Art.49 Accessible Format

2018 ◽  
Author(s):  
Varney Eliza
Keyword(s):  
United Nations ◽  
Freedom Of Expression ◽  
Public Life ◽  
Educational Materials ◽  
Persons With Disabilities ◽  
National Implementation ◽  
Awareness Raising ◽  
United Nations Convention ◽  
The Impact ◽  
Accessible Format

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).

Art.33 National Implementation and Monitoring

2018 ◽  
Author(s):  
Aichele Valentin
Keyword(s):  
United Nations ◽  
Essential Elements ◽  
Framework Structure ◽  
Minimum Standard ◽  
State Party ◽  
Persons With Disabilities ◽  
Existing Structures ◽  
Effective Implementation ◽  
National Implementation ◽  
United Nations Convention

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.

Art.30 Participation in Cultural Life, Recreation, Leisure, and Sport

2018 ◽  
Author(s):  
Bantekas Ilias ◽  
Chow Pok Yin Stephenson ◽  
Karapapa Stavroula ◽  
Polymenopoulou Eleni
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
United Nations ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The Right ◽  
Right Of Access

This chapter examines Article 30 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article covers many, sometimes disparate, issues, although the underlying entitlements are accessibility and availability. One of the cornerstones of Article 30 is access to culture, one of the least studied human rights and its content remains contested. Culture is subject to several limitations, such as censorship, freedom of expression constraints, sensitivities towards religions, and hate speech. Do these limitations apply to the right of access to culture of disabled persons in the same way as they do to their non-disabled counterparts? Paragraph 3 is perhaps the most contentious of all. It suggests that existing intellectual property laws should be construed in such a way as to avoid imposing any unreasonable or discriminatory barriers against persons with disabilities to the enjoyment of their right of access to cultural materials.

Art.8 Awareness-Raising

2018 ◽  
Author(s):  
Bariffi Francisco
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Paradigm Shift ◽  
Social Awareness ◽  
Persons With Disabilities ◽  
General Duty ◽  
Awareness Raising ◽  
United Nations Convention ◽  
Legal Implication ◽  
Equality Standard

This chapter examines Article 8 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Unlike most other provisions in the CRPD, there is no mainstreamed equality approach in Article 8. While most CRPD provisions set forth a general duty upon states parties to ensure that persons with disabilities enjoy their human rights on equality of basis with others, Article 8 seems to include a series of obligations which are not necessarily associated with the equality standard. Thus, at first glance, the article might appear as a rather ‘decorative’ provision among many other relevant rights recognition statements. However, a closer look at the rationale and legal implication lets us understand the importance of this provision in building the groundwork for the paradigm shift. Without social awareness among the list of purposes underlying the CRPD, most of its provisions might end up wholly moot.

Art.21 Freedom of Expression and Opinion, and Access to Information

2018 ◽  
Author(s):  
Varney Eliza
Keyword(s):  
United Nations ◽  
Freedom Of Expression ◽  
Political Rights ◽  
Access To Information ◽  
Persons With Disabilities ◽  
Article 9 ◽  
United Nations Convention ◽  
Civil And Political Rights ◽  
The Right ◽  
Equal Right

This chapter examines the effectiveness of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in promoting and protecting the equal right of persons with disabilities to freedom of expression and opinion and access to information, focusing on 21. The discussion draws links between this provision and Article 19 of the International Covenant on Civil and Political Rights, and stresses the importance of the CRPD in applying the right to freedom of expression and opinion and access to information to the specific circumstances of persons with disabilities. Links are drawn also between Article 21 and other provisions of the CRPD, particularly Article 9 on accessibility. The chapter concludes with a reflection on the opportunities and challenges associated with the implementation of Article 21 by states parties to the Convention.

scholarly journals El acogedor y guardador hacia una refundición de funciones del acogimiento temporal | The cosy and guardian towards a refurbishment of functions of temporary foster care

2018 ◽  
Vol 5 (9) ◽  
pp. 125
Author(s):  
Encarnación Abad Arenas
Keyword(s):  
Foster Care ◽  
United Nations ◽  
Legal Regime ◽  
Persons With Disabilities ◽  
Family Foster Care ◽  
The Family ◽  
United Nations Convention ◽  
Legislative Amendments ◽  
The Guardian ◽  
The Impact

En el presente trabajo se analiza la repercusión que ha tenido el nuevo artículo 303. 1 CC modificado por Ley 26/2015, de 28 de julio, haciéndose un especial hincapié en el refuerzo que ha supuesto para el régimen jurídico de la guarda de hecho, ya que se agiliza una medida en pro de la protección de menores de edad y personas con discapacidad. También, se alude a las carencias de respuesta que presente esta reforma respecto de los requerimientos del sistema de apoyos de la Convención de Naciones Unidas de las personas con discapacidad, así como a las contradicciones que presenta. Asimismo, nos detenemos en la incidencia que han tenido las últimas modificaciones legislativas en la simplificación de la constitución del acogimiento familiar, en la concreción de las distintas modalidades de acogimiento vigentes en la actualidad. Para finalizar, se analizan, entre otros, los derechos y deberes del acogedor y de los menores acogidos y, se incide en los requisitos de idoneidad.__________________In this paper analysed the impact that has had the new article 303. 1 CC amended by Law 26/2015, de 28 de july, making a special emphasis in the reinforcement that it has meant for the legal regime of the guardian in fact, because it speeds up a measure in pro the protection of minors and people with disabilities. Also, reference is made to the shortcomings of response that presents this reform with respect to the requirements of the system of supports of the United Nations Convention of persons with disabilities, as well as the contradictions that presented. Also, we stop in the incidence who have had the latest legislative amendments in the simplification the Constitution of the family Foster care, in the realization of the various forms of current foster care today. Finally, is analysed, among others, the rights and duties of the cozy and the minors and, it affects in the suitability requirements.

Re Application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland); Reference by Court of Appeal in Northern Ireland Pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion) (Northern Ireland)

2021 ◽  
Vol 194 ◽  
pp. 531-680
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Northern Ireland ◽  
United Nations ◽  
Family Life ◽  
European Convention ◽  
Persons With Disabilities ◽  
Abortion Law ◽  
United Nations Convention ◽  
Degrading Treatment

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

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