残疾人发展理论研究Pub Date : 2018-10-15DOI: 10.1093/LAW/9780198810667.003.0024
Fiala-Butora János
{"title":"Art.23 Respect for Home and the Family","authors":"Fiala-Butora János","doi":"10.1093/LAW/9780198810667.003.0024","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0024","url":null,"abstract":"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.","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":"78474354","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/9780198810667.003.0018
Seatzu Francesco
{"title":"Art.17 Protecting the Integrity of the Person","authors":"Seatzu Francesco","doi":"10.1093/LAW/9780198810667.003.0018","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0018","url":null,"abstract":"This chapter examines Article 17 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The notion of personal integrity has attracted notable attention in international human rights law debates in recent times. It has been viewed as strategic for the realization of fundamental freedoms and rights of marginalized segments of the society, including disabled persons. The chapter considers how an ad hoc right to personal integrity has arisen from the negotiations of the CRPD, and the scope of application of the right, based on the practice of the CRPD Committee and scholarly works in the field. It examines the inter-relationship between Article 17 and other CRPD provisions to understand how the interpretation and application of this right might change in the future based on the case-law of the CRPD Committee and on academic works in this field.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90557865","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/9780198810667.003.0034
A. Valentin
{"title":"Art.33 National Implementation and Monitoring","authors":"A. Valentin","doi":"10.1093/law/9780198810667.003.0034","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0034","url":null,"abstract":"This chapter examines Article 33 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The overarching objective of Article 33 is to provide the CRPD with a means of review, further develop existing structures relating to the implementation of the CRPD by states parties, and further establish a framework structure for monitoring national implementation. These provisions spell out the existing obligations of a state party under the CRPD by introducing the essential elements of such frameworks (minimum standard). Article 33 sets forth stand-alone, positive obligations that relate to institutional and procedural prerequisites intended to ensure effective implementation and arrangements aimed at making it possible to address any deficits in implementation that may arise.","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":"85828624","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/9780198810667.003.0022
Varney Eliza
{"title":"Art.21 Freedom of Expression and Opinion, and Access to Information","authors":"Varney Eliza","doi":"10.1093/law/9780198810667.003.0022","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0022","url":null,"abstract":"This chapter examines the effectiveness of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in promoting and protecting the equal right of persons with disabilities to freedom of expression and opinion and access to information, focusing on 21. The discussion draws links between this provision and Article 19 of the International Covenant on Civil and Political Rights, and stresses the importance of the CRPD in applying the right to freedom of expression and opinion and access to information to the specific circumstances of persons with disabilities. Links are drawn also between Article 21 and other provisions of the CRPD, particularly Article 9 on accessibility. The chapter concludes with a reflection on the opportunities and challenges associated with the implementation of Article 21 by states parties to the Convention.","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":"82366941","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/9780198810667.003.0016
Fennell Phil
{"title":"Art.15 Protection against Torture and Cruel or Inhuman or Degrading Treatment or Punishment","authors":"Fennell Phil","doi":"10.1093/law/9780198810667.003.0016","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0016","url":null,"abstract":"This chapter examines Article 15 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which prohibits torture and cruel, inhuman, or degrading treatment or punishment (CIDTP), irrespective of the circumstances and the victim’s behaviour. Article 15 rights overlap with rights under other CRPD articles, including the right to legal capacity on an equal basis with others under Article 12; the right to liberty and security under Article 14; the right to protection against violence, exploitation and abuse under Article 16; the right to physical and mental integrity under Article 17 and; the right to health care on an equal basis with others and based on informed consent under Article 25.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"62 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78930697","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/9780198810667.003.0003
N. Anna
{"title":"Art.2 Definitions","authors":"N. Anna","doi":"10.1093/LAW/9780198810667.003.0003","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0003","url":null,"abstract":"This chapter examines Article 2 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article explains the meaning of key terms of the Convention. The reasons for incorporating a specific article on definitions was primarily to clarify the scope of the state obligations laid down in the CRPD and thereby to contribute to the effective implementation of the treaty. Under international human rights law, the term ‘discrimination’ has acquired a specific meaning which may differ from how it is interpreted in domestic law. ‘Universal design’, on the contrary, is a fairly new expression in human rights law and thus in need of clarification. In addition, the drafters of the treaty sought to make visible the disability-specific aspects of the terms listed in article 2 so that they are not excluded or forgotten.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75004458","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/9780198810667.003.0046
Bantekas Ilias
{"title":"Art.45 Entry Into Force","authors":"Bantekas Ilias","doi":"10.1093/LAW/9780198810667.003.0046","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0046","url":null,"abstract":"This chapter examines Article 45 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the entry into force of the Convention. The practice of the UN in respect of multilateral treaties suggests an antipathy towards their entry into force without a substantial quorum of ratifications. Article 45(1) CRPD does not depart from the UN model whereby a treaty enters into force in relation to existing (ratifying) parties and not independently of them. In accordance with customary law as reflected in Article 24(4) of the Vienna Convention on the Law of Treaties, Article 45 CRPD applies not from the moment the treaty enters into force, but rather from the ‘moment of the adoption of the text’. The adoption of the text of a treaty does not necessarily coincide with the signing of the treaty. The text of the CRPD was adopted on 13 December 2006 but was opened for signature on 30 March 2007.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76606853","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/9780198810667.003.0020
Fiala-Butora János, Rimmerman Arie, Gur Ayelet
{"title":"Art.19 Living Independently and Being Included in the Community","authors":"Fiala-Butora János, Rimmerman Arie, Gur Ayelet","doi":"10.1093/law/9780198810667.003.0020","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0020","url":null,"abstract":"This chapter examines Article 19 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). ‘Living independently and being included in the community’, is one of the most important rights in the CRPD, since choice, freedom, and inclusion are considered as prerequisites for exercising all other rights. To facilitate such autonomy and participation, it requires ratifying states to ensure that people with disabilities have the opportunity to choose where and with whom they live; and that they have access to the range of services necessary to support community living and to prevent isolation or segregation. Living independently does not mean living alone; rather, it means exercising freedom of choice and control over decisions affecting one’s life with the same level of independence and interdependence within society on an equal basis with other.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83603795","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/9780198810667.003.0027
Bickenbach Jerome, Skempes Dimitrios
{"title":"Art.26 Habilitation and Rehabilitation","authors":"Bickenbach Jerome, Skempes Dimitrios","doi":"10.1093/LAW/9780198810667.003.0027","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0027","url":null,"abstract":"This chapter examines Article 26 of the United Nations Convention on the Rights of Persons with Disabilities, which reaffirms the relevance of rehabilitation as a means for the full enjoyment of the right to the highest attainable standard of physical and mental health, the right to employment, the right to education, and the right to independent living of persons with disability. The focus of the article is on access to rehabilitation services and programmes. Article 26 addresses both rehabilitation and habilitation to mark the distinction between services and supports that return an individual to a situation of independence, ability, inclusion, and participation—such as would be experienced prior to an injury or the onset of a health condition—as well as services and supports that bring the individual to maximal independence—in the case of children born with congenital impairments.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86065699","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/9780198810667.003.0023
Molly Land, Anthony Giannoumis, Agnieszka Kitkowska, Maria Mikhaylova
{"title":"Art.22 Respect for Privacy","authors":"Molly Land, Anthony Giannoumis, Agnieszka Kitkowska, Maria Mikhaylova","doi":"10.1093/law/9780198810667.003.0023","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0023","url":null,"abstract":"This chapter examines the legal and normative obligations of states under Article 22 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) to protect individuals with disabilities against unlawful and arbitrary interference with their privacy, both in general and in particular with respect to their personal, health, and rehabilitation information. For persons with disabilities, the right to privacy plays a particularly important role in helping to guarantee rights such as the rights to equality, to freedom from discrimination, to employment, and to education, among others. This is because the right to privacy provides individuals with the right to control information about themselves, including information related to their disability status. The ability to control and limit discovery and disclosure of one’s disability status is essential in helping to protect the individual from discrimination and stigma.","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":"80745554","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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