International legal foundations for the protection of the environmental rights of persons with disabilities
Year: 2025
Type: article
Abstract: The article is dedicated to the study of the international legal foundations for the protection of the environmental rights of persons with disabilities, who represent one of the most vulnerable social groups in the context of modern global challenges related to climate change and environmental degradation. It emphasizes that environmental risks have a disproportionately high impact on persons with disabilities due to their increased vulnerability, which is caused by physical, informational, and social barriers. The article analyzes international legal instruments adopted at the universal level that contain specific provisions on the protection of the rights of persons with disabilities in the environmental sphere. These include the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol of 2006, resolutions of the UN Human Rights Council, reports by UN Special Rapporteurs (specifically the Special Rapporteur on the rights of persons with disabilities and the Special Rapporteur on human rights and the environment), as well as general comments by the Committee on the Rights of Persons with Disabilities (No. 2 on accessibility (Article 9), 2014; No. 4 on the right to inclusive education, 2016; No. 7 on the participation of persons with disabilities, including children with disabilities, through their representative organizations in the implementation and monitoring of the Convention, 2018, etc.). The article presents conceptual approaches to incorporating disability issues into environmental and climate policy, highlighting the need to consider the requirements of persons with disabilities in disaster response strategies, emergency preparedness measures, access to information, and environmental benefits. Special attention is given to regional mechanisms for protecting the rights of persons with disabilities, including the practice of the European Court of Human Rights, resolutions of the Inter-American Commission on Human Rights, and regulatory acts of the African human rights protection system. The article argues for the necessity of revising approaches to the protection of environmental rights of persons with disabilities as an integral part of the system for safeguarding their human rights. Relevant conclusions and recommendations have been formulated regarding the promotion of inclusion and the regulatory definition of the rights of persons with disabilities in the environmental sphere.
Author: I. S. Voievodin
Institution: V. N. Karazin Kharkiv National University
Language: English
Subfield: Safety Research
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4413199570