Art.33 National Implementation and Monitoring

Author(s):  
Aichele Valentin

This chapter examines Article 33 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The overarching objective of Article 33 is to provide the CRPD with a means of review, further develop existing structures relating to the implementation of the CRPD by states parties, and further establish a framework structure for monitoring national implementation. These provisions spell out the existing obligations of a state party under the CRPD by introducing the essential elements of such frameworks (minimum standard). Article 33 sets forth stand-alone, positive obligations that relate to institutional and procedural prerequisites intended to ensure effective implementation and arrangements aimed at making it possible to address any deficits in implementation that may arise.

Author(s):  
Varney Eliza

This chapter examines Article 49 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The importance of Article 49 CRPD is threefold. Firstly, it facilitates the dissemination of the CRPD by requiring that the Convention be made available in accessible formats. Secondly, this provision has the potential to set a benchmark for the accessibility of the CRPD text, but also of CRPD-related materials, such as CRPD educational materials. Thirdly, the impact of this article has the potential to go beyond the CRPD and in the development of an accessibility standard for all treaties. The chapter explores these issues in more depth. It also discusses the connection between Article 49 CRPD and other provisions of the Convention, including Article 8 (awareness-raising), Article 9 (accessibility), Article 21 (freedom of expression and opinion and access to information), Article 24 (education), Article 29 (participation in political and public life), and Article 33 (national implementation and monitoring).


2021 ◽  
Vol 194 ◽  
pp. 531-680

531Human rights — Rights of women in Northern Ireland — Pregnant women and girls — Autonomy and bodily integrity — Right to respect for private and family life — Rights of persons with disabilities — Right not to be subjected to torture or inhuman or degrading treatment or punishment — Abortion law in Northern Ireland — Prohibition on abortion in cases of serious malformation of foetus, rape and incest — Balancing of rights — Whether moral and political issues relevant — Role of courts and Parliament — Whether abortion law incompatible with Articles 3 and 8 of European Convention on Human Rights, 1950 — Whether declaration of incompatibility should be madeHuman rights — Right to respect for private and family life — Qualified right — Abortion law in Northern Ireland — Prohibition on abortion in cases of serious malformation of foetus, rape and incest — Interference with right to respect for private and family life under Article 8 of European Convention on Human Rights, 1950 — Whether interference justified — Whether interference prescribed by law — Whether having legitimate aim — Whether necessary in democratic society — Whether proportionate — In case of fatal foetal abnormality — In case of rape — In case of incest — In case of serious foetal abnormality — Balancing of rights — European Court of Human Rights — Margin of appreciation accorded to United Kingdom represented by Northern Ireland Assembly — Whether legislative situation in Northern Ireland tenable — Role of legislature and courts — Whether Northern Ireland abortion law incompatible with Article 8 of European Convention on Human Rights, 1950 — Whether declaration of incompatibility should be madeHuman rights — Rights of persons with disabilities — Treaties — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Northern Ireland abortion law prohibiting abortion in cases of serious malformation of the foetus — Foetus having potential to develop into child with disability in cases of serious foetal abnormality — Value of life with and without disability — Whether life having equal worth — United Nations Committee on the Rights of Persons with Disabilities recommending States amend abortion laws so as to value equally the life of a person with disabilities — Whether Northern Ireland abortion law disproportionate in cases of serious foetal abnormality — Whether abortion law in Northern Ireland incompatible with Article 8 of European Convention on Human Rights, 1950 — Whether declaration of incompatibility should be made532Human rights — Right not to be subjected to torture or inhuman or degrading treatment or punishment — Article 3 of European Convention on Human Rights, 1950 — Rights of girls and women in Northern Ireland pregnant with foetuses with fatal abnormality or due to rape or incest — Article 3 absolute right — Effect on victim — Whether mothers continuing against their will with fatal foetal abnormality pregnancies or pregnancies due to rape or incest, or having to travel to England for an abortion, likely to suffer inhuman and degrading treatment — Whether any ill-treatment under Article 3 reaching minimum level of severity — Obligations owed by the State under Article 3 of European Convention — Vulnerability of women — Personal autonomy — Whether abortion law in Northern Ireland incompatible with Article 3 of European Convention — Whether declaration of incompatibility should be madeRelationship of international law and municipal law — Treaties — Implementation — Interpretation — Effect in domestic law — International treaties to which United Kingdom a party — European Convention on Human Rights, 1950 — Human Rights Act 1998 — United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Whether moral and political issues relevant — Balancing of rights — Northern Ireland abortion law interfering with right under Article 8 of European Convention on Human Rights, 1950 — Whether interference justified — Whether prescribed by law — Whether having legitimate aim — Whether necessary in democratic society — Whether proportionate — Relevance of moral and political views — Role of courts and Parliament in abortion debate — Whether pregnant women and girls subjected to inhuman or degrading treatment — Whether reaching minimum level of severity for breach of Article 3 of European Convention — Whether Northern Ireland abortion law incompatible with Articles 3 and 8 of European Convention on Human Rights, 1950 Convention — Whether declaration of incompatibility should be madeRelationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Effect in domestic law — Abortion law in Northern Ireland — Sections 58 and 59 of the Offences against the Person Act 1861 — Section 25(1) of the Criminal Justice Act (NI) 1945 — Right to respect for private and family life — Right not to be subjected to torture or inhuman or degrading treatment or punishment — Whether abortion law in 533Northern Ireland incompatible with Article 8 of European Convention — Balancing of rights — Whether abortion law justified — Whether moral and political values relevant — Margin of appreciation accorded to States by European Court of Human Rights — Whether abortion law in Northern Ireland incompatible with Articles 3 and 8 of European Convention — Whether declaration of incompatibility should be madeTreaties — Interpretation — Implementation — Application — Effect in domestic law — European Convention on Human Rights, 1950 — Interpreting European Convention in light of other international treaties to which United Kingdom a party — United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Relevance of unincorporated international treaties when applying European Convention via Human Rights Act 1998 — The law of the United Kingdom


2018 ◽  
pp. 119-138
Author(s):  
Jaime Prieto ◽  
Juan L. Paramio-Salcines

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.


2020 ◽  
Vol 21 ◽  
pp. 26-36
Author(s):  
Rasa Genienė

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.


Author(s):  
Bantekas Ilias

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.


Author(s):  
Gledhill Kris

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.


Author(s):  
Kanter Arlene

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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