Art.1 Purpose

Human Rights Law ◽

Societal Participation ◽

Medical Model Of Disability

This chapter examines Article 1 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article sets out the purpose of the CRPD and describes its target group. It enshrines a ‘paradigm shift’ in approach to the concept of ‘disability’ in international human rights law: a shift from an approach underpinned by a ‘medical model of disability’ that views persons with disabilities as ‘objects’ of medical treatment and in need of charity; to a ‘social model of disability’, which views persons with disabilities as ‘subjects’ with rights and focuses on the barriers persons with disabilities face that may hinder their societal participation.

The Protection of the Rights of Persons with Disabilities under International Human Rights Law before the Adoption of the United Nations Convention on the Rights of Persons with Disabilities

International and European Disability Law and Policy ◽

10.1017/9781108289450.008 ◽

2019 ◽

pp. 36-53

Keyword(s):

Human Rights ◽

United Nations ◽

Human Rights Law ◽

International Human ◽

The United Nations

Art.23 Respect for Home and the Family

The UN Convention on the Rights of Persons with Disabilities ◽

10.1093/law/9780198810667.003.0024 ◽

2018 ◽

Author(s):

Fiala-Butora János

Keyword(s):

Human Rights ◽

Family Life ◽

Intimate Relationships ◽

Human Rights Law ◽

The Family ◽

The Right

This chapter examines Article 23 of the United Nations Convention on the Rights of Persons with Disabilities. The right to family life and its various components have long been recognized by international human rights law and in regional human rights instruments. Despite this long tradition of protecting the family in human rights law, persons with disabilities have long been subject to serious violations of their right to family life. The prevailing stereotype has considered persons with disabilities asexual, which has led to the denial of their sexual autonomy. The right to family life also encompasses all forms of relationships and parenthood. To be truly equal members of society, persons with disabilities must achieve equality of opportunity in these areas as well. This requires significant attitudinal change, empowerment, dismantling of barriers, and support to experience intimate relationships.

THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: ITS CONTRIBUTION TO THE DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS LAW

REVISTA ESMAT ◽

10.34060/reesmat.v11i17.292 ◽

2019 ◽

Vol 11 (17) ◽

pp. 209

Author(s):

Mona Paré

Keyword(s):

Human Rights ◽

International Law ◽

Human Rights Law ◽

International Human ◽

The One ◽

The Impact

This article examines the impact that the United Nations Convention on the Rights of Persons with Disabilities (CRPD) has had on international human rights law. While it seems that the convention may have a narrow focus, as it focuses on a specific group of people, this paper argues that it has had an impact on international human rights law more generally. This impact started with the negotiation of the convention between 2002 and 2006, and is continuing with its implementation since its entry into force in 2008. The impact is of both procedural and substantive nature. On the one hand, the procedure that led to the development and adoption of the CRPD was innovative, as are the mechanisms that have been put into place to monitor its implementation. On the other hand, the convention introduces and develops concepts in a novel way in international law, such as new ways of considering the concept of equality, and to understand development, for example. The article concludes that the international community should capitalize on the new approaches, and that their application and interpretation should be closely monitored.

The Role of Estonian Community Settings for Achieving Independent Living for Persons with Disabilities in Eastern European Countries

Groningen Journal of International Law ◽

10.21827/grojil.9.1.128-142 ◽

2021 ◽

Vol 9 (1) ◽

pp. 128-142

Author(s):

Vugar Mammadov

Keyword(s):

Independent Living ◽

Medical Model ◽

Social Model ◽

Eastern European ◽

Community Settings ◽

The Social ◽

Medical Model Of Disability ◽

Eastern European Countries

This article is dedicated to analysing the implementation of Article 19 (paragraphs ‘b’ and ‘c’) of the Convention on the Rights of Persons with Disabilities (hereby: the CRPD) in community settings in Estonia and how Estonian experiences can shift the development of independent living and deinstitutionalization in other non-European Union member countries of Eastern Europe. In this regard, this article depicts the details of independent living for persons with mental health problems according to the UN CRPD Committee. Furthermore, the introduction of Maarja Küla (village) SA and its role in providing independent living has been highlighted as well. Finally, the primary obstacles in Eastern European countries ahead of establishing an independent living as well as solutions for the implementation of Article 19 are underlined, and as an author, I have emphasized how to foster deinstitutionalization in the conclusion. In most congregated community settings where organizational management techniques have relied on the medical model of disability rather than the social model of disability, inhabitants suffer from legal incapacitation in most cases. These community settings had been established before the adoption of the CRPD, but gradually have been developed and adjusted to the fundamental principles of the Convention. In my view, a human rights approach has been emerging in such places, though the UN CRPD Committee has urged to rectify management methods and to promote the social model of disability. This research paper also aims to describe the current situation in community settings that has arisen following the pandemic and to find out scientific and practical solutions to abolish the remaining elements of the medical model of disability and to substitute the human rights approach towards a social model of disability in the management and philosophical views of community settings for persons with disabilities.

Conceptual Background: Disability in the Field of International Human Rights Law

10.1093/oso/9780198824503.003.0003 ◽

2021 ◽

pp. 29-45

Author(s):

Gauthier de Beco

Keyword(s):

Human Rights ◽

Social Model ◽

Human Rights Law ◽

Models Of Disability ◽

The Social ◽

Conceptual Background ◽

International Human

This chapter starts by outlining the existing models of disability and by relating these models to the Convention. The aim is not to advance debates about the models themselves but to examine the extent to which these models have influenced the CRPD’s own understanding of disability. The focus lies especiallyon the social model of disability, which has transformed the view of disability around the world. This is followed by an investigation of the way in which this understanding of disability bears upon the entire field of international human rights law. The chapter further examines the mainstreaming of disability and its consideration by the treaty bodies as well as its consequences for the field as a whole. It finally looks beyond international human rights law by evaluating how disability is addressed by UN agencies.

Indigenous Persons with Disabilities and the Convention on the Rights of Persons with Disabilities

International Human Rights Law Review ◽

10.1163/22131035-00702002 ◽

2018 ◽

Vol 7 (2) ◽

pp. 165-200

Author(s):

Paul Harpur ◽

Michael Ashley Stein

Keyword(s):

Human Rights ◽

Human Rights Law ◽

Indigenous Status ◽

Specific Content ◽

History Of ◽

International Human

This article analyses how disability human rights protections and processes under the United Nations Convention on the Rights of Persons with Disabilities (crpd) have responded to the heightened vulnerability created when disability intersects with indigeneity. It considers the evolution of international human rights law instruments for indigenous persons with disabilities. It further examines the drafting history of the crpd related to indigenous-specific content and examines the crpd Committee’s engagement with the human rights protections and violations of indigenous persons with disabilities. It demonstrates that the crpd Committee has advanced these rights by acknowledging the rights of indigenous persons in the general course of its work, but has fallen short of adequately recognising the special vulnerabilities that are created when disability and indigeneity intersect. This evaluation is illustrated by expounding on the crpd Committee’s recommendation in Noble v Australia, a communication brought by an indigenous person with a ‘mental and intellectual disability’ whose indigenous status was not engaged.

Lessons from the Experience of U.N. Convention on the Rights of Persons with Disabilities: Addressing the Democratic Deficit in Global Health Governance

The Journal of Law Medicine & Ethics ◽

10.1111/j.1748-720x.2010.00512.x ◽

2010 ◽

Vol 38 (3) ◽

pp. 564-579 ◽

Cited By ~ 17

Author(s):

Janet E. Lord ◽

David Suozzi ◽

Allyn L. Taylor

Keyword(s):

Global Health ◽

Social Protection ◽

Medical Model ◽

Social Model ◽

Model Framework ◽

Socially Constructed ◽

High Commissioner ◽

Traditional Approaches

The United Nations Convention on the Rights of Persons with Disabilities (the CRPD or the Convention), adopted on December 13, 2006, and entered into force on May 3, 2008, constitutes a key landmark in the emerging field of global health law and a critical milestone in the development of international law on the rights of persons with disabilities. At the time of its adoption, the U.N. High Commissioner for Human Rights heralded the CRPD as a rejection of the understanding of persons with disabilities “as objects of charity, medical treatment and social protection” and an embrace of disabled people as “subjects of rights.”The text of the Convention itself, and the highly participatory process by which it was negotiated, signal a definitive break from previous international approaches that focused on disability within a medical model framework. In contrast to traditional approaches, the CRPD embraces a social model of disability, concentrating the disability experience not in individual deficiency, but in the socially constructed environment and the barriers that impede the participation of persons with disabilities in society.

Disability in International Human Rights Law

10.1093/oso/9780198824503.001.0001 ◽

2021 ◽

Author(s):

Gauthier de Beco

Keyword(s):

Human Rights ◽

Theoretical Framework ◽

Social Model ◽

Human Rights Law ◽

Legal Subject ◽

Human Rights Treaties ◽

International Human ◽

International Instruments

This book examines what international human rights law has gained from the new elements in the UN Convention on the Rights of Persons (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. In order to so, 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’ stemming from a recognition that all individuals encounter disability-related issues in the course of their lives. The book also examines how to apply this theoretical framework to a number of rights and highlights the consequences for the implementation of human rights treaties as a whole. It not only builds upon available literature straddling different fields, which include disability studies and legal and political theory, but also draws upon the recommendations of treaty bodies and reports of UN agencies as well as disabled people’s organisations. The book provides an agenda-setting analysis for all human rights experts by inviting them to appreciate the benefits of placing disabled people at the heart of international human rights law.

The Criminalization of Torture in South Africa

Journal of African Law ◽

10.1017/s0021855315000224 ◽

2015 ◽

Vol 60 (1) ◽

pp. 83-109

Author(s):

Lovell Fernandez ◽

Lukas Muntingh

Keyword(s):

South Africa ◽

South African ◽

International Crime ◽

Human Rights Law ◽

The South ◽

Convention Against Torture ◽

Degrading Treatment

AbstractThis article describes the politics related to the criminalization of torture in South Africa. It studies the differences between torture as an international crime and as a crime under international human rights law. The South African anti-torture law is analysed and critiqued against the standards and provisions set out in the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The article recommends amendments to the South African law, aimed at making the combating of torture more effective.

The repercussion of the Convention on the Rights of Persons with Disabilities in Brazilian courts

Revista Direito e Práxis ◽

10.1590/2179-8966/2020/47403 ◽

2021 ◽

Vol 12 (4) ◽

pp. 2601-2627

Author(s):

Pedro Pulzatto Peruzzo ◽

Enrique Pace Lima Flores

Keyword(s):

Social Model ◽

Research Focus ◽

Optional Protocol ◽

The Social ◽

Human Rights Treaties ◽

The Impact

Abstract The United Nations Convention on the Rights of Persons with Disabilities (CRPD) was the first treaty to be incorporated as a Constitutional law, according to the determination of the Brazilian Constitution for human rights treaties. In addition, the Optional Protocol was also promulgated, recognizing the competence of the Committee on the Rights of Persons with Disabilities to supervise the application of the treaty in Brazil. This study aims to analyze the impact of the Committee and Convention in Brazilian courts, specifically in the courts that have jurisdiction to rule on cases based on treaties, that is, the Federal Justice. An extensive survey of judicial decisions was carried out in order to verify whether the protections of the treaty are applied. This research focus on the efforts to ensure the rights of persons with disabilities on the Brazilian legal system, based on the commitment to international cooperation to guarantee and promote the rights and principles announced in the CRPD, particularly regarding the social model of disability, which is the main protective concept used in the treaty.