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International Disability Law: A Practical Approach to the United Nations Convention on the Rights of Persons with Disabilities

International Disability Law: A Practical Approach to the United Nations Convention on the Rights of Persons with Disabilities

Author: Coomara Pyaneandee
Publisher: Routledge
ISBN: 9781138593473
Published In: June 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases.

The author elaborates on the obligations of States Parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted.

The author also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decisionmakers, academics, legal practitioners, law students, persons with disabilities and their representative organisations, human rights activists and general readers.

TABLE OF CONTENTS

TABLE OF CASES

FOREWORD

PREFACE

ACKNOWLEDGEMENTS

LIST OF ABBREVIATIONS

INTRODUCTION

PART I　

CHAPTER 1 The CRPD Committee, Rules of Procedure and the Optional Protocol to the Convention

The Establishment of the CRPD Committee

General Comments

The Salient Features of the Convention

The Optional Protocol to the Convention

Admissibility of Complaints under the Optional Protocol

Examples of Inadmissibility

Interim Measures

Inadmissibility of Anonymous Complaints

Grave or Systematic Violations

CHAPTER 2 Fundamental Principles, and Equality and Non-Discrimination (Articles 1 – 5)

Introduction

The Preamble and Article 1 CRPD

Article 2 Definitions

Article 3 General Principles

Article 4 General Obligations

Article 5 Equality and Non-Discrimination

Equality Before the Law

Equality Under the Law

Equal Protection and Equal Benefit of the Law

Discrimination

Reasonable Accommodation

Conclusion

Summary of Concluding Observations and Recommendations

CHAPTER 3 Women and Girls with Disabilities (Article 6)

Introduction

The Protection of the Rights of Women under International Law

The Scope of Article 6 CRPD

Multiple and/or Intersectional Discrimination

Freedom from Exploitation, Violence and Abuse

Violence and Armed Conflict

Forced Sterilisation

Discrimination at the Crossroads

Conclusion

Summary of Concluding Observations and Recommendations

PART II CIVIL AND POLITICAL RIGHTS

CHAPTER 4 Equal Recognition Before the Law (Article 12) and Access to Justice (Article 13)

Introduction

Miscarriage of Justice

The Scope of the Right to Legal Capacity

The Meaning of Support under Article 12 (3)

Article 12 (4)

Effective Access to the Justice System

Reasonable Accommodation and Procedural Accommodation

Summary of Concluding Observations and Recommendations

Article 12

Article 13

CHAPTER 5 Liberty and Security of the Person (Article 14) and Freedom from Torture (Article 15)

Introduction

Liberty, Detention and Imprisonment

Freedom from Torture or Cruel, Inhuman or Degrading Treatment or Punishment

Torture by Omission

Medical or Scientific Experimentation

Liberty, Detention and Accessibility

Liberty and Institutionalisation

Liberty, Security and Integrity

Liberty, Health and Rehabilitation

Conclusion

Summary of Concluding Observations and Recommendations

CHAPTER 6 Right to Life (Article 10)

Introduction

The Arbitrary Deprivation of Life

The Right to Life and Freedom from Torture

Right to Life and the Death Penalty

Right to Life of the Unborn and Abortion

Right to Life and Euthanasia

Right to Life and Enforced Disappearance

Conclusion

Summary of Concluding Observations and Recommendations

CHAPTER 7 Freedom of Expression (Article 21) and Participation in Political and Public Life (Article 29)

Introduction

Freedom of Opinion and Expression

Freedom of Expression and Official Interactions

Participation in Political Life (The Rights to Vote and to be Elected)

Right to Participate in Public Life

Freedom of Association

Freedom of Assembly

Conclusion

Summary of Concluding Observations and Recommendations

PART III ECONOMIC, SOCIAL AND CULTURAL RIGHTS

CHAPTER 8 Accessibility (Article 9)

Introduction

States Parties’ Obligation in Relation to Article 9

Reasonable Accommodation and Accessibility

Real-Time Information and Access to Transport

Universal Design

Conclusion

Summary of Concluding Observations and Recommendations

Housing as a Key Element to Inclusive Cities

Transportation and Public Services

ICTs for Building Inclusive, Resilient Smart Cities

CRPD Committee, General Comment No.

2 on Article 9 (Accessibility)

CHAPTER 9 Right to Education (Article 24)

Introduction

The Origin of the Right to Education

Barriers to Inclusive Education

The Obligations of States Parties under Article 24 CRPD

The Obligation to Progressively Realise Article 24 CRPD

Defining Exclusion, Segregation and Integration

Segregation and Integration

The Meaning of Inclusive Education

Implementing Article 24

Reasonable Accommodation

Access to Justice

Conclusion

Summary of Concluding Observations and Recommendations

CHAPTER 10 Right to Work and Employment (Article 27)

Introduction

The Origin of the Right to Work of Persons with Disabilities

The Scope of Article 27 CRPD

Disability-Based Discrimination under Article 27 CRPD

Reasonable Accommodation and Discrimination

Quotas

Conclusion

Summary of Concluding Observations and Recommendations

Employment of Persons with Disabilities: A Marketing Framework

Chapter 11 Right to Independent Living and Being Included in the Community (Article 19)

Introduction

The Nature of States Parties Obligations under Article 19

Institutionalisation

Legal Capacity

Access to Adequate Housing

Conclusion

Summary of Concluding Observations and Recommendations

Access to Adequate Housing

CONCLUSION Monitoring and Implementation: The Way Forward

Introduction

National Implementation and Monitoring: The Way Forward

The Scope of Article 33 CRPD

Concluding Remarks

Index

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