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Author: Andrew Byrnes
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 166
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Book Description
Parliaments and parliamentarians have a key role to play in promoting and protecting human rights. This Handbook aims to assist parliamentarians and others in efforts to realize the Convention so that persons with disabilities can achieve the transition from exclusion to equality. It seeks to raise awareness of the Convention and its provisions, promote an appreciation of disability concerns, and assist parliaments in understanding the mechanisms and frameworks needed to translate the Convention into practice. By providing examples and insights, it is hoped that the Handbook will serve as a useful tool for parliamentarians to promote and protect the rights of persons with disabilities all over the world.
Author: Andrew Byrnes
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 166
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Book Description
Parliaments and parliamentarians have a key role to play in promoting and protecting human rights. This Handbook aims to assist parliamentarians and others in efforts to realize the Convention so that persons with disabilities can achieve the transition from exclusion to equality. It seeks to raise awareness of the Convention and its provisions, promote an appreciation of disability concerns, and assist parliaments in understanding the mechanisms and frameworks needed to translate the Convention into practice. By providing examples and insights, it is hoped that the Handbook will serve as a useful tool for parliamentarians to promote and protect the rights of persons with disabilities all over the world.
Author: Ilias Bantekas
Publisher: Oxford University Press
ISBN: 0192538691
Category : Law
Languages : en
Pages : 1633
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Book Description
This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.
Author: Nick Watson
Publisher: Routledge
ISBN: 0429774095
Category : Social Science
Languages : en
Pages : 830
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Book Description
This fully revised and expanded second edition of the Routledge Handbook of Disability Studies takes a multidisciplinary approach to disability and provides an authoritative and up-to-date overview of the main issues in the field around the world today. Adopting an international perspective and arranged thematically, it surveys the state of the discipline, examining emerging and cutting-edge areas as well as core areas of contention. Divided in five parts, this comprehensive handbook covers: Different models and approaches to disability. How key impairment groups have engaged with disability studies and the writings within the discipline. Policy and legislation responses to disability studies and to disability activism. Disability studies and its interaction with other disciplines, such as history, philosophy, sport, and science and technology studies. Disability studies and different life experiences, examining how disability and disability studies intersects with ethnicity, sexuality, gender, childhood and ageing. Containing 15 revised chapters and 12 new chapters from an international selection of leading scholars, this authoritative handbook is an invaluable reference for all academics, researchers, and more advanced students in disability studies and associated disciplines such as sociology, health studies and social work. Chapter 6 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Author: Valentina Della Fina
Publisher: Springer
ISBN: 3319437909
Category : Law
Languages : en
Pages : 776
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Book Description
This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.
Author: Ian Brownlie
Publisher: Oxford University Press, USA
ISBN: 0199564043
Category : Law
Languages : en
Pages : 1295
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Book Description
'Basic Documents on Human Rights' provides a collection of key documents and covers all elements of the subject. It is an account of the most important instruments adopted by the UN, its agencies, regional organizations and other actors.
Author: Maciej Domański
Publisher: Taylor & Francis
ISBN: 1003802907
Category : Law
Languages : en
Pages : 839
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Book Description
This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Article 12 into domestic law, as they contribute to the determinants in creating a qualificatory legal framework for all, persons with disabilities in particular, to exercise their rights to legal capacity without let or hindrance. As active legal capacity is a notion rooted in and coming from private law, this forms the main research perspective. The first section discusses the foundational concepts constituting the CRPD Article 12 standard from domestic private law and international law perspectives. The work shows that the concepts adopted in private law interact with the protection of persons with disabilities as victims provided for in criminal law. In addition, where relevant, authors also look at public law institutions that are connected with the private law solutions. The volume will be an essential reference for academics, researchers and policy-makers working in the areas of private law, criminal law, mental health law, human rights, discrimination law as well as psychology and psychiatry.
Author: Oddný Mjöll Arnardóttir
Publisher: BRILL
ISBN: 900418080X
Category : Law
Languages : en
Pages : 344
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Book Description
The International Convention on the Rights of Persons with Disabilities is the first human rights treaty adopted by the United Nations in the 21st century. It seeks to secure the equal and effective enjoyment of human rights for the estimated 650 million persons with disabilities in the world. It does so by tailoring gerneral human rights norms to their circumstances. It reflects and advances the shift away from welfare to rights in the context of disability. The Convention itself represents a mix between non-discrimination and other substantive human rights and gives practical effect to the idea that all human rights are indivisible and interdependent. This collection of essays examines these developments from the global, European and Scandinavian perspectives and the challenge of transposing its provisions into national law. It marks the coming of age of disabilty as a core human rights concern.
Author:
Publisher: The Stationery Office
ISBN: 9780104014165
Category : Business & Economics
Languages : en
Pages : 116
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Book Description
The UN Convention on the Rights of Persons with Disabilities builds on existing human rights treaties including the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights. The UN Handbook for Parliamentarians on the Convention stresses that it is not intended to create new rights, but "clarifies the obligations and legal duties of States to respect and ensure the equal enjoyment of all human rights by all persons with disabilities". Its purpose is to: "Promote, protect and ensure the full enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity." The UK was among the first countries to sign the Convention on 30 March 2007. The findings of our recent inquiry on the rights of adults with learning disabilities showed that although UK law and policy on the treatment of adults with learning disabilities takes a human rights based approach, the day to day experiences of people with learning disabilities are not so positive. Ratification will send a strong signal to all people with disabilities in the UK, and abroad, that the Government takes equality and the protection of their human rights seriously. The Government first publicly stated that reservations to the Convention were being considered in its response to our Report on the treatment of adults with learning disabilities, in May 2008, more than a year after it signed the Convention. Despite the Committee's call for a full explanation of the government's views on the compatibility of domestic law with the Convention, the were then provided with little detail on the reservations being considered or the Government's approach to the process. The Committee considers that progress towards ratification of the Convention by the UK has so far lacked transparency and has unfortunately alienated disabled people and their organisations. This is unacceptable in the light of the clear Convention commitment which the Government intends to make to the involvement of disabled people in the development of policies and laws which affect them. This approach undermines the previous role that the UK Government has played in championing equality for disabled people and their leading role in negotiating the terms of the UNCRPD.
Author: Frédéric Mégret
Publisher: Oxford University Press
ISBN: 0191653314
Category : Law
Languages : en
Pages : 802
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Book Description
The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.
Author: Sally Robinson
Publisher: Edward Elgar Publishing
ISBN: 1800373651
Category : Social Science
Languages : en
Pages : 889
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Book Description
Examining how policy affects the human rights of people with disabilities, this topical Handbook presents diverse empirical experiences of disability policy and identifies the changes that are necessary to achieve social justice.
