残疾人发展理论研究Pub Date : 2018-10-15DOI: 10.1093/law/9780198810667.003.0014
Flynn Eilionóir
{"title":"Art.13 Access to Justice","authors":"Flynn Eilionóir","doi":"10.1093/law/9780198810667.003.0014","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0014","url":null,"abstract":"This chapter examines Article 13 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which represents the first expression of a stand-alone right to access justice in international human rights law. It explores how the drafters drew on concepts like the right to an effective remedy and the right to a fair hearing in other UN human rights treaties, to develop a unique treaty provision on access to justice for persons with disabilities in the CRPD. It further considers how this right has been interpreted by the UN Committee on the Rights of Persons with Disabilities in its Concluding Observations to date. Further, the chapter explores the extent to which the article has been interpreted and applied in domestic and regional courts. Finally, it highlights individual complaints made under the Optional Protocol concerning the interpretation of Article 13 and any references to this provision by other treaty bodies and independent mechanisms within the UN system.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77958425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
残疾人发展理论研究Pub Date : 2018-10-15DOI: 10.1093/LAW/9780198810667.003.0025
A. Dimitris, G. Michael, M. KauffmanJames
{"title":"Art.24 Education","authors":"A. Dimitris, G. Michael, M. KauffmanJames","doi":"10.1093/LAW/9780198810667.003.0025","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0025","url":null,"abstract":"This chapter examines Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which recognizes the right of persons with disabilities (PWD) to education and lifelong learning, specifying obligations of states parties that are necessary for realizing this right. Consistent with the CRPD as a whole and with other human rights treaties, it seeks to eliminate discrimination against and equalize educational opportunities for PWD. Nevertheless, it is argued that several tensions and ambiguities embodied in Article 24 raise questions about its efficacy for ultimately achieving its important vision. Despite its categorization as an ‘economic, social, and cultural right’, Article 24 appears to operate in practice primarily as an anti-discrimination measure, which inhibits its potential for securing socio-economic justice for all PWD. In this regard, it diverges from the paradigm that has characterized other international statements on the right to education.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"60 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84554023","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
残疾人发展理论研究Pub Date : 2018-10-15DOI: 10.1093/law/9780198810667.003.0036
K. Arlene
{"title":"Art.35 Reports by States Parties","authors":"K. Arlene","doi":"10.1093/law/9780198810667.003.0036","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0036","url":null,"abstract":"This chapter examines Article 35 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out the requirements for reporting by states parties to the CRPD Committee. It begins with an overview of the background and travaux préparatoires of Article 35. Although the reporting requirements were discussed at several sessions of the Ad Hoc Committee, it was not until the sixth session, in August of 2005, when the Committee considered the substantive proposals related to Article 35. The following sections of the chapter discuss each paragraph of Article 35, including what constitutes a ‘comprehensive’ country report, as required under Article 35(4). The final section compares the language of Article 35 with the reporting requirements of other human rights treaties, followed by a conclusion.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82511580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
残疾人发展理论研究Pub Date : 2018-10-15DOI: 10.1093/law/9780198810667.003.0001
Lord Janet E
{"title":"Preamble","authors":"Lord Janet E","doi":"10.1093/law/9780198810667.003.0001","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0001","url":null,"abstract":"This chapter discusses the preamble to the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The preamble consists of twenty-five paragraphs, and is thus half the length of the operative provisions of the treaty. Of the core human rights conventions, it is by far the longest preamble among them. Preambles to human rights treaties, as with all treaty preambles, are introductory statements that set out the treaty’s purpose, underlying philosophy, drafters’ intent, and historical evolution. The preamble facilitates treaty interpretation; supports the interpretation of particular provisions which are less precise than they should be by its indication of the general idea behind them, and indicates the spirit in which they should be applied; and can contribute to the crystallization of an international rule.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80457751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
残疾人发展理论研究Pub Date : 2018-10-15DOI: 10.1093/law/9780198810667.003.0049
Bantekas Ilias
{"title":"Art.48 Denunciation","authors":"Bantekas Ilias","doi":"10.1093/law/9780198810667.003.0049","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0049","url":null,"abstract":"This chapter examines Article 48 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). A state may express its consent to no longer be bound by a treaty to which it is a party by way of denunciation, withdrawal, or suspension of the treaty in question. Article 48 CRPD does not expressly allow states to withdraw from or suspend the operation of the Convention. Although it only provides for denunciation through a written notification the effect of which commences a year after it is received by the depositary, Article 48 CRPD is silent as to whether a state may denounce the entire Convention or also parts of it. This matter is dealt with under the general provisions of the Vienna Convention on the Law of Treaties, which reflect customary international law.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89086083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
残疾人发展理论研究Pub Date : 2018-10-15DOI: 10.1093/LAW/9780198810667.003.0037
C. Hélène
{"title":"Art.36 Consideration of Reports","authors":"C. Hélène","doi":"10.1093/LAW/9780198810667.003.0037","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0037","url":null,"abstract":"This chapter examines Article 36 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out one of the CRPD’s international monitoring mechanisms, viz the consideration of state reports by the Committee on the Rights of Persons with Disabilities. Every human rights treaty contains certain ‘directives’ for the treaty monitoring body on how to respond to reports from member states. The notion of monitoring human rights implementation through the review of periodic reports had its origins in a 1956 resolution of the United Nations Economic and Social Council which requested states to submit, every three years, reports on progress achieved in advancing the rights set out in the Universal Declaration of Human Rights. By 1977, a reporting requirement had been included into each of the ‘core’ international human rights treaties. This has become a standard feature of all subsequent human rights treaties, including the CRPD.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"207 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77395993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
残疾人发展理论研究Pub Date : 2018-10-15DOI: 10.1093/LAW/9780198810667.003.0015
P. Michael, Szeli Eva
{"title":"Art.14 Liberty and Security of the Person","authors":"P. Michael, Szeli Eva","doi":"10.1093/LAW/9780198810667.003.0015","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0015","url":null,"abstract":"This chapter examines Article 14 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the fundamental right to liberty and security. It traces the legislative history of Article 14 and, in an analysis of its provisions and interpretations, seeks to understand its application in light of these complexities. The right to liberty of person and the right to security of person have been described as two aspects of the same right, physical liberty being the substantive aspect and security the means of protection or the procedural aspect. The ‘liberty and security’ clause of this article empowers the Committee on the Rights of Persons with Disabilities ‘to question governments on a broad range of potential violations, including civil commitment proceedings, compulsory medical treatment, and conditions inside medical and detention facilities’.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"99 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75943996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
残疾人发展理论研究Pub Date : 2018-10-15DOI: 10.1093/LAW/9780198810667.003.0028
Bantekas Ilias, Pennilas Facundo, T. Stefan
{"title":"Art.27 Work and Employment","authors":"Bantekas Ilias, Pennilas Facundo, T. Stefan","doi":"10.1093/LAW/9780198810667.003.0028","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0028","url":null,"abstract":"This chapter examines Article 27 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which is devoted to the right to work and employment. The right to work and employment in the disability context requires that disabled persons are not discriminated on the basis of their disability and that the workplace and conditions of work are such that allow disabled workers to offer their full potential. Accessibility and non-discrimination are therefore key elements in the implementation of Article 27.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"130 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85763287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
残疾人发展理论研究Pub Date : 2018-10-15DOI: 10.1093/law/9780198810667.003.0021
Kovudhikulrungsri Lalin, H. Aart
{"title":"Art.20 Personal Mobility","authors":"Kovudhikulrungsri Lalin, H. Aart","doi":"10.1093/law/9780198810667.003.0021","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0021","url":null,"abstract":"This chapter examines Article 20 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Personal mobility is a prerequisite for inclusion in a society. According to the European Court of Human Rights, to be mobile and to have access to transport, housing, cultural activities, and leisure is a precondition for the ‘right to establish and develop relations with other human beings’, ‘in professional or business contexts as in others’. The CRPD does not establish new rights for persons with disabilities. It is merely thought to identify specific actions that states and others must take to ensure the effectiveness and inclusiveness of all human rights and to protect against discrimination on the basis of disability. However, the fact that there is no equivalent of the right to personal mobility in any other human rights treaty makes it particularly interesting to examine the genesis and meaning of this provision.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81674554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
残疾人发展理论研究Pub Date : 2018-10-15DOI: 10.1093/law/9780198810667.003.0006
Corsi Jessica Lynn
{"title":"Art.5 Equality and Non-Discrimination","authors":"Corsi Jessica Lynn","doi":"10.1093/law/9780198810667.003.0006","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0006","url":null,"abstract":"This chapter examines Article 5 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out the concepts of equality and non-discrimination. It explores the myriad advances embodied in Article 5 and analyses the legal import of each paragraph. It also considers the potential challenges to implementing Article 5, including clashes between the CRPD Committee’s interpretation and that of states parties, and conflicts between equality rights, such as the right to abortion and arguments that non-discrimination under the CRPD requires bans on aborting disabled foetuses. What emerges is a picture of equality and non-discrimination born of ‘a three-dimensional view of the reality of life as a person with a disability’.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91148576","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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