suggested citation: Giampaolo Gerbasi, La Convenzione ONU nell’ordinamento dell’Unione europea: limiti e prospettive nella ricerca di una maggiore adesione al modello sociale di disabilità, lceonline (www.lceonline.eu), 2/2024, I/Saggi e contributi
key words: UN Convention on the Rights of Persons with Disabilities, European legislator, Court of Justice of the European Union
abstract: The essay aims to examine the impact of the UN Convention on the Rights of Persons with Disabilities within the EU legal system. In this regard, the main innovative aspects of the UN Convention are reconstructed in light of the various theoretical and scientific models of disability, in order to verify to what extent and through which means the European legislator and the Court of Justice of the European Union have adapted EU law to the obligations arising from the UN Convention, thus contributing to the harmonisation at supranational level of national protections of the rights of persons with disabilities. The essay then focuses on the process of gradual implementation of the Convention obligations as well as on the persistent limits of the derived regulatory system and European jurisprudence in making effective judicial remedies available for possible violations of the UN Convention and in ferrying the social model of disability it embraces into national legal systems.
