Mexico

2018 ◽  
Author(s):  
Matthew S Smith ◽  
Michael Ashley Stein
Keyword(s):  
Civil Society ◽  
Supreme Court ◽  
Case Law ◽  
Legal Order ◽  
Constitutional Reform ◽  
Persons With Disabilities ◽  
Civil Society Organisations ◽  
Transformative Potential ◽  
Instructive Case ◽  
Do So

This chapter analyses how Mexico’s Supreme Court has applied the Convention on the Rights of Persons with Disabilities (CRPD) to decide cases involving persons with disabilities following its 2011 constitutional reform. Although the Court has c to develop instructive case law on incorporating the CRPD into the domestic legal order, it has frequently failed to do so in an even-handed manner. Even when the Court has sided with petitioners with disabilities, its application of the CRPD to the facts of the case has been erratic, both making it difficult to predict how the Court will adjudicate future claims and also hindering the CRPD’s transformative potential for changing how individuals, organisations and society at large act towards persons with disabilities through its expressive value. Civil society organisations that have advocated for progressive rulings have a responsibility for educating the Court to develop workable judicial tests for CRPD-based claims.

United Kingdom

2018 ◽  
Author(s):  
Anna Lawson ◽  
Lucy Series
Keyword(s):  
United Kingdom ◽  
Civil Society ◽  
Public Sector ◽  
Case Law ◽  
Third Party ◽  
Eu Law ◽  
Persons With Disabilities ◽  
The Public ◽  
Civil Society Organisations ◽  
The United Kingdom

This chapter explores how courts in the United Kingdom have used and interpreted the Convention on the Rights of Persons with Disabilities (CRPD) by analysing the seventy-five cases mentioning the CRPD prior to June 2016. These cases are unevenly spread—in geography and in subject matter. In a significant number of these cases, civil society organisations and equality bodies supported disabled litigants (eg through third party interventions). The Public Sector Equality Duty has been construed as giving judges very little power to use the CRPD to hold public sector bodies to account. The CRPD was used as an interpretive aid only in connection with understanding how ECHR and EU law should be understood in the domestic context—suggesting that, were ECHR and EU law no longer to be part of United Kingdom law, the CRPD would play a greatly diminished role in guiding case law in the United Kingdom.

scholarly journals Implementation of the recommendations of the Inter- American Commission on Human Rights in the Brazilian constitutionalism: proposals and perspectives

2021 ◽  
Vol 7 (1) ◽  
pp. 96-119
Author(s):  
Melina Girardi Fachin ◽  
Flávia Piovesan
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Retrospective Analysis ◽  
Latin American ◽  
International System ◽  
Case Law ◽  
American System ◽  
Methodological Research ◽  
Transformative Potential

Based on the study of some Brazilian cases submitted to the Inter-American Commission on Human Rights, this article aims to identify proposals to overcome common Latin- American challenges in the implementation of international recommendations. In the first part, in a retrospective analysis, several emblematic Brazilian cases and their domestic impacts and changes are addressed. In a second part, with a prospective view guided by the domestic contributions to which the Inter-American System is oriented, highlights the current system’s challenges. At this stage, proposals to overcome challenges are outlined, especially regarding the obstacles to implement the Commission’s recommendations, where the main results of the article arise. The reason for this study stands on the conviction that the compliance with international recommendations is the element that guarantees the exercise of the transformative potential of Human-Rights Systems. With the methodological research based on a bibliographical research and case law, the role of the Inter-American Commission is redesigned in the light of a dialogical triad composed by the organs of the International System, the States constitutionalism and organised civil society.

scholarly journals The interpretation complying with EU law manifested in the case law unifying judgment No. 15/2013 of the Portuguese Supreme Court of Justice

2016 ◽  
Vol 2 ◽  
pp. 82-96
Author(s):  
Carla Machado
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Case Law ◽  
Legal Order ◽  
The Other ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Court Of Justice ◽  
The One

This article aims to address the interpretation that has been made by Portuguese courts in relation to the concept of “communication of the work to the public” enshrined in Article 3 (1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, duly transposed into the Portuguese legal order by Law No. 50/2006 of 24 August, which culminated in the drafting of the case law unifying judgment No. 15/2013. By verifying its content and analysing the case law of the Court of Justice of the European Union (hereinafter CJEU), concerning the interpretation of that concept, we conclude that the said case law unifying judgment does not comply with EU law. Therefore, we will list, on the one hand, the inherent consequences regarding the upkeep of the interpretation that has been held by the Portuguese judicial authorities and, on the other, we will suggest solutions for the resolution of similar cases by appealing to the principle of conforming interpretation.

scholarly journals Models of Disability and Their Influence on Judicial Decisions: A Preliminary Approach from the Perspective of the Spanish Case Law

2020 ◽  
Vol 29 (3) ◽  
pp. 173
Author(s):  
Antonio-Luis Martínez-Pujalte
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Social Model ◽  
Future Research ◽  
Persons With Disabilities ◽  
Judicial Decisions ◽  
Models Of Disability ◽  
The Social

<p>The purpose of this article is to show the influence on judicial decisions of the approach to disability embedded in the person’s mentality. A brief introduction to the different paradigms of disability is previously provided, distinguishing mainly between the medical and the social model, and noting that the latter has been incorporated by the Convention on the Rights of Persons with Disabilities. The analysis of two recent decisions of the Spanish Supreme Court illustrates the influence of the different models of disability on legal judgements. Finally, some conclusions from this analysis are suggested, which can mark a path for future research.</p>

scholarly journals Constructing victimhood in divided Germany: The case of the Association of the Victims of Stalinism (1950–1989)

2017 ◽  
Vol 11 (4) ◽  
pp. 422-436 ◽  
Author(s):  
David Clarke
Keyword(s):  
Civil Society ◽  
Political System ◽  
The Political ◽  
Social Relevance ◽  
Historical Injustice ◽  
Civil Society Organisations ◽  
Divided Germany ◽  
Over Time ◽  
Do So

Taking the Vereinigung der Opfer des Stalinismus (Association of the Victims of Stalinism) as a case study, this article argues that civil society organisations which claim to represent the interests of victims of historical injustice must seek to construct and propagate notions of the political and social relevance of victimhood. They must do so in such a way that victimhood both offers a coherent point of identification for individual victims and speaks to the concerns of the political system on which victims rely for compensation and recognition. By examining the discourse of officials of this organisation over time, it is possible to demonstrate the extent to which victims’ representatives must adapt their conception of victimhood in order to respond to changing circumstances. The article also points to the challenges these organisations face in remaining relevant in the new political contexts.

Judicialization of Judicial Appointments?

2018 ◽  
pp. 208-218
Author(s):  
Chintan Chandrachud
Keyword(s):  
Civil Society ◽  
Supreme Court ◽  
Judicial Independence ◽  
Constitutional Reform ◽  
Judicial Appointments ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Increasing Trend ◽  
Lay Members ◽  
The Uk

This essay discusses United Kingdom’s transition to the commission model of judicial appointments, with the advent of the Constitutional Reform Act of 2005 (CRA). The essay expounds that the commission model in the UK provides for a sustained participation of ‘lay’ members, who are expected to be representatives of the civil society. The author aligns with the view that the fragmentation of the appointments process amongst various actors is an exercise towards appointing a more diverse judiciary, and in no way impinging upon judicial independence. This essay analyses how the Supreme Court of India in the NJAC Case interpreted the appointments process ushered in by the UK CRA. This essay critiques the Indian Supreme Court’s reading of the CRA, and how the Court’s conclusion that the appointments processes in the UK shows an increasing trend toward judicialization may either be incorrect, or highly reductionist.

The Reception Process in the Netherlands and Belgium

2008 ◽  
Author(s):  
Erika de Wet
Keyword(s):  
The Netherlands ◽  
Supreme Court ◽  
Case Law ◽  
Legal Order ◽  
European Court ◽  
The Status ◽  
Council Of State

This chapter discusses the reception of the ECHR in the Netherlands and Belgium. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an overview of the activity of the European Court, the ECtHR's case law and its effects on the national legal order, and the manner in which the highest courts (Supreme Court, Council of State and the Central Appeals Board) applied the ECHR in their jurisprudence.

scholarly journals The Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities: a dynamic pro unione and pro homine with particular reference to the CJEU case-law

2019 ◽  
Vol 5 (1) ◽  
pp. 109-120
Author(s):  
Filipe Venade de Sousa
Keyword(s):  
European Union ◽  
United Nations ◽  
Case Law ◽  
Legal Order ◽  
Fundamental Rights ◽  
The European Union ◽  
Persons With Disabilities ◽  
Charter Of Fundamental Rights ◽  
United Nations Convention ◽  
The United Nations

The incorporation of the United Nations Convention on the Rights of Persons with Disabilities into the legal order of the European Union acquires a centrality relevant to the interpretation of the fundamental rules within the framework of the catalog of rights enshrined in the Charter of Fundamental Rights of the European Union. The case-law of the Court of Justice of the European Union constantly reminds us that the Convention is an integral part of the legal order of the European Union and prevails over European Union law.

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