Date of Award

5-2021

Document Type

Thesis

Degree Name

Master of Laws (LLM)

Abstract

People with disabilities face obstacles related to negative attitudes or opinions, deeply rooted stigma, and stereotypes in the workplace and everyday life, which leads to their social exclusion. The cornerstone of new developments in disability studies, the human rights model of disability, recognizes this social problem and aims to provide a catalog of the human rights of people with disabilities. It introduces the concept of human dignity to disability law, the human rights based approach, and advances the concept of inclusive equality. The question of this thesis is whether the human rights model of disability can give appropriate guidance on how to reach full participation of people with disabilities in employment.

For this purpose, the thesis investigates the legal frameworks of the United States and Hungary, using comparative research methodology. It considers four factors on the topic: the constitutional aspects of the inclusion of people with disabilities, policy development related to people with disabilities, the legal definitions of “disability” and the principle of non-discrimination, with special regard to reasonable accommodation. Regarding these factors, the thesis takes different levels of law into account, while evaluating both primary and secondary sources. On the Hungarian side, this includes the United Nations Convention on the Rights of People with Disabilities, European law, and Hungarian domestic law, while on the US side it explores federal legislation and federal court decisions. The thesis concludes both legislation and judges are very important in making the human rights model of disability applicable.

Available for download on Sunday, May 14, 2023

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