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.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.

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.

The child’s voice in adoption proceedings: A European perspective

2013 ◽  
Vol 21 (4) ◽  
pp. 590-615
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Human Rights ◽  
United Nations ◽  
European Perspective ◽  
Rights Of The Child ◽  
European Court ◽  
The World ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

The right of the child to be heard in adoption proceedings flows directly from the provisions of the United Nations Convention on the Rights of the Child, ratified by almost every country in the world. In this paper, the interpretation of this principle across European jurisdictions will be analysed, both in terms of children who are old enough to make a determinative decision concerning their future, and those who are younger yet still possess the right to be heard. The wide variety of practices in Europe highlight the lack of progress in this field of law, which is not assisted by the conservative jurisprudence of the European Court of Human Rights.

The Child’s Voice in Adoption Proceedings

2014 ◽  
Vol 22 (1) ◽  
pp. 135-163 ◽  
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rights Of The Child ◽  
European Court ◽  
The World ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

The right of the child to be heard in adoption proceedings flows directly from the provisions of the United Nations Convention on the Rights of the Child, ratified by almost every country in the world. In this paper, the interpretation of this principle across European jurisdictions will be analysed, both in terms of children who are old enough to make a determinative decision concerning their future, and those who are younger yet still possess the right to be heard. The wide variety of practices in Europe highlight the lack of progress in this field of law, which is not assisted by the conservative jurisprudence of the European Court of Human Rights.

Connecting the Right of Collective Legal Capacity by Indigenous Peoples with the Right of Individual Legal Capacity by Persons with Disabilities

2020 ◽  
Vol 9 (2) ◽  
pp. 147-183
Author(s):  
Matthew S Smith ◽  
Michael Ashley Stein
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
American System ◽  
European Court ◽  
United Nations Convention ◽  
The Right ◽  
Three Factor

Abstract This Article explores the juridical implications of indigenous peoples’ right to legal capacity in the Inter-American system for cases involving the same right of persons with disabilities within that system and beyond. It explicates the Inter-American Court of Human Rights’ (IACtHR) three-factor test in Saramaka People v Suriname and analogizes its reasoning with rationales underpinning the right to legal capacity under the United Nations Convention on the Rights of Persons with Disabilities (crpd). It then demonstrates how the IACtHR can apply a Saramaka-style test to future cases brought by persons with disabilities challenging legal capacity restrictions. The Article further argues that the European Court of Human Rights (ECtHR) should also apply this rule to align its legal capacity jurisprudence with the crpd’s mandates. Finally, it suggests that the Committee on the Rights of Persons with Disabilities (crpd Committee) ought to consider this rule when resolving individual communications and thereby guide courts.

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.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.

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.

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