期刊名称：Collected Papers of the Law Faculty of the University of Rijeka
印刷版ISSN：1330-349X
电子版ISSN：1846-8314
出版年度：2012
卷号：33
期号：2
页码：667-693
语种：Croatian
出版社：Pravni fakultet Sveučilišta u Rijeci
摘要：While it is true that the legal regulation of persons with disability is one of the most delicate elements of legal regulation, their legal status in the society is a reliable indicator of the achieved level of democracy. In light of the trend of legal development of protection, in the framework of a modern plural social policy, the legal theory has repeatedly underlined that the legislative solutions must enable the right to equal opportunities, but first of all the right to difference, considering the person with disability as an individual person, with all general and specific needs. Nevertheless, the discrimination on the ground of disability is still present despite the enactment of numerous, national and international, anti-discriminative legal acts (arg. Report, Office of the Ombudsman for People with Disabilities for 2009, Zagreb, March 2010, pp. 90). Therefore, with the view of normative and factual improvement, an analytic analysis of the current state of play is needed, in order to prevent discrimination of people with disability and to improve their legal protection in terms of their right of access to the court. Considering the consistent lack of case law in the field of discrimination of persons with disability and their right of access to court within the Republic of Croatia, the authors analyse both case law and legislation in terms of comparative law.
关键词：discrimination; social rights; disability; right of access to court.
