INTERNATIONAL LEGAL STANDARDS FOR THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES: SOME ASPECTS OF IMPLEMENTATION IN KAZAKHSTAN AND FOREIGN COUNTRIES
DOI:
https://doi.org/10.52026/2788-5291_2023_73_2_137Keywords:
human rights, persons with disabilities, international standards, disability determination, social protection of persons with disabilitiesAbstract
Protection, respect and promotion of human rights is one of the universally recognized principles of modern international law. Within the framework of the current universal system of human rights protection, special attention is paid to the most vulnerable categories of persons, which include persons with disabilities. In this article, the author analyzes the current international standards of the UN system in the field of ensuring the rights of persons with disabilities, provides a classification of the rights of persons with disabilities within the meaning of the UN Convention on the Rights of Persons with Disabilities.
The author analyzed the legal framework for ensuring the rights of persons with disabilities in Kazakhstan in terms of social protection. In particular, this article studies the practice of establishing disability in Kazakhstan and foreign countries (Estonia, Hungary, Spain), highlights the existing models for assessing disability according to the European approach. The author argues for the need to move in Kazakhstan from the assessment of functional capabilities when establishing disability to a holistic approach to assessing disability (holistic approach), which combines the assessment of impairments, functional capabilities and environmental factors.
In conclusion, the author proposes a number of relevant recommendations for improving the Kazakh practice of establishing disability, taking into account the best foreign experience.