The rights of people with disabilities and strategic litigation in times of populism

Abstract

The aim of the article is to present the situation of people with disabilities in the context of populism and strategic litigation. The author analyzes the judgment of the Polish Constitutional Tribunal on benefits for carers of people with disabilities. Certain fragments of the justification of the judgment of the Constitutional Tribunal may lead to the humiliation of the group of people with disabilities, as well as the lack of implementation of this judgment by the legislator. The author formulates the thesis that strategic litigation did not occur due to the lack of narrative capacity and political power of the guardians of adult people with disabilities. Moreover, the author emphasizes that populism contributes to directing new social benefits for this group, which do not translate into the implementation of the judgment of the Constitutional Tribunal.