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

Author: Valentina Della Fina

Publisher: Springer

Published: 2017-01-20

Total Pages: 776

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.

The UN Convention on the Rights of Persons with Disabilities
The UN Convention on the Rights of Persons with Disabilities

Author: Ilias Bantekas

Publisher: Oxford University Press

Published: 2018-10-25

Total Pages: 1377

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 UN Convention on the Rights of Persons With Disabilities
The UN Convention on the Rights of Persons With Disabilities

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.

International Disability Law
International Disability Law

Author: Coomara Pyaneandee

Publisher: Routledge

Published: 2018-06-13

Total Pages: 233

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.

Disabled Justice?
Disabled Justice?

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 Human Rights Law 2018
Disability Human Rights Law 2018

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

Vocational Rehabilitation and Employment of Disabled Persons
Vocational Rehabilitation and Employment of Disabled Persons

Author: International Labour Office. Committee of Experts on the Application of Conventions and Recommendations

Publisher: International Labour Organization

Published: 1998

Total Pages: 128

ISBN-13: 9789221106524

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Presents a general survey on the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) and Recommendation No. 168. Defines key terms and expressions of the instruments, and describes the provisions within the standards and the relevant national legislation in the countries that have ratified this Convention. Considers vocational rehabilitation from the stand point of social security schemes. Discusses member States' obligations to implement national policy on vocational rehabilitation, the means by which national policy can be developed and difficulties encountered by member States in the application of the instruments.

The Legal Protection of Refugees with Disabilities
The Legal Protection of Refugees with Disabilities

Author: Mary Crock

Publisher: Edward Elgar Publishing

Published: 2017-08-25

Total Pages: 290

ISBN-13: 1786435446

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This ground-breaking book focuses on the ‘forgotten refugees’, detailing people with disabilities who have crossed borders in search of protection from disaster or human conflict. The authors explore the intersection between one of the oldest international human rights treaties, the 1951 Convention relating to the Status of Refugees, with one of the newest: the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on fieldwork in six countries hosting refugees in a variety of contexts – Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey – the book examines how the CRPD is (or should) be changing the way that governments and aid agencies engage with and accommodate persons with disabilities in situations of displacement. The timeliness of the book is underscored by the adoption in mid-2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action adopted at the World Humanitarian Summit.

The Development of Disability Rights Under International Law
The Development of Disability Rights Under International Law

Author: Arlene S. Kanter

Publisher: Routledge

Published: 2014-11-27

Total Pages: 360

ISBN-13: 1134444664

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The adoption of the Convention on the Rights of People with Disabilities (CPRD) by the United Nations in 2006 is the first comprehensive and binding treaty on the rights of people with disabilities. It establishes the right of people with disabilities to equality, dignity, autonomy, full participation, as well as the right to live in the community, and the right to supported decision-making and inclusive education. Prior to the CRPD, international law had provided only limited protections to people with disabilities. This book analyses the development of disability rights as an international human rights movement. Focusing on the United States and countries in Asia, Africa, the Middle East the book examines the status of people with disabilities under international law prior to the adoption of the CPRD, and follows the development of human rights protections through the convention’s drafting process. Arlene Kanter argues that by including both new applications and entirely new approaches to human rights treaty enforcement, the CRPD is significant not only to people with disabilities but also to the general development of international human rights, by offering new human rights protections for all people. Taking a comparative perspective, the book explores how the success of the CRPD in achieving protections depends on the extent to which individual countries enforce domestic laws and policies, and the changing public attitudes towards people with disabilities. This book will be of excellent use and interest to researchers and students of human rights law, discrimination, and disability studies.