Protecting the Rights of Persons With Disabilities as a Constitutional Value

Kurbatova, Svetlana M.; Bertovsky, Lev V.

doi:10.2991/assehr.k.201205.031

Cited by 2 publications

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“…Special rights specify the peculiarities of the functions of their bodies that lead to a restriction of the criminal procedural capacity of these persons: for minors (right to participation of a teacher or a psychologist in a given field of psychology) (Bertovsky, 2017), for persons of older age groups (Giambra et al, 1995) (participation of a gerontologist or a psychologist in a given field of psychology or guardianship and guardianship authorities), for persons with mental illness (Becker & Salthouse, 1998), for persons with physical limitations (Petrova et al, 2017) (right to use videoconferencing, etc.). 147 criminal procedure (Kurbatova & Bertovsky, 2020). The international law also focuses on the same aspects.…”

Section: Levels Of Rights and Status Of Cognitively Vulnerable Partic...mentioning

confidence: 99%

The Enforcement Of Procedural Rights Of Cognitively Vulnerable Participants Of Criminal Proceedings

Kurbatova¹

2022

European Proceedings of Social and Behavioural Sciences

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The paper deals with the application of the current Russian criminal procedure legislation to criminal processes involving persons with limited cognitive abilities as a form of realizing the social responsibility of the modern state of law to its citizens. The paper studies the mechanism for ensuring the rights and legitimate interests of participants in criminal proceedings with limited cognitive capabilities. It also formulates practical proposals to improve this mechanism taking into account the provisions of the international law and the concept of modern legal understanding of the essence of the social state. The authors base their position on a compensatory approach, which allows ensuring the most equal opportunities for the participation of persons with limited cognitive abilities in criminal proceedings, without diminishing the rights of other participants. This approach may be applied not only to the category of persons in question: it is generally aimed at ensuring the enforcement of the rights of participants in criminal proceedings who have limited abilities. However, due to the limited scope, this paper only considers one category of such participants, which is the largest in terms of quantitative indicators, since it includes minors, persons of older age groups, persons with mental disorders, mental illnesses, persons being in physiological conditions that affect the level of their cognitive functions, etc.

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Section: Levels Of Rights and Status Of Cognitively Vulnerable Partic...mentioning

confidence: 99%

The Enforcement Of Procedural Rights Of Cognitively Vulnerable Participants Of Criminal Proceedings

Kurbatova¹

2022

European Proceedings of Social and Behavioural Sciences

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“…There is now a steady global trend towards increasing the value of law in general and mechanisms for regulating relationships involving persons with disabilities. In traditional social fields, such as health, social security and education, these processes are more intensive and obvious, but in the field of criminal proceedings this transformation is quite slow [1]. This was the result of the development of the concept of a social state, the realization of the social value of law [2,3], the consolidation of new socially significant ideas in international legal norms, which entailed a change in the modern understanding of the social essence of the rule of law [4][5][6].…”

Section: Introductionmentioning

confidence: 99%

Social value of Russian criminal procedure law in modern conditions: compensatory approach

Kurbatova

2022

SHS Web Conf.

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The paper addresses some aspects of the compensatory approach in criminal proceedings in the context of the social value of law, which is critical in ensuring the rights and interests of participants with disabilities in criminal proceedings. The legal mechanisms established in criminal proceedings should aim at ensuring equal conditions for all participants in criminal proceedings in terms of access to legal and fair justice. The author believes that there is a need to draw attention to the legal status of participants with disabilities in criminal proceedings. It is necessary to recognize socially vulnerable categories of persons (persons with disabilities) as the participants with special legal status in criminal proceedings. A compensatory approach should also be adopted in the implementation of the legal regulation of the participation of such persons in criminal proceedings. It is necessary to “reach”, “raise” the possibility of exercising their procedural rights to the level of other participants. The procedural mechanism should contain a list of general and special rights and obligations of these persons, as well as guarantees for their implementation. This approach is compensatory and reflects the social value of law in criminal proceedings. The author considers the consolidation of the compensatory approach as the realization of the idea of a social state and international socially significant values to ensure equal and fair criminal proceedings.

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Protecting the Rights of Persons With Disabilities as a Constitutional Value

Cited by 2 publications

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The Enforcement Of Procedural Rights Of Cognitively Vulnerable Participants Of Criminal Proceedings

The Enforcement Of Procedural Rights Of Cognitively Vulnerable Participants Of Criminal Proceedings

Social value of Russian criminal procedure law in modern conditions: compensatory approach

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