Mainstreaming Disability In The United Nations Treaty Bodies
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| Author | : Kjersti Skarstad |
| Publisher | : |
| Total Pages | : 44 |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
As of the beginning of this century, the United Nations (UN) human rights system had comprehensively elided persons with disabilities from its purview. The Convention on the Rights of Persons with Disabilities (CRPD) responded to this lacuna in 2006. The CRPD obligates States parties to mainstream disability by protecting and promoting the human rights of persons with disabilities in all policies and programs, and intersects disability with other discriminated-against populations. This Article investigates the success of the UN in mainstreaming disability throughout its human rights treaty bodies over the period 2000-2014 by comparing the seven years before and the eight years after the CRPD's adoption for six core UN treaty bodies. In doing so, the Article provides initial and unique insight into how well the UN implements human rights norms into treaty bodies, and provides a template for future research on the inclusion of vulnerable group-based rights in the UN and beyond. Despite some significant variations between treaty bodies, we find an overall dramatic increase in the quantitative incidence of disability rights being referenced. Nevertheless, a closer look into the practices of two treaty bodies shows that the human rights of persons with disabilities, while noted by those bodies, are included fully only on occasion. For the UN to truly mainstream disability (or other) human rights, those rights must go beyond mere formal references and also be substantively integrated.
| Author | : Valentina Della Fina |
| Publisher | : Springer |
| Total Pages | : 776 |
| Release | : 2017-01-20 |
| Genre | : Law |
| ISBN | : 3319437909 |
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.
| Author | : United Nations. Office of the High Commissioner for Human Rights |
| Publisher | : |
| Total Pages | : 164 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : |
The Training Guide is for facilitators of training courses on the Convention on the Rights of Persons with Disabilities and its Optional Protocol who are already familiar with the international human rights system. The Convention challenges customs and behavior based on stereotypes, prejudices, harmful practices and stigma relating to persons with disabilities, and promotes their full participation in all spheres of life. It is already applicable in 137 countries around the world. The Training Guide's methodology is interactive and promotes a participatory approach. Its modules can be used to develop tailored training courses to meet the needs of specific audiences (government officials, health professionals, civil society, employers' organizations, etc.). It is also helpful as a general information resource on the Convention and its Optional Protocol.
| Author | : Gauthier de Beco |
| Publisher | : Oxford University Press |
| Total Pages | : 241 |
| Release | : 2021 |
| Genre | : Law |
| ISBN | : 0198824505 |
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.
| Author | : Ilias Bantekas |
| Publisher | : Oxford University Press |
| Total Pages | : 1377 |
| Release | : 2018-10-25 |
| Genre | : Law |
| ISBN | : 0192538683 |
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.
| Author | : Oddný Mjöll Arnardóttir |
| Publisher | : BRILL |
| Total Pages | : 344 |
| Release | : 2009-05-06 |
| Genre | : Law |
| ISBN | : 900418080X |
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.
| Author | : Coomara Pyaneandee |
| Publisher | : Routledge |
| Total Pages | : 233 |
| Release | : 2018-06-13 |
| Genre | : Law |
| ISBN | : 042995185X |
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.
| Author | : Gerard Quinn |
| Publisher | : United Nations Publications |
| Total Pages | : 184 |
| Release | : 2002 |
| Genre | : Political Science |
| ISBN | : 9789211541465 |
Over 600 million people, or approximately 10 per cent of the world's population, have some kind of disability, and over two thirds live in developing countries. The human rights perspective on disability involves a move away from an approach motivated by charity towards viewing the disabled as holders of rights without discrimination. As such, it places the debate in its wider social context of how difference in treated in our society. This study has three main aims: to discuss the relevance of six UN treaties in the specific field of disability; to review how member states have responded to the obligations established under these treaties; and to consider options for the future to strengthen the system of human rights for people with disabilities.
| Author | : Andrew Byrnes |
| Publisher | : |
| Total Pages | : 166 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : |
Parliaments and parliamentarians have a key role to play in promoting and protecting human rights. This Handbook aims to assist parliamentarians and others in efforts to realize the Convention so that persons with disabilities can achieve the transition from exclusion to equality. It seeks to raise awareness of the Convention and its provisions, promote an appreciation of disability concerns, and assist parliaments in understanding the mechanisms and frameworks needed to translate the Convention into practice. By providing examples and insights, it is hoped that the Handbook will serve as a useful tool for parliamentarians to promote and protect the rights of persons with disabilities all over the world.
| Author | : Anna Arstein-Kerslake (Ed.) |
| Publisher | : MDPI |
| Total Pages | : 241 |
| Release | : 2018-11-14 |
| Genre | : Law |
| ISBN | : 3038972509 |
This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws
