Indigenous Persons with Disabilities and the Convention on the Rights of Persons with Disabilities

2018 ◽  
Vol 7 (2) ◽  
pp. 165-200
Author(s):  
Paul Harpur ◽  
Michael Ashley Stein
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Indigenous Status ◽  
Specific Content ◽  
Persons With Disabilities ◽  
History Of ◽  
United Nations Convention ◽  
International Human

This article analyses how disability human rights protections and processes under the United Nations Convention on the Rights of Persons with Disabilities (crpd) have responded to the heightened vulnerability created when disability intersects with indigeneity. It considers the evolution of international human rights law instruments for indigenous persons with disabilities. It further examines the drafting history of the crpd related to indigenous-specific content and examines the crpd Committee’s engagement with the human rights protections and violations of indigenous persons with disabilities. It demonstrates that the crpd Committee has advanced these rights by acknowledging the rights of indigenous persons in the general course of its work, but has fallen short of adequately recognising the special vulnerabilities that are created when disability and indigeneity intersect. This evaluation is illustrated by expounding on the crpd Committee’s recommendation in Noble v Australia, a communication brought by an indigenous person with a ‘mental and intellectual disability’ whose indigenous status was not engaged.

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.

Art.23 Respect for Home and the Family

2018 ◽  
Author(s):  
Fiala-Butora János
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Intimate Relationships ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
The Family ◽  
United Nations Convention ◽  
The Right

This chapter examines Article 23 of the United Nations Convention on the Rights of Persons with Disabilities. The right to family life and its various components have long been recognized by international human rights law and in regional human rights instruments. Despite this long tradition of protecting the family in human rights law, persons with disabilities have long been subject to serious violations of their right to family life. The prevailing stereotype has considered persons with disabilities asexual, which has led to the denial of their sexual autonomy. The right to family life also encompasses all forms of relationships and parenthood. To be truly equal members of society, persons with disabilities must achieve equality of opportunity in these areas as well. This requires significant attitudinal change, empowerment, dismantling of barriers, and support to experience intimate relationships.

The Oxford Handbook of International Human Rights Law

2013 ◽  
Keyword(s):  
Human Rights ◽  
International Institutions ◽  
Well Being ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
History Of ◽  
Structural Principles ◽  
International Human ◽  
Cultural Origins

This volume explores the principle and history of international human rights law. It addresses questions regarding the sources of human rights, its historical and cultural origins and its universality. It evaluates the effectiveness of procedures and international institutions in enforcing and ensuring compliance with human rights. This volume investigates the underlying structural principles that bind together the internationally-guaranteed rights and provide criteria for the emergence of new rights. It also evaluates whether the international human rights project has made a difference in the lives and well-being of individuals and groups around the world.

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.

Constitutional Rights and their Relationship with International Human Rights in Ghana

2008 ◽  
Vol 41 (3) ◽  
pp. 677-702 ◽  
Author(s):  
A. Kodzo Paaku Kludze
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Past History ◽  
Legal Rights ◽  
Constitutional Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
History Of ◽  
International Human

Particularly in developing nations, the movement has been toward the articulation of elaborate provisions in constitutions which guarantee the basic human and peoples' rights of the citizenry. In many cases these are reflections of the immediate past history of the young nations which were strewn with ugly spectacles of dictatorships on their path to democracy. The history of Ghana is unfortunately an illustrative example. The Ghana Independence Constitution of 1957—a very brief document—was brief to a fault and bereft of any provision for human rights. It is clear that the experience of years of abuse of human, political, and civil rights in Ghana explains many of the current constitutional guarantees of basic rights spelt out in the 1992 Constitution in order to protect citizens against future abuses.In the past, treaty obligations under municipal laws of Ghana were such that even ratification of human rights treaties did not directly confer enforceable legal rights in the domestic courts of Ghana and implementing legislation was necessary to make a treaty right justiciable. In the 1992 Constitution of Ghana, the provisions of the Universal Declaration of Human Rights and of the African Charter on Human and Peoples' Rights, as well as others, are entrenched as constitutional provisions, are to be interpreted as such, and enforceable under the laws of Ghana. To the extent that drafters of the Ghana Constitution relied on the principles of the international human rights law enshrined in treaties and declarations, there are many similarities between the domestic law and some principles of international human rights law.

scholarly journals Some Theoretical, Legal and Practical Issues on Human Rights of Aliens

2018 ◽  
Vol 34 (2) ◽  
Author(s):  
Công Giao Vũ ◽  
Đức Nguyễn Đình
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
History Of ◽  
International Human ◽  
History Of Formation

This paper tries to analize concept “alien” and “rights of aliens”, to explain the differences between “rights of citizen” and “rights of aliens”, the history of formation, development as well as content of rights of aliens in international law and Vietnam law. The authors argue that Vietnam's legislation has made strides in protecting the rights of aliens in comparision of the standards of international human rights law since Vietnamese government published the Constitution 2013, however, there are still gap between the rights of foreigners and citizens which have been not really improved in the context of globalization.

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.

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