Perspectives of human dignity in the light of the ONU convention on the rights of persons with disabilities

• Autor(a) principal: Nonato, Domingos do Nascimento
• Data de Publicação: 2015
• Outros Autores: Raiol, Raimundo Wilson Gama
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito Brasileira (Online)
• Texto Completo: https://www.indexlaw.org/index.php/rdb/article/view/2810
• topic: Human dignity. People with disabilities. Recognition and respect for social diversity.

The situation of disability, as an expression of social inequalities, demand prospects and natural treatments. Given this premise, this article has the scope to be guided and discuss about aspects of human dignity brought to light by the Convention on the Rights of Persons with Disabilities (ONU, 2006), international legal instrument that functions as a kind of herald of rights more consistent with the human reality of such people in the XXI century. In this direction, makes use of argumentative contributions from scholars and notoriously consistent bases, both from the point of view as factual, and especially, the legal reality. Taken as the fundamental core of the Constitutions of the Democratic and Social State of Law contemporaries, human dignity is real value that radiates its effects require prestacionais state actions towards its citizens. As the premise of the new constitutional order, human dignity is endowed with high axiological open load, hence its primacy as ethical paradigm and benchmark against the human diversity represented by persons with disabilities. In this scenario, the aforesaid Convention should become truly effective in the highlighted instrument for the purpose of recognition, protection and realization of human dignity that people with disabilities are entitled urging public authorities to promote conditions sufficient material to ensure the achievement of constitutional ideals, including respect for human dignity and social inclusion of such persons.