残疾人发展理论研究Pub Date : 2018-10-15DOI: 10.1093/LAW/9780198810667.003.0029
C. Kevin
{"title":"Art.28 Adequate Standard of Living and Social Protection","authors":"C. Kevin","doi":"10.1093/LAW/9780198810667.003.0029","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0029","url":null,"abstract":"This chapter examines Article 28 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the rights that persons with disabilities have to an adequate standard of living and to social protection. The Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights both recognize the right to an adequate standard of living. Similarly, Article 23 of the UDHR recognizes ‘the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection’. Evidence indicates, however, that these rights have not been effectively implemented for persons with disabilities. Article 28 aims to combat this injustice.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"9 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91463602","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/9780198810667.003.0019
Mutenda Lawrence
{"title":"Art.18 Liberty of Movement and Nationality","authors":"Mutenda Lawrence","doi":"10.1093/LAW/9780198810667.003.0019","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0019","url":null,"abstract":"This chapter examines Article 18 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which establishes the rights of persons with disabilities to liberty of movement, residence, as well as to a nationality. These rights are cardinal to the full realization of the CRPD and play critical twin roles. Firstly, they establish actionable distinct rights while, secondly, they play indispensable facilitative functions for enabling persons with disabilities to have full and equal enjoyment of all human rights and fundamental freedoms. The chapter explains the principles and norms that informed the drafting of Article 18. It discusses the specific meanings of the various elements of the article. It also assesses how international and domestic jurisdictions have begun to interpret Article 18.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73539811","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/9780198810667.003.0008
Bantekas Ilias
{"title":"Art.7 Children with Disabilities","authors":"Bantekas Ilias","doi":"10.1093/law/9780198810667.003.0008","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0008","url":null,"abstract":"This chapter examines Article 7 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The first instrument to specifically address the rights of children with disabilities was the 1989 Convention on the Rights of the Child (CRC).The CRC recognizes four key guiding principles that permeate our understanding and construction of all pertinent rights related to children. These principles are: a) the best interests of the child (Article 3 CRC); b) respect for the views of the child (Article 12 CRC); c) the right to life, survival, and development (Article 6 CRC); and d) non-discrimination (Article 2 CRC). The CRC was also the first instrument specifically to address the rights of children with disabilities, particularly in Article 2(1) (non-discrimination) and Article 23 (general welfare for disabled children). However, Article 7 CRPD and other children-related rights in the CRPD (eg Article 23) constitute a significant improvement to Article 23 CRC.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84276250","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/9780198810667.003.0004
A. Sarah
{"title":"Art.3 General Principles","authors":"A. Sarah","doi":"10.1093/LAW/9780198810667.003.0004","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0004","url":null,"abstract":"This chapter examines Article 3 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out the general principles of the CRPD. Prior to the CRPD, general principles were inferred from core articles of a treaty or from preambles. In this sense, the introduction of a stand-alone article on general principles departs from the architecture of previous international human rights treaties. The chapter is divided into two parts. First, it provides an overview of the drafting process of Article 3. Second, it discusses each of the eight principles set out in Article 3, which may be identified as falling within one of the two prevalent themes of the Convention, namely equality and non-discrimination, and participation and inclusion—the latter theme constituting a common feature of an experimental governance regime.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75504181","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/9780198810667.003.0010
Lawson Anna
{"title":"Art.9 Accessibility","authors":"Lawson Anna","doi":"10.1093/LAW/9780198810667.003.0010","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0010","url":null,"abstract":"This chapter examines Article 9 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which articulates rights to accessibility. The chapter is divided into three main sections in addition to the introduction. The first of these focuses on the Ad Hoc Committee debates that shaped Article 9. This will be organized thematically under four distinct headings so as to facilitate analysis of key recurring issues. The second and third sections deal with the current text of Article 9 (paragraphs 9(1) and 9(2) respectively), its implications, and the way in which it has been understood and applied, particularly by the CRPD Committee. Cross-cutting themes will be highlighted throughout as will any relevant domestic case law.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85072293","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/9780198810667.003.0044
Bantekas Ilias
{"title":"Art.43 Consent to Be Bound","authors":"Bantekas Ilias","doi":"10.1093/law/9780198810667.003.0044","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0044","url":null,"abstract":"This chapter examines Article 43 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The formal act by which a state consents to be bound by a treaty is expressed through ratification. The various legal terms used to denote such consent (ie acceptance, approval, or accession) produce the same functional and legal effect in the international sphere. Their differences lie chiefly in the states’ internal/constitutional sphere. Article 43 CRPD departs from equivalent provisions in other treaties under the UN aegis, as well as other multilateral treaties, at least in phrasing. Other multilateral treaties specifically distinguish between the two classical types of consent: a) that which is open to signatory states, namely ratification, acceptance and approval and; b) that which is open to non-signatories, namely accession. Article 43 does not make this distinction explicit. Its wording seems to suggest that acceptance and approval are excluded from its ambit, but given that both of these produce exactly the same legal effects as ratification, the distinction is practically meaningless.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91090851","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/9780198810667.003.0013
Nilsson Lucy Series and Anna
{"title":"Art.12 CRPD Equal Recognition before the Law","authors":"Nilsson Lucy Series and Anna","doi":"10.1093/law/9780198810667.003.0013","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0013","url":null,"abstract":"This chapter examines Article 12 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Article 12 of the CRPD is concerned with how legal systems enable and disable people as legal actors. In the view of the UN Committee on the Rights of Persons with Disabilities and many of those involved in negotiating Article 12, it introduces a new paradigm of ‘universal legal capacity’ that cannot be limited on grounds of disability or mental incapacity. The Committee maintains that this requires the abolition of all forms of substitute decision-making. This interpretation of Article 12 is contested in the literature, but for many involved in the disability movement, ending guardianship and other forms of substitute decision-making is central to wider advocacy goals of ending institutionalization, forced treatment, and loss of fundamental citizenship rights such as the ability to vote, marry, and own property.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"14 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91509839","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/9780198810667.003.0048
Magliveras Konstantinos
{"title":"Art.47 Amendments","authors":"Magliveras Konstantinos","doi":"10.1093/LAW/9780198810667.003.0048","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0048","url":null,"abstract":"This chapter examines Article 47 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with amendments. The rationale for the need to have an amendment clause in multilateral conventions is that each treaty has a life of its own and it is highly probable that at some future point circumstances or conditions may change necessitating one or more amendments. Treaties do not have to stipulate expressly their amendment because it is generally accepted that contracting parties have the unfettered right to change their provisions, provided that they observe the general rules envisaged in the Vienna Convention on the Law of Treaties. However, by inserting an amendment clause, contracting parties are offered the opportunity to stipulate detailed and often very detailed provisions, and this is the case with the CRPD.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"43 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81170333","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/9780198810667.003.0009
Bariffi Francisco
{"title":"Art.8 Awareness-Raising","authors":"Bariffi Francisco","doi":"10.1093/law/9780198810667.003.0009","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0009","url":null,"abstract":"This chapter examines Article 8 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Unlike most other provisions in the CRPD, there is no mainstreamed equality approach in Article 8. While most CRPD provisions set forth a general duty upon states parties to ensure that persons with disabilities enjoy their human rights on equality of basis with others, Article 8 seems to include a series of obligations which are not necessarily associated with the equality standard. Thus, at first glance, the article might appear as a rather ‘decorative’ provision among many other relevant rights recognition statements. However, a closer look at the rationale and legal implication lets us understand the importance of this provision in building the groundwork for the paradigm shift. Without social awareness among the list of purposes underlying the CRPD, most of its provisions might end up wholly moot.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82461892","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/9780198810667.003.0002
K. Emily, Ikehara Yoshikazu
{"title":"Art.1 Purpose","authors":"K. Emily, Ikehara Yoshikazu","doi":"10.1093/LAW/9780198810667.003.0002","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0002","url":null,"abstract":"This chapter examines Article 1 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article sets out the purpose of the CRPD and describes its target group. It enshrines a ‘paradigm shift’ in approach to the concept of ‘disability’ in international human rights law: a shift from an approach underpinned by a ‘medical model of disability’ that views persons with disabilities as ‘objects’ of medical treatment and in need of charity; to a ‘social model of disability’, which views persons with disabilities as ‘subjects’ with rights and focuses on the barriers persons with disabilities face that may hinder their societal participation.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"77 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76314302","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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