La Convenzione delle Nazioni Unite sui diritti delle persone con disabilità nella giurisprudenza italiana

Amoroso, Daniele;Pilia, Rita

2024-01-01

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Abstract

This article examines the relevance of the Convention on the Rights of Persons with Disabilities in the Italian legal system, with a particular focus on its application by national judges. After analysing the position of the Convention within the Italian hierarchy of legal sources, the article critically reviews the jurisprudence of both the Italian Constitutional Court and the Court of Justice of the European Union, which deny the self-executing effect of the Convention. The article then examines the application of the Convention by administrative and civil law courts. The analysis suggests that, despite its self-executing nature, the Convention has had a significant impact on judicial decisions concerning the protection of persons with disabilities, guiding the resolution of complex legal issues that arise in this area.