Art.13 Access to Justice

2018 ◽  
Author(s):  
Flynn Eilionóir
Keyword(s):  
Human Rights ◽  
Access To Justice ◽  
International Human Rights Law ◽  
Persons With Disabilities ◽  
Optional Protocol ◽  
System P ◽  
Human Rights Treaties ◽  
United Nations Convention ◽  
Effective Remedy ◽  
The Right

This chapter examines Article 13 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which represents the first expression of a stand-alone right to access justice in international human rights law. It explores how the drafters drew on concepts like the right to an effective remedy and the right to a fair hearing in other UN human rights treaties, to develop a unique treaty provision on access to justice for persons with disabilities in the CRPD. It further considers how this right has been interpreted by the UN Committee on the Rights of Persons with Disabilities in its Concluding Observations to date. Further, the chapter explores the extent to which the article has been interpreted and applied in domestic and regional courts. Finally, it highlights individual complaints made under the Optional Protocol concerning the interpretation of Article 13 and any references to this provision by other treaty bodies and independent mechanisms within the UN system.

Art.23 Respect for Home and the Family

2018 ◽  
Author(s):  
Fiala-Butora János
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Intimate Relationships ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
The Family ◽  
United Nations Convention ◽  
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.

Human Rights in Germany – A View from Germany's National Human Rights Institution

2016 ◽  
Vol 44 (1) ◽  
pp. 50-58
Author(s):  
Beate Rudolf
Keyword(s):  
Human Rights ◽  
Added Value ◽  
International Human Rights Law ◽  
Persons With Disabilities ◽  
The Right To Privacy ◽  
National Human ◽  
Human Rights Treaties ◽  
Protection Of Human Rights ◽  
The Right ◽  
The Relationship

AbstractThis paper discusses the protection of human rights in Germany through the interplay of constitutional law and international human rights law. It also explores the relationship between specialized human rights treaties on the rights of women, children, and persons with disabilities with “general” human rights treaties and their added value. It will highlight current human rights issues, such as the treatment of refugees, the protection against racist discrimination, and the right to privacy in the digital age.

Art.29 Participation in Political and Public Life

2018 ◽  
Author(s):  
Plessis Ilze Grobelaar Du ◽  
Njau Jehoshaphat
Keyword(s):  
Human Rights ◽  
Ad Hoc ◽  
Public Life ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Persons With Disabilities ◽  
Protection Mechanism ◽  
Human Rights Treaties ◽  
Draft Convention ◽  
United Nations Convention

This chapter examines Article 29 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Like all rights provided for under international human rights law, political and public life participation is to be recognized, enjoyed, and exercised without exclusions and/or restrictions. The Working Group to the Ad Hoc Committee of the draft Convention was given a mandate to draft Article 29 CRPD in line with the universal human rights treaties, to provide a protection mechanism that would ensure that persons with disabilities are entitled to the same entitlement to participate in political and public life in the same manner as other persons without disabilities.

The Convention on the Rights of Persons with Disabilities and International Human Rights Law

2018 ◽  
Vol 7 (1) ◽  
pp. 82-102
Author(s):  
Francesco Seatzu
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
International Convention ◽  
Optional Protocol ◽  
Human Rights Treaties ◽  
International Human

This article argues that it is not possible to interpret or apply the International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (Convention on the Rights of Persons with Disabilities or CRPD) and its related Optional Protocol to the Convention on the Rights of Persons with Disabilities without drawing on the texts of other human rights treaties and the related jurisprudence of their judicial or quasi-judicial supervisory bodies. Conversely, it is not possible to supervise the implementation of other human rights treaties, where persons with disabilities are concerned, without drawing on the text of the CRPD and related interpretative conclusions of the Committee on the Rights of Persons with Disabilities (CRPD Committee).

Preventing the Police State

2017 ◽  
Author(s):  
Sarah St. Vincent
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Political Rights ◽  
The Right To Privacy ◽  
Human Rights Treaties ◽  
Effective Remedy ◽  
Access To Data ◽  
The Right ◽  
Mass Surveillance

This chapter is intended as a basic reference guide for lawyers, legislators, and advocates approaching the issue of mass surveillance—or surveillance more generally—through the lens of international human rights law for the first time. It focuses on the International Covenant on Civil and Political Rights and the human rights treaties that apply in Europe and the Americas, with a particular emphasis on the rights to privacy, freedom of expression and opinion, and an effective remedy for violations. Although the exact parameters of the right to privacy are still being decided, it appears increasingly clear that state interferences with any kind of communications data will generally be subject to a standard of strict necessity applied on an individualized basis, and there is presently a trend toward finding that mass surveillance—including systematic state access to data held or transmitted by the private sector—violates the human rights treaties.

scholarly journals An EU Right to Interim Protection during Appeal Proceedings in Asylum Cases?

2010 ◽  
Vol 12 (4) ◽  
pp. 407-434 ◽  
Author(s):  
Marcelle Reneman
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
Effective Remedy ◽  
The Right ◽  
Judicial Protection ◽  
The Eu

AbstractDoes EU law provide for a right to interim protection in asylum cases and if so under what circumstances and in what form? These questions are addressed in this article on the basis of relevant EU legislation, the EU principle of effectiveness and the right to effective judicial protection, and finally international human rights law, which serves as a source of inspiration for these principles. It is argued that Article 39 of the Procedures Directive, interpreted in the light of the EU principle of effectiveness and the EU right to effective judicial protection, requires a remedy with automatic suspensive effect in all asylum cases, regardless of their arguability. It is therefore conceivable that this provision offers broader protection than the right to an effective remedy, laid down in international human rights treaties, such as Article 13 ECHR.

Art.24 Education

2018 ◽  
Author(s):  
Anastasiou Dimitris ◽  
Gregory Michael ◽  
Kauffman James M
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Lifelong Learning ◽  
Economic Justice ◽  
Educational Opportunities ◽  
Right To Education ◽  
Persons With Disabilities ◽  
Human Rights Treaties ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which recognizes the right of persons with disabilities (PWD) to education and lifelong learning, specifying obligations of states parties that are necessary for realizing this right. Consistent with the CRPD as a whole and with other human rights treaties, it seeks to eliminate discrimination against and equalize educational opportunities for PWD. Nevertheless, it is argued that several tensions and ambiguities embodied in Article 24 raise questions about its efficacy for ultimately achieving its important vision. Despite its categorization as an ‘economic, social, and cultural right’, Article 24 appears to operate in practice primarily as an anti-discrimination measure, which inhibits its potential for securing socio-economic justice for all PWD. In this regard, it diverges from the paradigm that has characterized other international statements on the right to education.

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.

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