Disability Rights: Positive Peace Through a Disability Lens

2021 ◽  
pp. 501-517
Author(s):  
Roberta Francis Watene
Author(s):  
Eilionóir Flynn

Ireland’s constitution adopts a dualist approach to international law. It is in a unique position as a state which has not ratified the Convention on the Rights of Persons with Disabilities (CRPD), but one which is obliged to adhere to the provisions of the CRPD in EU law, by virtue of the EU’s conclusion of the CRPD in 2010. To date, the CRPD has been referenced in a number of cases before the Irish courts in the context of employment equality law and mental health law. This chapter examines the extent of the impact that the CRPD can have on the judgments of domestic courts on disability rights in advance of the state’s ratification of the Convention.


Author(s):  
Shreya Atrey

This chapter provides an expository account of Indian appellate courts’ engagement with the Convention on the Rights of Persons with Disabilities (CRPD) and the developing case law on disability rights. As a dualist State, India has ratified but not incorporated the CRPD into its domestic law. This has not deterred frequent references to the CRPD in litigation at the highest level. The appellate courts—High Courts and the Supreme Court—have resorted to the CRPD in diverse ways. The analysis of the small but not insignificant body of case law shows that these instances can be classified into two broad themes of ‘citation’ and ‘interpretation’. In the final analysis, the overall impact of references to the CRPD can be considered largely positive but still modest in the absence of new legislation embracing the human rights framework and social model of the CRPD in India.


Author(s):  
Maya Sabatello ◽  
Mary Frances Layden

Children with disabilities are among the most vulnerable groups in the world—and a children’s rights approach is key for reversing historical wrongs and for promoting an inclusive future. To establish this argument, this chapter explores the state of affairs and legal protections for upholding the rights of children with disabilities. It critically examines major developments in the international framework that pertain to the rights of children with disabilities, and it considers some of the prime achievements—and challenges—that arise in the implementation of a child-friendly disability rights agenda. The chapter then zooms in on two particularly salient issues for children with disabilities, namely, inclusive education and deinstitutionalization, and highlights the successes and challenges ahead. The final section provides some concluding thoughts about the present and the prospect of upholding the human rights of children with disabilities.


Sign in / Sign up

Export Citation Format

Share Document