Mechanisms for Protecting Rights of Persons With Disabilities: The International Framework and the Cases of Brazil and Portugal

Ana Côrtes, Pedro Oliveira (2022)

New article by LawTransform affiliate Ana Côrtes and her colleague Pedro Oliveira (University of Coimbra, Portugal).

Persons with disabilities have historically occupied a vulnerable position in society. However, it was only after the Second World War that a sense of responsibility became stronger in the international community in order to prevent their rights from violations. This article aims to present both a brief analysis of the international legal framework on the rights of persons with disabilities, focused on the CRPD, and a case study with legal, historical and practical aspects focused on the Brazilian and the Portuguese contexts. Besides the introduction and the final remarks, the text is divided into two main parts: one focused on the protection of persons with disabilities in an international law perspective and the other presenting the case study. The case study, in its turn, is divided into a description of the legal framework in Brazil and in Portugal and an empirical case-law study focused on the approach to the civil capacity of persons with disabilities.


The article is available here.