Study on the Implementation of Article 33 of the UN Convention on the Rights of Persons with Disabilities in Europe PDF Download
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Author: Vereinte Nationen Hochkommissariat für Menschenrechte
Publisher:
ISBN:
Category :
Languages : en
Pages : 62
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Book Description
Author: Vereinte Nationen Hochkommissariat für Menschenrechte
Publisher:
ISBN:
Category :
Languages : en
Pages : 62
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Book Description
Author: Gauthier de Beco
Publisher: Martinus Nijhoff Publishers
ISBN: 9004220828
Category : Law
Languages : en
Pages : 267
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Book Description
This book provides an in-depth examination of Article 33 of the UN Convention on the Rights of Persons with Disabilities (CRPD). It both analyses Article 33 of the CRPD and provides case studies on six EU Member States.
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: Oddný Mjöll Arnardóttir
Publisher: BRILL
ISBN: 900418080X
Category : Law
Languages : en
Pages : 344
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Book Description
This collection of essays examines the International Convention on the Rights of Persons with disabilities 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: Ottavio Quirico
Publisher: Taylor & Francis
ISBN: 1040043070
Category : Law
Languages : en
Pages : 158
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Book Description
This book investigates the implementation of disability rights and duties in the European Union, aiming to understand its functioning and explore ways forward through a critical analysis of the Convention on the Rights of Persons with Disabilities (CRPD) within the context of international regulation. Along the lines of the integration of fundamental rights within the common market, the EU has indeed progressively adopted meaningful regulation to advance disability rights, which are now essentially shaped by the CRPD. The research considers the interaction between law and policy at the international, EU and Member States’ level, focusing on three essential elements, including the sources of disability law, institutional mechanisms and substantive regulation. Grounded in the distinction between primary rules on law-making and secondary norms on enforcement, the analysis unfolds against the background of the ‘twin’ transitions on sustainability and digitalisation and encompasses the Council of Europe system, particularly in the light of the foreseeable accession of the EU to the European Convention on Human Rights. Arguably, following the progressive development it has facilitated in other regulatory areas, the Court of Justice of the European Union can provide a decisive contribution to advancing inclusiveness for people with disabilities in the Union. The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in EU and international disability law and politics.
Author: National University of Ireland
Publisher: Council of Europe
ISBN:
Category : Law
Languages : en
Pages : 84
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Book Description
Equal recognition before the law: the capacity to hold rights and duties and the capacity to act on them. This Study aims to identify ways and means of implementation of Article 121 of the UN Convention on the Rights of Persons with Disabilities (CRPD) which affirms the right to equal recognition before the law. It represents a paradigm shift from viewing persons with disabilities as objects of charity and medical treatment to identifying them as subjects with legal rights. The requirements of Article 12 of the CRPD have been clearly interpreted by the UN CRPD Committee. Various bodies of the Council of Europe have acknowledged this shift in consensus regarding the right to universal legal capacity and have gradually moved towards affirming its applicability, most notably in the Council of Europe Strategy on the Rights of Persons with Disabilities 2017-2023. To reiterate, the Strategy asserts that the rights covered in it are to be interpreted in light of the UN CRPD.
Author: Ilias Bantekas
Publisher: Oxford University Press
ISBN: 0192538691
Category : Law
Languages : en
Pages : 1460
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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: Lisa Waddington
Publisher: Oxford University Press
ISBN: 0191090220
Category : Law
Languages : en
Pages : 673
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Book Description
Introduced in 2008, the UN Convention on the Rights of Persons with Disabilities has existed for nearly a decade. This comprehensive study examines how courts in thirteen different jurisdictions make use of the Convention. The first sustained comparative international law analysis of the CRPD, Waddington and Lawsons ground breaking text illuminates the intersection between human rights law, disability law and international law through an examination of the role of courts. The first part of the book contains chapters specific to each jurisdiction. The second part consists of comparative chapters which draw on the rich analysis of the jurisdiction-specific chapters. These chapters reflect on emerging patterns of judicial usage and interpretation of the CRPD and on the wider implications for human rights theory and the nascent field of international comparative human rights law. This volume is a vital and thought-provoking addition to the literature on comparative international law and disability rights.
Author: Carmine Conte
Publisher: Bloomsbury Publishing
ISBN: 1509945156
Category : Law
Languages : en
Pages : 222
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Book Description
This book analyses the impact of the UN Convention on the Rights of Persons with Disabilities (CRPD) on EU non-discrimination law and governance. The CRPD places the protection of persons with disabilities at the heart of international human rights law. The Convention is the first human rights treaty open for signatures by regional organisations, and the European Union favourably acceded to it in December 2010. Ten years after this historic event, this book explores whether the theory has been put into practice, and examines the effects of the CRPD on EU non-discrimination law and governance. This book brings together the practices of the European Court of Justice (CJEU) with regard to disability discrimination to show whether the CRPD is living up to its full potential to substantially improve the protection of the rights of persons with disabilities in the EU. It examines whether the judicial interpretation of the Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation, does or does not comply with the new legal background delineated by the CRPD. In addition, it investigates whether the governance mechanisms underlying the EU Framework for promoting, protecting and monitoring the CRPD are effectively fostering the implementation of the CRPD and the role of civil society. The prohibition of discrimination on grounds of disability has undergone substantial changes and developments since it was first introduced under international and EU law. This book highlights the main changes to disability discrimination which have occurred in the EU legal order in the last ten years. The book will be of interest to academics, law students and legal practitioners working in the field of EU non-discrimination and equality law.
Author: Arlene S. Kanter
Publisher: Routledge
ISBN: 1134444664
Category : Law
Languages : en
Pages : 360
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Book Description
The adoption of the Convention on the Rights of People with Disabilities (CPRD) by the United Nations in 2006 is the first comprehensive and binding treaty on the rights of people with disabilities. It establishes the right of people with disabilities to equality, dignity, autonomy, full participation, as well as the right to live in the community, and the right to supported decision-making and inclusive education. Prior to the CRPD, international law had provided only limited protections to people with disabilities. This book analyses the development of disability rights as an international human rights movement. Focusing on the United States and countries in Asia, Africa, the Middle East the book examines the status of people with disabilities under international law prior to the adoption of the CPRD, and follows the development of human rights protections through the convention’s drafting process. Arlene Kanter argues that by including both new applications and entirely new approaches to human rights treaty enforcement, the CRPD is significant not only to people with disabilities but also to the general development of international human rights, by offering new human rights protections for all people. Taking a comparative perspective, the book explores how the success of the CRPD in achieving protections depends on the extent to which individual countries enforce domestic laws and policies, and the changing public attitudes towards people with disabilities. This book will be of excellent use and interest to researchers and students of human rights law, discrimination, and disability studies.
