Protecting and Promoting Legal Capacity of Persons with Disabilities: Disentangling the Relationship between the CRPD and International Private Law in the Italian Legal System

Social Structures

Author: Francesca Albi, J.D. Candidate – Università degli Studi di Verona (Italy)

Francesca Albi Profile Picture
Francesca Albi

Persons with disabilities represent human diversity and their inherent dignity must be recognised. In legal terms, the protection of human dignity is linked to the recognition and respect of the right to legal capacity, which is established by Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD). According to this provision, persons with disabilities have the right to legally act on an equal basis with others. Even though they may need support and reasonable accommodations, disability cannot be used to justify the denial of the right of persons with disabilities to make their own choices concerning their lives. To this aim, supported (and not substituted) decision-making mechanisms must be provided to help them in decision-making processes.

Since international mobility of adults (including those with disabilities) is an increasing phenomenon in the contemporary globalized world, international human rights instruments acquire special relevance regarding the exercise of civil rights in transnational situations. In that connection private international law, which has been defined as ‘the body of conventions, model laws, national laws, legal guides, and other documents and instruments that regulate private relationships across national borders’, must be read in conjunction with international human rights norms. To this end, legal scholars (Franzina, 2012; Franzina, 2015; Franzina and Long, 2016, 106-177; Franzina, 2019; Long, 2013) who investigate the transnational protection of the rights of adults with disabilities speak of “integral approach” to identify the mutual influence of international human rights and private international law.

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International Holocaust Remembrance Day: An occasion to look at the international prohibition of genocide

Social Structures

Author: Niccolò Zugliani, Doctoral Candidate at the Law Department of the University of Verona (Italy)

Picture used on the United NAtions Educational Scientific and Cultural Organisation (UNESCO) webpage
https://en.unesco.org/commemorations/holocaustremembranceday
https://en.unesco.org/commemorations/holocaustremembranceday
Copyright Musealia

The International Day of Commemoration in memory of the victims of the Holocaust is a yearly reminder of the atrocities perpetrated by the Nazi regime during World War II. It is also an occasion to pay heed to the existence, even at present times, of potential cases of genocide, despite the international commitments to prevent it and to punish its perpetrators. As such, it offers the opportunity to reflect on the hurdles faced by international criminal justice when confronted with this international crime, and on some avenues recently pursued to avoid impunity.

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