Download or read book The United Nations Convention on the Rights of Persons with Disabilities written by Valentina Della Fina and published by Springer. This book was released on 2017-01-20 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The UN Convention on the Rights of Persons with Disabilities written by Oddný Mjöll Arnardóttir and published by BRILL. This book was released on 2009-05-06 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Convention on the Rights of Persons with Disabilities is the first human rights treaty adopted by the United Nations in the 21st century. It seeks to secure the equal and effective enjoyment of human rights for the estimated 650 million persons with disabilities in the world. It does so by tailoring gerneral human rights norms to their circumstances. It reflects and advances the shift away from welfare to rights in the context of disability. The Convention itself represents a mix between non-discrimination and other substantive human rights and gives practical effect to the idea that all human rights are indivisible and interdependent. This collection of essays examines these developments 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.
Download or read book The UN Convention on the Rights of Persons with Disabilities and the European Union written by Carmine Conte and published by . This book was released on with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--
Download or read book The UN Convention on the Rights of Persons with Disabilities and the European Union written by Carmine Conte and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The UN Convention on the Rights of Persons with Disabilities written by Ilias Bantekas and published by Oxford University Press. This book was released on 2018-10-25 with total page 1377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The UN Convention on the Rights of Persons with Disabilities in Practice written by Lisa Waddington and published by Oxford University Press. This book was released on 2018-05-24 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Implementation of the International Un Convention on the Rights of Persons with Disabilities in the European Union and in the Member States of the European Union with a Special Focus on Accessibility Education and Employement written by and published by . This book was released on 2017 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EUD guide to the UN convention on the rights of persons with disabilities written by and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The right of people with disabilities to live independently and be included in the community written by Council of Europe and published by Council of Europe. This book was released on 2012-06-01 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognising the right to live in the community is about enabling people to live their lives to their fullest within society and access the public sphere. A precondition for anyone to enjoy all their human rights, this right is taken for granted by the majority of the population, but is often denied to persons with disabilities, who are instead placed in segregated institutions or in settings which isolate them from the rest of the community. This Issue Paper describes the challenges faced by Council of Europe member states in complying with this right. It traces the right of people with disabilities to live independently and be included in the community to its origins in the most fundamental human rights standards both within the Council of Europe and United Nations systems. The paper draws on Article 19 of the UN Convention on the Rights of Persons with Disabilities to identify the various forms that violations of this right can take, and provides guidance for community-based responses governed by choice, in order to achieve inclusion and participation. The paper shows the link between the right to live in the community and other rights, notably the rightto equal recognition before the law (legal capacity). The Issue Paper ends with a sample of indicators and guidance questions to assess the transition from violationto implementation of the right to live in the community. The Commissioner’s recommendations on the right to live independently and be included in the community are published at the beginning of the document.
Download or read book Protecting the Rights of People with Autism in the Fields of Education and Employment written by Valentina Della Fina and published by Springer. This book was released on 2015-03-09 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamental rights for all people with disabilities, education and employment are key for the inclusion of people with autism. They play as facilitators for the social inclusion of persons with autism and as multipliers for their enjoyment of other fundamental rights. After outlining the international and European dimensions of the legal protection of the rights to education and employment of people with autism, the book provides an in-depth analysis of domestic legislative, judicial and administrative practice of the EU Member States in these fields. Each chapter identifies the good practices on inclusive education and employment of people with autism consistent with principles and obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (Articles 24 and 27). The book contains the scientific results of the European Project “Promoting equal rights of people with autism in the field of employment and education” aimed at supporting the implementation of the UN Convention in the fields of inclusive education and employment.
Download or read book International and European Disability Law and Policy written by Andrea Broderick and published by Cambridge University Press. This book was released on 2019-10-31 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first textbook on international and European disability law and policy, analysing the interaction between different legal systems and sources.
Download or read book Human rights a reality for all written by Council of Europe and published by Council of Europe. This book was released on 2017-03-27 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promoting the rights of persons with disabilities: Equality, dignity and equal opportunities. The Council of Europe promotes, protects and monitors the implementation of human rights for all, including persons with disabilities. Persons with disabilities are entitled to have access to and enjoy, on an equal basis with others, the full range of human rights safeguarded by the European Convention on Human Rights, the European Social Charter, the United Nations Convention on the Rights of Persons with Disabilities and other international treaties. The Council of Europe Strategy on the Rights of Persons with Disabilities – Human Rights: A Reality for All – outlines the Organisation’s priorities in the period 2017-2023. The overall goal of the Strategy is to achieve equality, dignity and equal opportunities for persons with disabilities in specific areas where the Council of Europe can make an input. This requires ensuring independence, freedom of choice, full and active participation in all areas of life and society.
Download or read book The Un Convention on the Rights of Persons with Disabilities written by and published by The Stationery Office. This book was released on 2009 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Convention on the Rights of Persons with Disabilities builds on existing human rights treaties including the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights. The UN Handbook for Parliamentarians on the Convention stresses that it is not intended to create new rights, but "clarifies the obligations and legal duties of States to respect and ensure the equal enjoyment of all human rights by all persons with disabilities". Its purpose is to: "Promote, protect and ensure the full enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity." The UK was among the first countries to sign the Convention on 30 March 2007. The findings of our recent inquiry on the rights of adults with learning disabilities showed that although UK law and policy on the treatment of adults with learning disabilities takes a human rights based approach, the day to day experiences of people with learning disabilities are not so positive. Ratification will send a strong signal to all people with disabilities in the UK, and abroad, that the Government takes equality and the protection of their human rights seriously. The Government first publicly stated that reservations to the Convention were being considered in its response to our Report on the treatment of adults with learning disabilities, in May 2008, more than a year after it signed the Convention. Despite the Committee's call for a full explanation of the government's views on the compatibility of domestic law with the Convention, the were then provided with little detail on the reservations being considered or the Government's approach to the process. The Committee considers that progress towards ratification of the Convention by the UK has so far lacked transparency and has unfortunately alienated disabled people and their organisations. This is unacceptable in the light of the clear Convention commitment which the Government intends to make to the involvement of disabled people in the development of policies and laws which affect them. This approach undermines the previous role that the UK Government has played in championing equality for disabled people and their leading role in negotiating the terms of the UNCRPD.
Download or read book Disability Rights written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of the estimated 100 million persons with disabilities in the EU suffer regular discrimination through physical barriers, prejudice and stigmatisation. Practical and social hurdles affect all aspects of their lives, including at work, school and the polling station. Persons with disabilities have equal rights and are entitled to dignity, equal treatment, independent living and full participation in society. These rights are enshrined in the UN Convention on the Rights of Persons with Disabilities (CRPD), which the EU ratified in 2010. The CRPD was revolutionary in moving the world from treating those with disabilities as recipients of charity, medical treatment and social protection to putting the onus on society to remove the barriers that prevent them from contributing to their communities. The European Economic and Social Committee (EESC) actively monitors and contributes to the implementation of the CRPD through its Thematic Study Group on Disability Rights.
Download or read book Disabled Justice written by Eilionóir Flynn and published by Routledge. This book was released on 2016-03-09 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.
Download or read book The Obligations of the EU Public Administration Under the UN Convention on the Rights of Persons with Disabilities written by and published by . This book was released on 2016 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: As parties to the UN Convention on the Rights of Persons with Disabilities (CRPD), both the European Union and its Member States are obliged to implement and safeguard the set of fundamental rights enshrined in the Convention. Full compliance with the Convention is required also by the state parties' public administrations, including the EU public administration, made up of its institutions, bodies and agencies. The UN CRPD Committee's 'Concluding Observations' of September 2015, which marked the end of the first round of the review process, include a number of recommendations addressed to the EU public administration, touching upon employment, reasonable accommodation, accessibility, access to justice, the European Schools and the Community health insurance scheme. The CRPD Committee calls on the EU institutions to become a role model, both with regard to employment of persons with disabilities, and in its interaction with the public. This paper analyses the legal framework and policies the EU institutions have in place with regard to disability rights, and which have been to some extent prompted, or at least influenced, by the CRPD. It also assesses the progress made in the institutions' compliance with the CRPD, notably in the areas addressed in the UN 'Concluding Observations'.
Download or read book Research Handbook on EU Disability Law written by Delia Ferri and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook comes at an opportune time, and provides a comprehensive and wide-ranging exploration of relevant developments concerning disability rights at EU level. It also looks beyond the EU, focusing on how disability has been relevant in EU external relations. In addition, the Research Handbook considers the interface between EU disability law and Council of Europe law.
