The Positive Perception of Disability As a Human Rights Principle and the Reality of Prenatal Testing

17 Pages Posted: 1 Jul 2019

See all articles by Harald Christian Scheu

Harald Christian Scheu

Charles University in Prague - Faculty of Law

Alice Aupetit

Université Panthéon-Assas (Paris II)

Date Written: June 27, 2019

Abstract

In this article we deal with the Convention on the Rights of Persons with Disabilities which as a rather new and important human rights instrument has introduced some innovative elements into the system of international human rights protection. The CRPD is intended to give full effect to rights of disabled persons by including them into society and influencing their positive perception by society. However, the issue of prenatal screening and selective abortion shows that there is a rather sharp contrast between the Convention's new approach and social reality. In the last part of the article we focus on a judgment of the French Council of State which highlights some contradictions and paradoxes characterizing the protection of persons with disabilities.

Keywords: Convention, Persons with Disabilities, Positive Perception, Prenatal Screening, Council of State, Discrimination, Public Interest

Suggested Citation

Scheu, Harald Christian and Aupetit, Alice, The Positive Perception of Disability As a Human Rights Principle and the Reality of Prenatal Testing (June 27, 2019). Charles University in Prague Faculty of Law Research Paper No. 2019/II/3 . Available at SSRN: https://ssrn.com/abstract=3412343 or http://dx.doi.org/10.2139/ssrn.3412343

Harald Christian Scheu (Contact Author)

Charles University in Prague - Faculty of Law ( email )

Nam. Curieovych 7
Praha, 116 40
Czech Republic

Alice Aupetit

Université Panthéon-Assas (Paris II) ( email )

12 place du Panthéon
Paris, 75005
France

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