残疾人发展理论研究Pub Date : 2018-10-15DOI: 10.1093/law/9780198810667.003.0033
Lord Janet E, Stein Michael Ashley
{"title":"Art.32 International Cooperation","authors":"Lord Janet E, Stein Michael Ashley","doi":"10.1093/law/9780198810667.003.0033","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0033","url":null,"abstract":"This chapter examines Article 32 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the issue of international cooperation. The provision on international cooperation in the CRPD sprang from framework conventions in the international criminal and environmental law spheres, where such provisions are ubiquitous, rather than from prior human rights treaty practice. Article 32 was thus a highly contentious text to negotiate due to the far more limited meaning ascribed to the term ‘international cooperation’ in other international human rights instruments. Article 32 sits holistically within the CRPD framework, and is thus informed by its principles and general obligations, and should be read in conjunction with the specific, substantive rights of the remainder of the treaty. Rights and duties in the CRPD hang together; discerning the meaning of disability inclusive development cannot be achieved by examining any one provision in isolation.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82170691","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/9780198810667.003.0040
Treuthart Mary Pat
{"title":"Art.39 Report of the Committee","authors":"Treuthart Mary Pat","doi":"10.1093/law/9780198810667.003.0040","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0040","url":null,"abstract":"This chapter examines Article 39 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Article 39 concerns two aspects of the monitoring and oversight function performed by treaty bodies: reporting and the issuance of general recommendations or comments. The CRPD reporting requirement to the UN General Assembly (UNGA) and the Economic and Social Council is more than just a pro forma procedural matter. The record of events contained in the Committee’s biennial reports provides a vital connection between the States parties, the Committee, and the UNGA. The General Comments, with their elucidation of specific treaty provisions, serve to guide the practice of states parties with respect to the panoply of rights related issues that have an impact on persons with disabilities. More important, these General Comments signal areas that deserve greater attention overall and represent a robust interpretation of the CRPD to protect the human rights of individuals with disabilities.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"89 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":"84076987","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/9780198810667.003.0017
Keeling Amanda
{"title":"Art.16 Freedom from Exploitation, Violence, and Abuse","authors":"Keeling Amanda","doi":"10.1093/law/9780198810667.003.0017","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0017","url":null,"abstract":"This chapter examines Article 16 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). That disabled people experience higher rates of exploitation, violence, and abuse is an undisputed fact. Indeed, it is a significant problem globally which requires immediate redress and, on this basis, the framing of the issue as a specific human right with detailed attendant obligations is important. Article 16 calls for an awareness that measures put in place to care for or protect disabled people can be a significant cause of the harm that they experience, and that segregation and isolation from the community allow for abuses of power by those who are supposed to be caring for disabled people. Article 16 also extends state obligations beyond the narrow purview of institutions and into a wider variety of arenas, including family relationships and private homes.","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":"78051496","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/9780198810667.003.0038
Gledhill Kris
{"title":"Art.37 Cooperation between States Parties and the Committee","authors":"Gledhill Kris","doi":"10.1093/LAW/9780198810667.003.0038","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0038","url":null,"abstract":"The United Nations Convention on the Rights of Persons with Disabilities (CRPD) Committee oversees the implementation of the CRPD by its states parties through an assessment of periodic reports and by hearing disputes submitted under the CRPD’s Optional Protocol. Article 37 CRPD contains two distinct obligations: that owed by the signatory states of cooperation with the Committee (article 37(1)), and that of the Committee to bear in mind the need to augment domestic capacities to give effect to the CRPD (article 37(2)). An understanding of the import of this turns on the ‘ordinary meaning’ of the words used ‘in their context’ and bearing in mind their ‘object and purpose’. Accordingly, this chapter examines various relevant features and looks at the practice of the Committee to date in order to suggest the meaning of these obligations.","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":"85507391","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/9780198810667.003.0050
Varney Eliza
{"title":"Art.49 Accessible Format","authors":"Varney Eliza","doi":"10.1093/law/9780198810667.003.0050","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0050","url":null,"abstract":"This chapter examines Article 49 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The importance of Article 49 CRPD is threefold. Firstly, it facilitates the dissemination of the CRPD by requiring that the Convention be made available in accessible formats. Secondly, this provision has the potential to set a benchmark for the accessibility of the CRPD text, but also of CRPD-related materials, such as CRPD educational materials. Thirdly, the impact of this article has the potential to go beyond the CRPD and in the development of an accessibility standard for all treaties. The chapter explores these issues in more depth. It also discusses the connection between Article 49 CRPD and other provisions of the Convention, including Article 8 (awareness-raising), Article 9 (accessibility), Article 21 (freedom of expression and opinion and access to information), Article 24 (education), Article 29 (participation in political and public life), and Article 33 (national implementation and monitoring).","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79010946","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}
{"title":"Art.30 Participation in Cultural Life, Recreation, Leisure, and Sport","authors":"Bantekas Ilias, Chow Pok Yin Stephenson, Karapapa Stavroula, Polymenopoulou Eleni","doi":"10.1093/law/9780198810667.003.0031","DOIUrl":"https://doi.org/10.1093/law/9780198810667.003.0031","url":null,"abstract":"This chapter examines Article 30 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article covers many, sometimes disparate, issues, although the underlying entitlements are accessibility and availability. One of the cornerstones of Article 30 is access to culture, one of the least studied human rights and its content remains contested. Culture is subject to several limitations, such as censorship, freedom of expression constraints, sensitivities towards religions, and hate speech. Do these limitations apply to the right of access to culture of disabled persons in the same way as they do to their non-disabled counterparts? Paragraph 3 is perhaps the most contentious of all. It suggests that existing intellectual property laws should be construed in such a way as to avoid imposing any unreasonable or discriminatory barriers against persons with disabilities to the enjoyment of their right of access to cultural materials.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87852853","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/9780198810667.003.0012
M. Stephanie
{"title":"Art.11 Situations of Risk and Humanitarian Emergencies","authors":"M. Stephanie","doi":"10.1093/LAW/9780198810667.003.0012","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0012","url":null,"abstract":"This chapter examines Article 11 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Article 11 CRPD is a unique human right, which for the first time creates obligations in situations of risk, including humanitarian emergencies and natural disasters, and permits of no derogation in times of emergency. Since the adoption of Article 11, important policy developments have taken place regarding persons with disabilities in situations of conflict or disaster. For instance, persons with disabilities have been expressly referred to in the Sendai Framework for Disaster Risk Reduction 2015–30, the Charter on Inclusion of Persons with Disabilities in Humanitarian Action, the Sphere Handbook, and the Code of Conduct for the International Red Cross and Red Crescent Movement and NGOs in Disaster Relief.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"71 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80002996","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/9780198810667.003.0030
Plessis Ilze Grobelaar Du, Njau Jehoshaphat
{"title":"Art.29 Participation in Political and Public Life","authors":"Plessis Ilze Grobelaar Du, Njau Jehoshaphat","doi":"10.1093/LAW/9780198810667.003.0030","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0030","url":null,"abstract":"This chapter examines Article 29 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Like all rights provided for under international human rights law, political and public life participation is to be recognized, enjoyed, and exercised without exclusions and/or restrictions. The Working Group to the Ad Hoc Committee of the draft Convention was given a mandate to draft Article 29 CRPD in line with the universal human rights treaties, to provide a protection mechanism that would ensure that persons with disabilities are entitled to the same entitlement to participate in political and public life in the same manner as other persons without disabilities.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82166209","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/9780198810667.003.0052
Stavrinaki Tina
{"title":"Optional Protocol to the Convention on the Rights of Persons with Disabilities","authors":"Stavrinaki Tina","doi":"10.1093/LAW/9780198810667.003.0052","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0052","url":null,"abstract":"This chapter examines the Optional Protocol to the Convention on the Rights of Persons with Disabilities (CRPD). The Optional Protocol was adopted along with the CRPD on 13 December 2006 by the United Nations General Assembly, and entered into force on 3 May 2008. The Optional Protocol establishes the competence of the Committee on the Rights of the Persons with Disabilities to examine individual complaints with regard to alleged violations of the Convention by states parties to the Optional Protocol, and to undertake inquiries in case of reliable evidence of grave and systematic violations of the Convention. To date, among 175 parties to the Convention, ninety-two states have ratified the Optional Protocol.","PeriodicalId":57507,"journal":{"name":"残疾人发展理论研究","volume":"156 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74772965","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/9780198810667.003.0026
Weller Penelope
{"title":"Art.25 Health","authors":"Weller Penelope","doi":"10.1093/LAW/9780198810667.003.0026","DOIUrl":"https://doi.org/10.1093/LAW/9780198810667.003.0026","url":null,"abstract":"This chapter examines Article 25 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which requires states to provide persons with disabilities access to health services. It includes an analysis of the interaction between Articles 25 and 12 CRPD. Article 12 is engaged by the obligation in Article 25(d) CRPD to provide medical services on the basis of free and informed consent. The principle of free and informed consent has featured in the jurisprudence of the CRPD Committee with respect to psychiatric treatment under Article 14 (liberty and security of person), Article 15 (freedom from torture or cruel, inhuman, or degrading treatment or punishment) and Article 17 (physical and mental integrity). The conceptualization of informed consent in the disability context is important because voluntariness is a critical component of human interactions that might otherwise be regarded as a violation of human rights.","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":"76110013","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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