Art.9 Accessibility

2018 ◽  
Author(s):  
Lawson Anna
Keyword(s):  
United Nations ◽  
Ad Hoc ◽  
Case Law ◽  
Persons With Disabilities ◽  
Article 9 ◽  
United Nations Convention ◽  
The United Nations ◽  
Domestic Case ◽  
The Way

This chapter examines Article 9 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which articulates rights to accessibility. The chapter is divided into three main sections in addition to the introduction. The first of these focuses on the Ad Hoc Committee debates that shaped Article 9. This will be organized thematically under four distinct headings so as to facilitate analysis of key recurring issues. The second and third sections deal with the current text of Article 9 (paragraphs 9(1) and 9(2) respectively), its implications, and the way in which it has been understood and applied, particularly by the CRPD Committee. Cross-cutting themes will be highlighted throughout as will any relevant domestic case law.

The UN Convention on the Rights of Persons with Disabilities

2018 ◽  
Keyword(s):  
United Nations ◽  
Case Law ◽  
Persons With Disabilities ◽  
International Courts ◽  
Disability Law ◽  
United Nations Convention ◽  
The United Nations ◽  
Psychological Education ◽  
Comprehensive Study

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, and literature on the topic in question. Although primarily addressed to lawyers, 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.

scholarly journals The Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities: a dynamic pro unione and pro homine with particular reference to the CJEU case-law

2019 ◽  
Vol 5 (1) ◽  
pp. 109-120
Author(s):  
Filipe Venade de Sousa
Keyword(s):  
European Union ◽  
United Nations ◽  
Case Law ◽  
Legal Order ◽  
Fundamental Rights ◽  
The European Union ◽  
Persons With Disabilities ◽  
Charter Of Fundamental Rights ◽  
United Nations Convention ◽  
The United Nations

The incorporation of the United Nations Convention on the Rights of Persons with Disabilities into the legal order of the European Union acquires a centrality relevant to the interpretation of the fundamental rules within the framework of the catalog of rights enshrined in the Charter of Fundamental Rights of the European Union. The case-law of the Court of Justice of the European Union constantly reminds us that the Convention is an integral part of the legal order of the European Union and prevails over European Union law.

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.

scholarly journals DeCovidation = Deinstitutionalization. Independent Living and Inclusion in the Community

2020 ◽  
Vol 21 ◽  
pp. 26-36
Author(s):  
Rasa Genienė
Keyword(s):  
Content Analysis ◽  
United Nations ◽  
Eastern Europe ◽  
Independent Living ◽  
Central And Eastern Europe ◽  
The Elderly ◽  
Soviet Regime ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The United Nations

The global coronovirus (Covid-19) pandemic has been revealed what about half of the world’s deaths are recorded in large institutions of the elderly and people with disabilities, and these are later thought to be incentives for states to take active deinstitutionalisation efforts. In order for deinstitutionalisation actions to respond to its ideological origins, which lie in the provisions of the United Nations Convention on the Rights of Persons with Disabilities, in the necessary legal instruments and in clarifying that Member States are responsible. The article reveals how the deinstitutionalisation processes that have already started are implemented and evaluated in Central and Eastern Europe and discusses their problems. Content analysis was used to investigate the Soviet regime, leading to the implementation of official and alternative (shadow) reports on the United Nations Convention on the Rights of Persons with Disabilities.

Art.43 Consent to Be Bound

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
United Nations ◽  
Persons With Disabilities ◽  
Legal Effect ◽  
United Nations Convention ◽  
The United Nations ◽  
Multilateral Treaties

This chapter examines Article 43 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The formal act by which a state consents to be bound by a treaty is expressed through ratification. The various legal terms used to denote such consent (ie acceptance, approval, or accession) produce the same functional and legal effect in the international sphere. Their differences lie chiefly in the states’ internal/constitutional sphere. Article 43 CRPD departs from equivalent provisions in other treaties under the UN aegis, as well as other multilateral treaties, at least in phrasing. Other multilateral treaties specifically distinguish between the two classical types of consent: a) that which is open to signatory states, namely ratification, acceptance and approval and; b) that which is open to non-signatories, namely accession. Article 43 does not make this distinction explicit. Its wording seems to suggest that acceptance and approval are excluded from its ambit, but given that both of these produce exactly the same legal effects as ratification, the distinction is practically meaningless.

Art.37 Cooperation between States Parties and the Committee

2018 ◽  
Author(s):  
Gledhill Kris
Keyword(s):  
United Nations ◽  
Persons With Disabilities ◽  
Ordinary Meaning ◽  
Optional Protocol ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) Committee oversees the implementation of the CRPD by its states parties through an assessment of periodic reports and by hearing disputes submitted under the CRPD’s Optional Protocol. Article 37 CRPD contains two distinct obligations: that owed by the signatory states of cooperation with the Committee (article 37(1)), and that of the Committee to bear in mind the need to augment domestic capacities to give effect to the CRPD (article 37(2)). An understanding of the import of this turns on the ‘ordinary meaning’ of the words used ‘in their context’ and bearing in mind their ‘object and purpose’. Accordingly, this chapter examines various relevant features and looks at the practice of the Committee to date in order to suggest the meaning of these obligations.

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.

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