This chapter analyses how Russian courts have approached principles and standards of the Convention on the Rights of Persons with Disabilities (CRPD) since its ratification by Russia in 2012. Given the monist features of the Russian legal system, the Convention has been used in a relatively large number of judgments. In the majority of cases the CRPD has been used only to reinforce the standards already provided by domestic laws. In a few cases, however, judges interpreted the Convention provisions to establish new legal concepts or to apply progressively Russian laws concerning human rights of people with disabilities. The chapter provides a critical insight into different ways of interpreting (or failing to interpret) CRPD provisions used by Russian courts and it concludes that the impact of the CRPD on case law has so far been limited despite its implementation in the Russian legal system.
|Keywords||Convention on the Rights of Persons with Disabilities (CRPD), Courts, Disability rights, Interpretation, Monist, Russia|
|Persistent URL||dx.doi.org/10.1093/oso/9780198786627.003.0012, hdl.handle.net/1765/113715|
Bartenev, D. (Dmitri), & Evdokimova, E. (2018). Russia. In The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts (pp. 352–384). doi:10.1093/oso/9780198786627.003.0012