Art.4 General Obligations

2018 ◽  
Author(s):  
Broderick Andrea
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Policy Reform ◽  
Persons With Disabilities ◽  
Human Rights Treaties ◽  
United Nations Convention ◽  
The United Nations

This chapter examines Article 4 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article sets out the general obligations under the CRPD with a view to encouraging national legal and policy reform and guiding domestic implementation of the Convention. The content of Article 4 is of cross-cutting application, since it contains overarching principles that permeate the text of the Convention as a whole. The obligations contained in the article thus seek to contextualize the interpretation of the substantive provisions of the Convention. Article 4 enumerates both general obligations and specific obligations. This distinguishes it from similar provisions in other human rights treaties, which are more in the nature of general obligations of compliance.

Art.36 Consideration of Reports

2018 ◽  
Author(s):  
Combrinck Helene
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Social Council ◽  
Human Rights Treaties ◽  
International Monitoring ◽  
Treaty Monitoring ◽  
United Nations Convention ◽  
The United Nations

This chapter examines Article 36 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out one of the CRPD’s international monitoring mechanisms, viz the consideration of state reports by the Committee on the Rights of Persons with Disabilities. Every human rights treaty contains certain ‘directives’ for the treaty monitoring body on how to respond to reports from member states. The notion of monitoring human rights implementation through the review of periodic reports had its origins in a 1956 resolution of the United Nations Economic and Social Council which requested states to submit, every three years, reports on progress achieved in advancing the rights set out in the Universal Declaration of Human Rights. By 1977, a reporting requirement had been included into each of the ‘core’ international human rights treaties. This has become a standard feature of all subsequent human rights treaties, including the CRPD.

Art.3 General Principles

2018 ◽  
Author(s):  
Arduin Sarah
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Governance Regime ◽  
Human Rights Treaties ◽  
United Nations Convention ◽  
International Human ◽  
The United Nations

This chapter examines Article 3 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out the general principles of the CRPD. Prior to the CRPD, general principles were inferred from core articles of a treaty or from preambles. In this sense, the introduction of a stand-alone article on general principles departs from the architecture of previous international human rights treaties. The chapter is divided into two parts. First, it provides an overview of the drafting process of Article 3. Second, it discusses each of the eight principles set out in Article 3, which may be identified as falling within one of the two prevalent themes of the Convention, namely equality and non-discrimination, and participation and inclusion—the latter theme constituting a common feature of an experimental governance regime.

scholarly journals THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND ITS EFFECTS ON THE PROMOTION OF ELITE DISABILITY SPORT: A WORLDWIDE ANALYSIS

2018 ◽  
pp. 119-138
Author(s):  
Jaime Prieto ◽  
Juan L. Paramio-Salcines
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Active Role ◽  
Persons With Disabilities ◽  
Disability Sport ◽  
Sports Events ◽  
Athletes With Disabilities ◽  
Elite Level ◽  
United Nations Convention ◽  
The United Nations

Little attention has been focused on the analysis of the interrelation between disability and elite disability sport from the human rights perspective as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) demands of those countries that ratified this global regulation. More than a decade since its promulgation in December 2006, the United Nations itself and a plethora of authors recognises that disability in general and disability sport by extension has not yet been seen as a human rights issue in many countries, principally in developing countries. This paper is divided into four main parts. First, academic literature in relation to disability, human rights policy and sport at elite level is explored. Second, it examines the active role of the International Paralympic Committee, regarded as a major advocate for the rights of the sport promotion of athletes with disabilities, to implement the Convention by the organisation of sports events for Paralympic athletes worldwide at all levels of the sport development continuum. Third, it explains the methods and data collection followed in the study and the following section presents results of the analysis. Finally, it draws an international scenario that might be valuable in informing academics, institutions and professionals to promote elite disability sport from the human rights perspective.

Art.35 Reports by States Parties

2018 ◽  
Author(s):  
Kanter Arlene
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Final Section ◽  
Ad Hoc ◽  
Country Report ◽  
Persons With Disabilities ◽  
Reporting Requirements ◽  
Human Rights Treaties ◽  
Sixth Session ◽  
United Nations Convention

This chapter examines Article 35 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out the requirements for reporting by states parties to the CRPD Committee. It begins with an overview of the background and travaux préparatoires of Article 35. Although the reporting requirements were discussed at several sessions of the Ad Hoc Committee, it was not until the sixth session, in August of 2005, when the Committee considered the substantive proposals related to Article 35. The following sections of the chapter discuss each paragraph of Article 35, including what constitutes a ‘comprehensive’ country report, as required under Article 35(4). The final section compares the language of Article 35 with the reporting requirements of other human rights treaties, followed by a conclusion.

Art.20 Personal Mobility

2018 ◽  
Author(s):  
Kovudhikulrungsri Lalin ◽  
Hendriks Aart
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Human Beings ◽  
Persons With Disabilities ◽  
Personal Mobility ◽  
Cultural Activities ◽  
European Court ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

This chapter examines Article 20 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Personal mobility is a prerequisite for inclusion in a society. According to the European Court of Human Rights, to be mobile and to have access to transport, housing, cultural activities, and leisure is a precondition for the ‘right to establish and develop relations with other human beings’, ‘in professional or business contexts as in others’. The CRPD does not establish new rights for persons with disabilities. It is merely thought to identify specific actions that states and others must take to ensure the effectiveness and inclusiveness of all human rights and to protect against discrimination on the basis of disability. However, the fact that there is no equivalent of the right to personal mobility in any other human rights treaty makes it particularly interesting to examine the genesis and meaning of this provision.

scholarly journals Mental health legislation in Botswana

2018 ◽  
Vol 16 (03) ◽  
pp. 68-70
Author(s):  
J. Maphisa Maphisa
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Disorders ◽  
United Nations ◽  
Persons With Disabilities ◽  
Mental Health Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
Health Legislation

The Mental Disorders Act of 1969 is the primary legislation relating to mental health in Botswana. Despite the country not being a signatory to the United Nations Convention on the Rights of Persons with Disabilities, its Act has a self-rated score of four out of five on compliance to human rights covenants. However, it can be argued that the Act does not adequately espouse a human rights- and patient-centred approach to legislation. It is hoped that ongoing efforts to revise the Act will address the limitations discussed in this article.

scholarly journals The United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights: a tale of two halves or a potentially unified vision of human rights?

2018 ◽  
Vol 7 (2) ◽  
pp. 199-224 ◽  
Author(s):  
Andrea Broderick
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Social Dimension ◽  
European Convention ◽  
Political Rights ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right

The traditional dichotomy of rights between civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, has been increasingly eroded in scholarly and judicial discourse. The interdependence of the two sets of rights is a fundamental tenet of international human rights law. Nowhere is this interdependence more evident than in the context of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or UN Convention). This article examines the indivisibility and interdependence of rights in the CRPD and, specifically, the positive obligations imposed on States Parties to the UN Convention, in particular the reasonable accommodation duty. The aim of the paper is to analyse, from a disability perspective, the approach adopted by the European Court of Human Rights (ECtHR or ‘Strasbourg Court’) in developing the social dimension of certain civil and political rights in the European Convention on Human Rights (ECHR), namely Articles 2 and 3 (on the right to life and the prohibition on torture, inhuman and degrading treatment, respectively), Article 8 (on the right to private and family life) and Article 14 ECHR (on non-discrimination). Ultimately, this paper examines the influence of the CRPD on the interpretation by the Strasbourg Court of the rights of persons with disabilities under the ECHR. It argues that, while the Court is building some bridges to the CRPD, the incremental and often fragmented approach adopted by the Court could be moulded into a more principled approach, guided by the CRPD.

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