disabilities and therefore it can be considered as the most central right of the Convention.

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