People with mental disability as human rights carriers: the example of implementing the right to education In Russia
DOI:
https://doi.org/10.36097/rsan.v1i30.912Palabras clave:
human rights, the right to education, mental disability, constitutionalism, international human righResumen
This study was aimed at investigating the realization of the right to education as a human right for people with mental disabilities in the context of Russia. In the context of the present paper, mental disability is referred to the combination of various types of psycho-emotional disorders of behavior and mental retardation. According to the international human rights law, each person is born free and is equal in dignity and rights. By implementing international human rights standards into national legislation, the state undertakes a number of obligations towards its citizens, namely, to respect human dignity and create conditions for free development of the individuals, regardless of any classification presented in nosology. Considering the role of human rights as a universal mechanism for international control, a certain inconsistency was observed in national legislation regarding the legal status of various categories of people in the context of the study.
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Universal Declaration of Human Rights of 1948. Date Views 11/22/2018. http://www.un.org/en/universal-declaration-human-rights/
Zagaynova, G. G., Luk'yanchenko, V. V., Novikova, A. E., Tonkov, E. E., & Ol'ga, N. D. (2018). Inadmissibility of experiments on people: constitutional imperatives of the post-soviet countries. Amazonia Investiga, 7(12), 177-180.
Proclaimed by Gen-eral Assembly resolution 2542 (XXIV) of 11 December 1969. Declaration of Social Development. Date Views. 11/22/2018. http://www.un-documents.net/a24r2542.htm
General Assembly Resolutions 46/119 of 17 December 1991. Date Views. 11/22/2018. https://www.who.int/mental_health/policy/en/UN_Resolution_on_protection_of_persons_with_mental_illness.pdf
Convention on the Rights of Persons with Disabilities of 2006. Date Views. 11/22/2018. http://www.un.org/disabilities/documents/convention/convoptprot-e
Marchheim M.V. (2006). Human rights activities of public structures in the Russian Federation. - Rostov n. D: Rosizdat, p. 5.
Marchheim M.V., Smolensky M.B., Tonkov E.E. (2009). Jurisprudence. Rostov nD: Phoenix.
Larionov M.A. (2018). Constitutional and legal guarantees of human rights as an element of constitutionalism in Russia. Law and Practice, 3, 43-47.
Kay, H. H., Farnham, L. J., Karren, B. D., & Knakal, J. (1972). Legal Planning for the Mentally Retarded: The California Experience. Calif. L. Rev., 60, 438.
Global Law Perspectives of Human Mind Disability: A Global Perspective for Mental Health. Georgetown University Law Center 63 MD. L. Rev. 20-121 (2004).
Manuchehr, T. (2011). Education and Social and Behavioral Sciences. No. 15.p. 302–305.
Implementation of the General Assembly on the Right to Education, Vernor Muñoz. A. HRC. 4/29 19 February 2007
Bulaev, N. I. (2006). Public & Private interests in the Educational System of Russia (Part 2). Concise compilation of articles from Representative power-21 st century: legislation, commentary, problems, (1, 2, 3), 15-15.
Belyaeva G.S. (2014). To the question of the nature, content and peculiarities of the legal regulation of the private-law regime. Actual problems of Russian law. № 7 (44). Pp. 1321-1326.
Aristov E.V. (2017). The sociality of the state: foreign experience of constitutional and legal support. abstract on the contest. uch. step. Doctor of Laws: M. P. 3.
Mostafaei, H., Hosseini, M., & Jenaabadi, H. (2014). The Investigation of the Relationship between the Aggression and Addiction Potential High-school Male Students. UCT Journal of Management and Accounting Studies, 2(1).
Kudlick, C. J. (2003). Disability history: Why we need another “other”. The American Historical Review, 108(3), 763-793.
Nirje, B. (1969). The normalization principle and its human management implications. Changing patterns in residential services for the mentally retarded, 179-195.
Position paper national focus group for children with special needs. (2006). National Council of Educational Research and Training, P. 1-29.