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.46 Reservations

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Persons With Disabilities ◽  
Customary International Law ◽  
Treaty Provision ◽  
Legal Effect ◽  
Universal Human Rights ◽  
United Nations Convention ◽  
The United Nations

This chapter examines Article 46 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the issue of reservations. Reservations are a common feature of multilateral treaties, although there are calls to reduce their frequency or volume in human rights or treaties of a humanitarian nature. The legal effect of a reservation is to exclude or modify the binding nature of a treaty provision for the reserving state. In the context of a universal human rights treaty this entails several dangers. For one thing, since the CRPD claims not to create new rights but instead relies on existing ones, any reservation thereto will automatically constitute a regression on entrenched rights, something that is unacceptable. In equal manner, since the vast majority of the ‘existing’ rights in the CRPD are also part of customary international law, reservations thereto will negate customary obligations, which is again unacceptable.

Art.45 Entry Into Force

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
United Nations ◽  
Customary Law ◽  
Vienna Convention ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
The Moment ◽  
Multilateral Treaties

This chapter examines Article 45 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the entry into force of the Convention. The practice of the UN in respect of multilateral treaties suggests an antipathy towards their entry into force without a substantial quorum of ratifications. Article 45(1) CRPD does not depart from the UN model whereby a treaty enters into force in relation to existing (ratifying) parties and not independently of them. In accordance with customary law as reflected in Article 24(4) of the Vienna Convention on the Law of Treaties, Article 45 CRPD applies not from the moment the treaty enters into force, but rather from the ‘moment of the adoption of the text’. The adoption of the text of a treaty does not necessarily coincide with the signing of the treaty. The text of the CRPD was adopted on 13 December 2006 but was opened for signature on 30 March 2007.

Art.42 Signature

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
New York ◽  
United Nations ◽  
Regional Integration ◽  
Persons With Disabilities ◽  
Legal Nature ◽  
United Nations Convention ◽  
The United Nations ◽  
Domestic Level ◽  
Final Text ◽  
Multilateral Treaties

This chapter examines Article 42 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Multilateral treaties such as the CRPD, which are adopted after years of negotiation, are opened for signature either to all states or only those states that participated in the negotiations and the final conference. Signature clauses are typically distinct from accession and ratification clauses given their bifurcated legal nature and distinct legal effects. Multilateral treaties undergo a three-tier process: a) negotiation/discussion; b) signature of final text and; c) ratification, which is further distinguished by the deposit of an instrument of ratification and the adoption of implementing legislation at the domestic level. Article 42 states that present Convention shall be open for signature by all states and by regional integration organizations at United Nations Headquarters in New York as of 30 March 2007. By September 2017 there were approximately 175 ratifications and twelve signatories to the CRPD.

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.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.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.

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