The UN Convention on the Rights of Persons with Disabilities

The UN Convention on the Rights of Persons with Disabilities PDF

Author: Ilias Bantekas

Publisher: Oxford University Press

Published: 2018-10-25

Total Pages: 1460

ISBN-13: 0192538683

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This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.

The United Nations Convention on the Rights of Persons with Disabilities

The United Nations Convention on the Rights of Persons with Disabilities PDF

Author: Valentina Della Fina

Publisher: Springer

Published: 2017-01-20

Total Pages: 769

ISBN-13: 3319437909

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This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.

Human Rights and Disabled Persons

Human Rights and Disabled Persons PDF

Author: Theresia Degener

Publisher: BRILL

Published: 2021-10-18

Total Pages: 775

ISBN-13: 9004479899

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The United Nations' Decade of Disabled Persons has served as a time for standard setting in the field of human rights and disability, and has created the need to evaluate the relevant human rights instruments for disabled persons. This volume responds to this need by offering a collection of essays on the subject of human rights and disability, and an extensive compilation of international and regional human rights instruments, guidelines and principles which are of special relevance to disabled people. It should serve organizations of disabled people as well as governments throughout the world as a resource and as an introduction to human rights and disability. This shortcoming may be one reason for the widely prevailing notion that disability is a welfare issue rather than a human rights issue.

International Disability Law

International Disability Law PDF

Author: Coomara Pyaneandee

Publisher: Routledge

Published: 2018-06-13

Total Pages: 218

ISBN-13: 042995185X

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This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of States Parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted. The author also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decisionmakers, academics, legal practitioners, law students, persons with disabilities and their representative organisations, human rights activists and general readers.

The UN Convention on the Rights of Persons With Disabilities

The UN Convention on the Rights of Persons With Disabilities PDF

Author: Oddný Mjöll Arnardóttir

Publisher: BRILL

Published: 2009

Total Pages: 345

ISBN-13: 9004169717

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The International Convention on the Rights of Persons with Disabilities is the first human rights treaty adopted by the United Nations in the 21st century. It seeks to secure the equal and effective enjoyment of human rights for the estimated 650 million persons with disabilities in the world. It does so by tailoring gerneral human rights norms to their circumstances. It reflects and advances the shift away from welfare to rights in the context of disability. The Convention itself represents a mix between non-discrimination and other substantive human rights and gives practical effect to the idea that all human rights are indivisible and interdependent. This collection of essays examines these developments from the global, European and Scandinavian perspectives and the challenge of transposing its provisions into national law. It marks the coming of age of disabilty as a core human rights concern.

Disability Human Rights Law 2018

Disability Human Rights Law 2018 PDF

Author: Anna Arstein-Kerslake (Ed.)

Publisher: MDPI

Published: 2018-11-14

Total Pages: 241

ISBN-13: 3038972509

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This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws

Disabled Justice?

Disabled Justice? PDF

Author: Eilionóir Flynn

Publisher: Ashgate Publishing, Ltd.

Published: 2015-03-28

Total Pages: 193

ISBN-13: 1472418611

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Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.

Disability in International Human Rights Law

Disability in International Human Rights Law PDF

Author: Gauthier de Beco

Publisher: Oxford University Press

Published: 2021

Total Pages: 241

ISBN-13: 0198824505

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This book examines what international human rights law has gained from the new elements in the UN Convention on the Rights of Persons with Disabilities (CRPD). It explores how the CRPD is intricately bound up with other international instruments by studying the relationship between the Convention rights and those protected by other human rights treaties, as well as the overall objectives of the UN. Using a social model lens on disability, the book shows how the Convention sheds new light on the very notion of human rights. The book provides a theoretical framework which explicitly integrates disability into international human rights law. It explains how the CRPD challenges the legal subject by drawing attention to distinct forms of embodiment, before introducing the idea of the 'dis-abled subject', which stems from a recognition that all individuals encounter disability-related issues during their lives. The book also shows how to apply this theoretical framework to several rights and highlights the consequences for the implementation of human rights treaties as a whole. It builds upon the literature of disability studies and legal and political theory, as well as drawing upon the recommendations of treaty bodies and reports of UN agencies and disabled people's organisations. This book thereby provides an agenda-setting analysis for all human rights experts, by showing the benefits of placing disabled people at the heart of international human rights law.

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