Art.10 Right to Life

2018 ◽  
Author(s):  
Nizar Smitha
Keyword(s):  
United Nations ◽  
Human Beings ◽  
Right To Life ◽  
Persons With Disabilities ◽  
Optional Protocol ◽  
United Nations Convention ◽  
Micro Level ◽  
The United Nations ◽  
The Individual ◽  
The Right

This chapter examines Article 10 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which affirms every human being’s right to life. It first explores the efforts made by the drafters of the CRPD to frame the right to life of all human beings. It further examines the wider meaning of the right to life and its application, and traces the interpretation given by the CRPD Committee in its concluding observations. In order to understand the micro-level application of the right, the chapter examines the interpretation and its application by domestic and regional courts. Finally, it explores the individual complaints made under the optional protocol and the consequent interpretation provided. This is done to define the jurisprudence surrounding the right to life and the required measures to strengthen and facilitate its wider application as envisaged under the Convention.

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.

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.7 Children with Disabilities

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
United Nations ◽  
Children With Disabilities ◽  
Best Interests ◽  
Right To Life ◽  
Persons With Disabilities ◽  
Rights Of The Child ◽  
General Welfare ◽  
Survival And Development ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The first instrument to specifically address the rights of children with disabilities was the 1989 Convention on the Rights of the Child (CRC).The CRC recognizes four key guiding principles that permeate our understanding and construction of all pertinent rights related to children. These principles are: a) the best interests of the child (Article 3 CRC); b) respect for the views of the child (Article 12 CRC); c) the right to life, survival, and development (Article 6 CRC); and d) non-discrimination (Article 2 CRC). The CRC was also the first instrument specifically to address the rights of children with disabilities, particularly in Article 2(1) (non-discrimination) and Article 23 (general welfare for disabled children). However, Article 7 CRPD and other children-related rights in the CRPD (eg Article 23) constitute a significant improvement to Article 23 CRC.

Art.22 Respect for Privacy

2018 ◽  
Author(s):  
Land Molly ◽  
Giannoumis Anthony ◽  
Kitkowska Aga ◽  
Mikhaylova Maria
Keyword(s):  
United Nations ◽  
Personal Health ◽  
Right To Privacy ◽  
Persons With Disabilities ◽  
Control Information ◽  
The Right To Privacy ◽  
Disability Status ◽  
United Nations Convention ◽  
The Individual ◽  
The Right

This chapter examines the legal and normative obligations of states under Article 22 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) to protect individuals with disabilities against unlawful and arbitrary interference with their privacy, both in general and in particular with respect to their personal, health, and rehabilitation information. For persons with disabilities, the right to privacy plays a particularly important role in helping to guarantee rights such as the rights to equality, to freedom from discrimination, to employment, and to education, among others. This is because the right to privacy provides individuals with the right to control information about themselves, including information related to their disability status. The ability to control and limit discovery and disclosure of one’s disability status is essential in helping to protect the individual from discrimination and stigma.

Art.5 Equality and Non-Discrimination

2018 ◽  
Author(s):  
Corsi Jessica Lynn
Keyword(s):  
United Nations ◽  
Three Dimensional ◽  
Persons With Disabilities ◽  
Equality Rights ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right ◽  
Article 5

This chapter examines Article 5 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out the concepts of equality and non-discrimination. It explores the myriad advances embodied in Article 5 and analyses the legal import of each paragraph. It also considers the potential challenges to implementing Article 5, including clashes between the CRPD Committee’s interpretation and that of states parties, and conflicts between equality rights, such as the right to abortion and arguments that non-discrimination under the CRPD requires bans on aborting disabled foetuses. What emerges is a picture of equality and non-discrimination born of ‘a three-dimensional view of the reality of life as a person with a disability’.

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.

scholarly journals Silence please!

2015 ◽  
pp. 175-178
Author(s):  
Jane Maeve O'Sullivan
Keyword(s):  
United Nations ◽  
Active Role ◽  
Human Beings ◽  
Family Dinner ◽  
Rights Of The Child ◽  
Dinner Table ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

“Shut up and eat your dinner!” Given that I grew up in an era in which it was considered that children should be seen and not heard the preceding demands were not at all unusual and regularly demanded at our family dinner table. In the not-so-distant past children were viewed as empty vessels in need of being filled with knowledge and “manners”. Their role was not to question but to accept the guidance, wisdom and discipline of knowing adults. Our view of childhood, however, has evolved. Today we recognise that children play an active role in their own lives and development. Instead of viewing children as human becomings we recognise them as human beings, as citizens, and like all citizens, children hold rights. In 1992 Ireland ratified the United Nations Convention on the Rights of the Child (CRC). Amongst other rights, this treaty affords children the right to be heard. ...

scholarly journals Disrupting Notions of 'Choice': Missteps in Ontario’s COVID-19 Back-to-School Plan

2021 ◽  
Vol 8 (1) ◽  
pp. 94-111
Author(s):  
Sydney Chapados
Keyword(s):  
United Nations ◽  
Return To School ◽  
Human Beings ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations ◽  
The Government ◽  
Children’S Voices ◽  
The Right

When schools shut down in Ontario during the COVID-19 Pandemic, many voices chimed in to discuss where children should be. However, children’s voices were largely missing from these discussions by virtue of being excluded by those in charge. Under the United Nations Convention on the Rights of the Child (1989), children are granted the right to express themselves, have that expression be taken seriously, and to be given information on matters that concern them. By conducting an analysis of the Ontario Government’s Back-to-School Plan and announcements, I argue that the developmental and economic framing of the decision to return to school denied children their expression rights guaranteed under the UN-CRC. The Ontario Government missed a vital opportunity to value children as full human beings with integral experiences. I conclude by arguing that it is imperative that the Government commits to using a rights-respecting approach to all policy and programming with potential to impact children or childhood.

scholarly journals Unveiling the Challenges in the Implementation of Article 13 of the United Nations Convention on the Rights of Persons With Disabilities on the Right to Access to Justice: A Case Study of Lesotho

2019 ◽  
Vol 11 (1) ◽  
pp. 194
Author(s):  
Henok Ashagrey Kremte
Keyword(s):  
United Nations ◽  
Access To Justice ◽  
Human Right ◽  
Group Discussions ◽  
Persons With Disabilities ◽  
Legislative Framework ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right ◽  
Human Rights Based Approach

Article 13 of the United Nations Convention on the Rights of Persons with Disabilities guarantees access to justice in the context of disability as a human right and puts concrete and binding duties on state parties. It lays down a duty to safeguard effective access to justice for persons with disabilities on an equal basis with others. Nevertheless, persons with disabilities are extremely susceptible to marginalization and discrimination in Africa and are often denied access to justice. The situation in the Kingdom of Lesotho is not an exception to this reality. The research thus aims at unveiling challenges in the implementation of Article 13 of the United Nations Convention on the Rights of Persons with Disabilities on the right to access justice in the Kingdom of Lesotho and proposes possible recommendations. To this effect, the country’s policies and legislative framework were reviewed to determine the extent to which the right to access justice of persons with disabilities is met and aligned with the United Nations Convention on the Rights of Persons with Disabilities. Factors that hinder persons with disabilities from accessing justice mechanisms in the country were also scrutinized, and the research concluded that persons with disabilities face difficulties in accessing justice because of social, legal and structural obstacles, and recommended legislative, administrative, judicial and other measures. In reaching this conclusion, the research adopted four methodologies of data collection: interview, on-site visit, focus group discussions and desk review research. The research used a human-rights based approach to disability issues so as to frame the enquiry, design the tools for analysis, and made practical findings and recommendations.

Sign in / Sign up

Export Citation Format

Share Document