THE PHENOMENON OF DISABILITY IN THE HUMAN RIGHTS PROTECTION SYSTEM: FROM STIGMATIZATION TO GENUINE EQUALITY

Abstract

This article provides an in-depth analysis of the concept of disability from a human rights perspective, examining its legal nature and social meaning through an evolutionary lens. The study critically evaluates the medical model of disability, highlighting its limitations in terms of human dignity, autonomy, and legal subjectivity. It further explores the emergence of the social model and the human rights–based legal model, emphasizing their connection with the principles of universality and substantive equality of human rights. Special attention is paid to the issues of stigma and social recognition as persistent structural barriers to the effective realization of the rights of persons with disabilities. The author argues that a comprehensive approach grounded in human dignity and personal autonomy constitutes the most effective theoretical and practical framework for ensuring the human rights of persons with disabilities.