Setting the Scene

2018 ◽  
Author(s):  
Anna Lawson ◽  
Lisa Waddington
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Domestic Courts ◽  
International Human

This chapter introduces the book and provides important context for all the subsequent chapters. In particular, it explains the aim of the research presented in the book and situates it within the emerging literature on comparative international (human rights) law, as well as the literature on the Convention on the Rights of Persons with Disabilities (CRPD). It also sets out the methodology used and explains how the book is structured, with jurisdiction-specific chapters, and chapters providing comparative analysis across jurisdictions illuminating the differences and similarities in the interpretation and use of the CRPD by domestic courts and judges.

scholarly journals THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: ITS CONTRIBUTION TO THE DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS LAW

REVISTA ESMAT ◽  
2019 ◽  
Vol 11 (17) ◽  
pp. 209
Author(s):  
Mona Paré
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
International Human ◽  
The One ◽  
The Impact

This article examines the impact that the United Nations Convention on the Rights of Persons with Disabilities (CRPD) has had on international human rights law. While it seems that the convention may have a narrow focus, as it focuses on a specific group of people, this paper argues that it has had an impact on international human rights law more generally. This impact started with the negotiation of the convention between 2002 and 2006, and is continuing with its implementation since its entry into force in 2008. The impact is of both procedural and substantive nature. On the one hand, the procedure that led to the development and adoption of the CRPD was innovative, as are the mechanisms that have been put into place to monitor its implementation. On the other hand, the convention introduces and develops concepts in a novel way in international law, such as new ways of considering the concept of equality, and to understand development, for example. The article concludes that the international community should capitalize on the new approaches, and that their application and interpretation should be closely monitored.

scholarly journals Human Rights Theory and Comparative International Law Scholarship

2018 ◽  
Author(s):  
Christopher McCrudden
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Dignity ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Domestic Courts ◽  
Domestic Use ◽  
International Human

An account of what we know about the use by domestic courts of international human rights law is identified, based on the findings in this volume and earlier work on the use of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). From that, three aspects of the domestic functions of international human rights treaties are tentatively identified as particularly significant: international human rights law is only partly internationally-directed; domestic courts very seldom appear to be acting as ‘agents’ of international human rights law; and ‘human dignity’ (sometimes by itself, sometimes alongside ‘autonomy’ and ‘equality’) acts as an important meta-principle in the domestic use of international human rights law. The implications these functions have for normative theorising about human rights, in particular practice-dependent theories of human rights, is considered, and a theory of human rights law consistent with this practice is identified.

scholarly journals Towards a Permanent Consultation Mechanism for Persons with Disabilities. A Study from the Perspective of the Un Convention on the Rights of Persons with Disabilities

2018 ◽  
Vol 11 (1) ◽  
pp. 158-186
Author(s):  
Riku-Heikki Virtanen
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Legal Obligation ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
National Legislation ◽  
Eu Member States ◽  
International Human

Abstract The Convention on the Rights of Persons with Disabilities (UN CRPD) stipulates an obligation for states to consult persons with disabilities in the development and implementation of legislation and policies with respect of implementing this Convention. Consultations with persons with disabilities have not as yet become a widespread practice in national legal orders. When it comes to EU member states, for example, not all of them incorporate the said obligation in national legislation. In its Concluding Observations the CRPD Committee suggests that the obligation to consult is a cross-cutting duty covering all rights guaranteed in the UN CRPD. Eventually, the draft General Comment No. 7 to the UN CRPD has arrived at a wider interpretation of the scope of an obligation to consult. Although a much wider scope of opportunity to be consulted is provided for the indigenous peoples by the ILO Convention No. 169, it has become a matter of consideration in several cases before regional human rights organs while the convention has not got a significant number of ratifications. Provided that the UN CRPD is much more broadly ratified by the states, will the adoption of this General Comment exert influence on empowering persons with disabilities? In order to find an answer to this question, this article explores the genesis of a general legal obligation to consult persons with disabilities on a permanent basis which would be wider in scope than matters of implementing the UN CRPD in international human rights law.

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).

Sign in / Sign up

Export Citation Format

Share Document