CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ INTERNATIONAL AND DOMESTIC PROTECTION FROM VIOLENCE OF PERSONS … 1. The concepts of disability and violence The concept of disability varies due to social, historical and political context. The UN Convention on the Rights of Persons with disabilities defines disability as follows: “Persons with disabilities include those who have long-term physical, mental, intellectual, or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others” 7 . Generally, there are two concepts of disability: medical and social. As defined by the EU Parliamentary Research Service, “the medical model focuses on the person’s medical condition – illness or injury – which is the direct cause of their disability and may have an impact on their quality of life”, while “the social model focuses on barriers created by society. Those may be physical or social restrictions preventing the development or use of the abilities – physical, social or professional – that each individual needs to thrive”. 8 Similarly, there is not a singular legal framework that defines disability. For example, in the United States a person with disability is someone who has “a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.” 9 In the EU, there is not a universally accepted definition of disability across all EU states. While some states focus on social aspects of disability, others define it purely based on the medical status of the patient. For example, Germany defines disabled person as someone whose ‘bodily functions, mental abilities or mental health deviate, for more than six months, from the condition typical for a given age so that participation in society is impaired” 10 . Other countries, particularly Scandinavian, have not employed an official definition of disability in order to avoid negative perceptions against disabled people. 11 T he Member States of the European Union have adopted the UN Convention of the Rights of Persons with Disabilities (CRPD) definition of disability as a common reference at the EU level. While there is not a single definition of disability across all EU countries, the definition adopted from the UNCRPD has been widely accepted as the standardized definition amongst the EU states. 12 Speaking about the definition of violence, the World Health Organization defines violence as “The intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation.” 13 A Global 7 The Convention on the Rights of Persons with Disabilities and its Optional Protocol (adopted on 13 December 2006, entered into force 3 May 2008) United Nations Treaty Series, vol. 2515, p. 3, Art. 1. 8 LECERF, M. ‘Understanding EU policies for people with disabilities’ (European Parliamentary Research Service, November 2023). accessed 11 June 2024, p. 2. 9 ‘How is Disability Defined in the Americans With Disabilities Act?’ (ADA Knowledge Translation Center, 2023) accessed 11 June 2024. 10 LECERF, M. ‘European disability policy From defining disability to adopting a strategy’ (European Parliamentary Research Service, June 2017) accessed 11 June 2024, p. 6. 11 Ibid. 12 Ibid, p. 7. 13 World Health Organisation ‘The VPA Approach’ accessed 11 June 2024.

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