نوع مقاله : علمی پژوهشی
نویسندگان
1 کارشناس ارشد حقوق بشر، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران.
2 استادیار گروه حقوق بین الملل، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران
3 استادیار گروه حقوق بین الملل، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The concept of legal capacity in the world of human rights is one of the basic concepts, the deprivation of which can be the source of widespread harassment of people. Although in the 20th century and with the help of the human rights ideas expansion this right has been approved for all people but people with disabilities are still exposed to deny this right for various reasons. In this article, which is written in a descriptive-analytical and comparative manner, while paying attention to the concept of legal capacity, its types and the importance of the individual benefiting from it, we tried to answer the basic question that the Convention on the Rights of Persons with Disabilities, especially Article 12, is a fundamental change in the situation People with disabilities have created? The answer we got is that the convention in general and Article 12 in particular, closes the way to any form of disqualification from the disabled and according to the existing capacities in this treaty, we can create the necessary platforms to change the legal status. It provided cognitive disabilities and the creation of a new legal structure based on protection and not guardianship.The second question of this research is how is the capacity system in the laws of the Islamic Republic of Iran regarding the status of the cognitively disabled and is it compatible with Iran's international obligations and the support system intended by the convention? The answer was that the capacity system in Iran's laws regarding the status of cognitively disabled people still has a traditional form in which the capacity is denied to the individual and left to his guardian.
کلیدواژه‌ها [English]
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