The UN Convention on the Rights of Persons with Disabilities

A Commentary

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Author: Ilias Bantekas,Michael Ashley Stein,Dimitris Anastasiou

Publisher: Oxford University Press

ISBN: 0192538691

Category: Law

Page: 1460

View: 2265

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

A Commentary

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Author: Valentina Della Fina,Rachele Cera,Giuseppe Palmisano

Publisher: Springer

ISBN: 3319437909

Category: Law

Page: 769

View: 9058

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.

A Commentary on the Paris Principles on National Human Rights Institutions

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Author: Gauthier de Beco,Rachel Murray

Publisher: Cambridge University Press

ISBN: 1316123510

Category: Political Science

Page: N.A

View: 2942

The Principles relating to the Status of National Institutions (the Paris Principles) were adopted by National Human Rights Institutions (NHRIs) and endorsed by both the UN General Assembly and Human Rights Commission. Since their adoption, they have become the standards applicable to these institutions with a mandate to promote and protect human rights. This book offers a complete study of the Paris Principles, which includes an appraisal of their establishment, evolution and potential for the future; a comprehensive commentary on each provision; and a practical guide to their interpretation, including the implications they have for the implementation of the competencies of NHRIs. This is the first book to thoroughly analyse the Paris Principles and will be essential reading for a global audience of both practitioners working for NHRIs and the UN as well as human rights scholars.

International Disability Law

A Practical Approach to the United Nations Convention on the Rights of Persons with Disabilities

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Author: Coomara Pyaneandee

Publisher: Routledge

ISBN: 042995185X

Category: Law

Page: 218

View: 534

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.

Critical Theory and Disability

A Phenomenological Approach

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Author: Teodor Mladenov

Publisher: Bloomsbury Publishing USA

ISBN: 162892201X

Category: Political Science

Page: 224

View: 970

Critical Theory and Disability explores social and ontological issues encountered by present-day disabled people, applying ideas from disability studies and phenomenology. It focuses on disabling contexts in order to highlight and criticize the ontological assumptions of contemporary society, particularly those related to the meaning of human being. In empirical terms, the book explores critically social practices that undermine disabled people's well being, drawing on cases from contemporary Bulgaria. It includes in-depth examination of key mechanisms such as disability assessment, personal assistance (direct payments) and disability-based discrimination. On this basis, wider sociological and ontological claims are made concerning the body, identity, otherness, and exclusion.

The Governance Gap

Extractive Industries, Human Rights, and the Home State Advantage

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Author: Penelope Simons,Audrey Macklin

Publisher: Routledge

ISBN: 1317576284

Category: Business & Economics

Page: 422

View: 2191

This book explores the persistence of the governance gap with respect to the human rights-impacting conduct of transnational extractive corporations operating in zones of weak governance. The authors launch their account with a fascinating case study of Talisman Energy’s experience in Sudan, informed by their own experience as members of the 1999 Canadian Assessment Mission to Sudan (Harker Mission). Drawing on new governance, reflexive law and responsive law theories, the authors assess legal and other non-binding governance mechanisms that have emerged since that time, including the UN Guiding Principles on Business and Human Rights. They conclude that such mechanisms are incapable of systematically preventing human rights violating behaviour by transnational corporations, or of assuring accountability of these actors or recompense for victims of such violations. The authors contend that home state regulation, while not a silver bullet, has a crucial role to play in regulating such conduct. They pick up where UN Special Representative John Ruggie’s Guiding Principles on Business and Human Rights left off, and propose an innovative, robust and adaptable template for strengthening the regulatory framework of home states. Their model draws insights from the theoretical literature, leverages existing public, private, transnational, national, ‘soft’ and hard regulatory tools, and harnesses the specific strengths of state-based governance. This book will be of interest to academics, policy makers, students, civil society and business leaders.

The Development of Disability Rights Under International Law

From Charity to Human Rights

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Author: Arlene S. Kanter

Publisher: Routledge

ISBN: 1134444737

Category: Law

Page: 351

View: 1669

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.