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Legal Protection of Persons with Disabilities against Discrimination: Case of the Republic of Moldova


Author: Pavlencu Mariana
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2016
Scientific adviser: Teodor Cârnaţ
doctor habilitat, professor,
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

The thesis was presented on the 18 October, 2016
Approved by NCAA on the 15 November, 2016

Abstract

Adobe PDF document – 0.71 Mb / in romanian

Thesis

CZU 342.72/.73 (478) (043.3)

Adobe PDF document 4.39 Mb / in romanian
207 pages

Keywords

Disability, person with disabilities, persons with special needs, discrimination on the grounds of disability, rights and freedoms of persons with disabilities, instruments and mechanisms of legal protection of persons with disabilities

Summary

Thesis structure. The work consists of an introduction, 4 chapters followed, general conclusions and recommendations, a bibliography of 406 sources and annotations in Romanian, Russian and English, 11 appendices, 157 pages of basic text. The obtained results have been published in eight scientific works.

Field of study. This work refers to the field of public (constitutional) law.

The aim and objectives of work. The research is aimed at identification, systematization and analysis of the most important international, European and national instruments and mechanisms of legal protection of persons with disabilities against discrimination for ensuring their efficient integration in society.

The scientific novelty and originality consists in the fact that this thesis is one of the first studies both of the doctrinarian and regulatory environment concerning the legal protection of persons with disabilities against discrimination in the context of transformations determined by adoption of the latest international instrument of protection of fundamental human rights and freedoms – Convention on the Rights of Persons with Disabilities in 2006.

The solved scientific problem consists in elaboration of tools necessary for ensuring the efficient legal protection of persons with disabilities against discrimination, which has led to clarification of instruments, mechanisms of prevention, detection and elimination of forms of discrimination on the grounds of disability for theoreticians and practicians in the sphere of law.

The theoretical significance of work consists in determination and definition of such concepts as ,,disability”, ,,person with disabilities”, ,,discrimination on the grounds of disability” in the context of transformations of the international and national regulatory framework and systematization and analysis of the most important instruments and mechanisms of protection and promotion of rights and freedoms of persons with disabilities and discrimination prevention.

The applied value of work is conditioned by its scientific, practical, legislative, didactic value and may determine the conduct of new studies concerning the protection of rights and freedoms of persons with disabilities. The results of this research may constitute an important theoretical support in teaching some courses such as ,,Human Rights”, ,,Constitutional Law”, ,,Social Assistance” etc. However, the most important in our opinion is that the recommendations formulated in this work can be taken into consideration when amending the existing regulatory framework or when elaborating new regulations in the context of alignment of national legislation with the effective international standards.

Implementation of scientific results. The study results have been reflected in scientific articles successfully presented at national and international scientific conferences and successfully used for teaching such courses as ,,Legal Protection of Human Rights” at the Ștefan cel Mare Academy under the Ministry of Interior Affairs of the Republic of Moldova.