Debates on the judicial enforcement of the UN Convention on the Rights of Persons with Disabilities (CRPD) in Germany regularly revolve around the question of direct applicability. Their yield is low. In a Kassel conference contribution, Robert Uerpmann-Wittzack explored the question of why the attempt at direct application regularly comes to nothing and how the implementation process must be organised in order to be justiciable. In a nutshell:
- Inclusion can be enforced, but there are limits to this de lege lata.
- Inclusive education cannot be enforced in accordance with Art. 19 para. 4 GG.
- Inclusive education requires planning with the participation of people with disabilities.
- The rights of associations and individuals to take legal action can secure planning obligations as well as the implementation of what has been planned.
https://epub.uni-regensburg.de/78713/ (external link, opens in a new window)
