The activation of the Convention on the Rights of Persons with Disabilities in Argentina

2021 ◽  
pp. 91-130
Author(s):  
Gráinne de Búrca
Keyword(s):  
Human Rights ◽  
Inclusive Education ◽  
Disability Rights ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Human Rights Treaties ◽  
Human Rights Advocacy ◽  
International Human ◽  
Rights Issues ◽  
Over Time

This chapter examines the activation of the UN Convention on the Rights of Persons with Disabilities (CRPD) in Argentina, and in particular the ways in which local and national disability rights organizations and movements have mobilized domestically and engaged repeatedly over time with international human rights bodies and national institutions to promote reform on a range of disability rights issues. Although the chapter focuses mainly on disability rights advocacy and particularly on the issue of inclusive education, drawing on the Emiliano Naranjo and Alan Rodríguez cases, the experimentalist approach to human rights is also used as a lens through which to view other aspects of human rights advocacy in Argentina including in the area of child rights. With an active civil society involved in aspects of both advocacy and policymaking, Argentina’s ratification and incorporation of international human rights treaties since the dictatorship has in different ways catalysed and enhanced domestic mobilization for change on a range of fronts.

scholarly journals The Jordanian Legal Protection of Disabled Persons in Accordance to International Human Rights Treaties

2020 ◽  
Vol 16 (7) ◽  
pp. 128
Author(s):  
Sabah Al-Anizat ◽  
Abdelsalam A. Hammash
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Legal Protection ◽  
Disabled Persons ◽  
Special Committee ◽  
International Treaties ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Human Rights Treaties ◽  
International Human

This study aims at analyzing the legal system for protection of individuals with disabilities in Jordan, especially after the ratification of the 2007 Convention on the Rights of Persons with Disabilities by Jordan. Then, the Jordanian Kingdom presented three-step measures to guarantee the rights of disabled persons. First, it introduced specific laws into the national legal corpus. Secondly, it made up a three-year strategy to enhance the protection of this particular panel of the population. Thirdly, a special committee was established whose duty is to assess the adequacy of national laws to the International treaties.

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).

Part VI Human Rights and General International Law, Ch.31 Interpretation of Human Rights Treaties

2013 ◽  
Author(s):  
Fitzmaurice Malgosia
Keyword(s):  
Human Rights ◽  
International Law ◽  
Vienna Convention ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Law ◽  
Rights Issues

This article examines the systems of interpretation of several international human rights treaties by their respective human rights tribunals. It describes some approaches to the classification of human rights treaties and discusses the relevant provisions of the Vienna Convention on the Law of Treaties of 1969 (VCLT). It also reviews the jurisprudence of human rights tribunals on main human rights issues and analyses the provisions of human rights conventions relating to interpretation.

Art.3 General Principles

2018 ◽  
Author(s):  
Arduin Sarah
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Governance Regime ◽  
Human Rights Treaties ◽  
United Nations Convention ◽  
International Human ◽  
The United Nations

This chapter examines Article 3 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out the general principles of the CRPD. Prior to the CRPD, general principles were inferred from core articles of a treaty or from preambles. In this sense, the introduction of a stand-alone article on general principles departs from the architecture of previous international human rights treaties. The chapter is divided into two parts. First, it provides an overview of the drafting process of Article 3. Second, it discusses each of the eight principles set out in Article 3, which may be identified as falling within one of the two prevalent themes of the Convention, namely equality and non-discrimination, and participation and inclusion—the latter theme constituting a common feature of an experimental governance regime.

The Idea of International Human Rights Law

2019 ◽  
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Moral Concept ◽  
Customary International Law ◽  
Human Rights Treaties ◽  
International Human ◽  
Fragmentation Of International Law

International Human Rights Law has emerged as an academic subject in its own right, separate from, but still related to, International Law. This book explains the distinctive nature of the new discipline by examining the influence of the moral concept of human rights on general international law. Rather than make use of moral philosophy or political theory, the work explains the term ‘human rights’ by examining its usage in international law practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice in the United Nations, the core human rights treaties, and customary international law, The Idea of International Human Rights Law shows how a moral concept of human rights emerged, and then influenced the international law doctrine and practice on human rights, a fact that explains the fragmentation of international law and the special nature of International Human Rights Law.

Germany

2018 ◽  
Author(s):  
Valentin Aichele
Keyword(s):  
Human Rights ◽  
International Law ◽  
Direct Effect ◽  
Federal Courts ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Public International Law ◽  
Monitoring Mechanism ◽  
International Human ◽  
Human Rights Norms

This chapter analyses the use and interpretation of the Convention on the Rights of Persons with Disabilities (CRPD) in sixty-nine decisions of German federal courts between 2009 and mid-2016. German courts’ failure to be proactive in demonstrating ‘friendliness towards public international law’ when dealing with international human rights norms has been criticised. The National CRPD Monitoring Mechanism addressed problems in the application of the law. This chapter investigates the courts’ understanding of basic CRPD concepts, judicial techniques, interpretation methods and specific CRPD provisions. The importance of the concepts of self-executing provisions and direct effect is discussed. In quantitative terms, German courts have referred to the CRPD more often than any other UN international human rights instrument. Furthermore, in qualitative terms, federal courts have become more receptive towards the CRPD. However, it is clear that much of the potential for courts to use the CRPD in the realisation of the rights of persons with disabilities remains untapped.

The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
International Human

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter first engages in the debate on whether and to what extent certain human rights treaties address armed groups directly. Second, it shows that under the law of state responsibility, states are generally not responsible for human rights violations committed by non-state entities. Third, it recalls that under international human rights law, states have an obligation to protect human rights against violations committed by armed groups. However, it argues that because this cannot be a strict obligation but is one that depends on states’ capacities and the particular circumstances, often this framework cannot adequately protect individuals against human rights violations by armed groups. The result is a legal and practical need for human rights obligations of non-state armed groups.

The Institutional Future of the Covenants

2018 ◽  
Author(s):  
Felice D Gaer
Keyword(s):  
Human Rights ◽  
Body System ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Treaty Monitoring ◽  
Treaty Body ◽  
International Human ◽  
Normative Standards ◽  
Individual Petition

Longstanding proposals to strengthen implementation of the international human rights treaties have often focused on procedural reforms such as harmonizing methods of work or consolidating ten treaty monitoring bodies into one. This article reviews past reform efforts and then considers proposals to create stronger individual petition mechanisms—including a ‘world court’—as a way of strengthening human rights implementation. After discussing these proposals, the author offers additional ways to make the system more effective and efficient. She rejects the oft-suggested proposal to create a ‘world court’ for human rights, noting legal, organizational, logistical, and financial obstacles. Rather than rushing to tear down the current treaty body system, the author offers a proposal for determining how consolidation of petition proceedings might affect normative standards.

Sign in / Sign up

Export Citation Format

Share Document