COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
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I. FRAMEWORKS FOR PROTECTION OF RIGHTS
A. BASIC STRUCTURES
5. The Executive Power and Disabled Persons: Civil
Rights and Public Liberties as a Restriction on Government Powers
The Constitution of the United States of America does not mention disabled persons
expressly. However, the Fourteenth Amendment to the Constitution provides: " No state
shall (...) deny to any person... the equal protection of the laws." The Fifth
Amendment provides: "No person (...) shall be deprived of life, liberty, or property,
without due process of law." Both amendments are limitations on the power of the
Government. The Executive also has the power to execute or implement international law
under article II, paragraph 3 (Duty faithfully to execute the Law).
The Constitution of the Portuguese Republic establishes that "…[t]he State
shall carry out a national policy for prevention and for the treatment, rehabilitation and
integration of handicapped persons, shall develop a form of education to make society
aware of its duties of respect for them and solidarity with them and ensure that they
enjoy their rights fully, without prejudice to the rights and duties of their parents or
guardians."
In similar terms, the Spanish Constitution provides: " The public authorities
shall implement a policy of prevention, treatment, rehabilitation and integration of those
who are physically, sensory and mentally handicapped, who shall be given the special
attention which tries to require and afford them special protection for the enjoyment of
the rights which this Title grants to all citizens."
Finally, the Constitution of Uganda provides: " Society and State shall recognise
the right of persons with disabilities to respect and human dignity."
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