Participation: ‘Nothing About Us Without Us’

2021 ◽  
pp. 159-173
Author(s):  
Gauthier de Beco

This chapter focuses on the participation of disabled people. It starts by looking at the way in which disabled people organisations joined forces in the CRPD’s negotiation process and disabled people managed to infuse their claims into the Convention, thereby accelerating the formation of the disability rights movement. It then turns to the domestic level examining the obligation to consult disabled people ‘through their representative organizations’, including the requirements of such consultations, and the necessity of facilitating the participation of disabled people in the implementation of the Convention. It also explores the broader implications of ‘Nothing about us without us’ for international human rights law with regard to the involvement of civil society organisations.

2015 ◽  
Vol 109 (3) ◽  
pp. 534-550 ◽  
Author(s):  
Christopher McCrudden

Comparative international law promises to bring fresh attention to the similarities and differences in how international law is understood and approached at the domestic level. Comparative international human rights law applies this focus to similarities and differences in the ways that international human rights law is, for example, interpreted at the domestic level by courts.


2019 ◽  
Vol 7 (1) ◽  
pp. 57-88
Author(s):  
Helge Årsheim

International human rights law (ihrl) has traditionally enjoyed an uneasy relationship with customary, religious, and indigenous forms of law. International courts and tribunals have considered these non-state forms of law to represent both structural and material challenges to the implementation of human rights norms at the domestic level. Over the course of the last decades, however, the theory and practice of human rights has increasingly started recognizing and accommodating multiple legal orders. This article traces the gradually increasing accommodation of legal pluralism in ihrl in the monitoring practice of four un human rights committees over a period of 20 years, looking in particular at the increasing recognition of religious forms of legality across the committees.


2021 ◽  
pp. 127-142
Author(s):  
Gauthier de Beco

This chapter analyses the right to work. It examines how the CRPD has come to provide for the participation of disabled people in the ‘open labour market’ and examines the various barriers that limit such participation. It also considers alternative forms of employment, including sheltered and supported employment, as well as how they relate to the new emphasis brought on the right to work by the CRPD. It subsequently focuses on the extent to which the Convention calls into question those working arrangements that ignore the complexity of human diversity. It further appraises the provision of equal employment opportunities for disabled people warning against certain limits in the consideration of employment as nothing but gainful employment in international human rights law.


2020 ◽  
Vol 5 (1) ◽  
pp. 21-32
Author(s):  
Swe Zin Linn Phyu

In many non-Western societies there are still challenges to the legibility, and hence applicability, of international human rights law. This is partly due to the gap between Western legal regime and local cultural contexts. However, with the process of vernacularization some of this gap has been bridged, especially in issues of relating to women rights. This paper explores how NGOs and Human Rights defenders in Bangkok have adopted the process of vernacularization to enhance disability rights.


Author(s):  
Pace John P

This chapter examines the issues that the Commission on Human Rights took up in the decades following the drafting of the International Bill of Human Rights. The work of the Commission reflected international, political and social developments, largely propelled by a vital civil society. Thus, the period of decolonization brought the first issues to the agenda of the Commission, as did the Cold War and the emergence of the Non-aligned Movement between the 1950s and the mid-1970s, with the focus on racism and self-determination. This influenced the character of the Commission from that of a largely technical drafting body to a forum where situations were taken up. The Commission’s agenda thus widened in scope and with it, the challenges that are considered in these chapters. The challenges that emerged for the Commission related to the appreciation by states of their human rights obligations at the domestic level as a result of their becoming parties to international human rights law; and the realization of economic, social and cultural rights as an integral component of international human rights law, consistent with the Charter of the United Nations. These two challenges were to dominate the further evolution of the Great Enterprise for the rest of the existence of the Commission and that of the Human Rights Council after 2006.


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