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Federalism and the Rights of Persons with Disabilities: The Implementation of the CRPD in Federal Systems and Its Implications

Federalism and the Rights of Persons with Disabilities: The Implementation of the CRPD in Federal Systems and Its Implications

Author: Delia Ferri; Francesco Palermo; Giuseppe Martinico
Publisher: Hart Publishing
ISBN: 9781509962433

Published In: July 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509962471

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Description
Contents

Details

This book shines a light on the still unexplored relationships between federalism and disability rights. It investigates how the UN Convention on the Rights of Persons with Disabilities (CRPD) is implemented by different federal systems around the world.

It analyses the effects that the obligations undertaken under the CRPD have on federal governance and on the constitutional division of powers within 14 federal systems, including those in the UK, Italy, Germany, Canada, Brazil, and India. The book also considers the trends and patterns of disability rights governance in federal systems and looks at the future developments of comparative disability federalism.

Introduction: Conceptual and Methodological Approaches

Delia Ferri (University of Maynooth, Ireland), Francesco Palermo (University of Verona, Italy) and Giuseppe Martinico (Scuola Superiore Sant'Anna, Italy)

1. The European Union: Federal Trends in Disability Rights

Delia Ferri (University of Maynooth, Ireland) and Neža Šubic (Maynooth University, Ireland)

2. Germany: Is Cooperative Federalism Generating Multi-Level Barriers or Facilitating Multi-Level Inclusion?

Felix Welti (University of Kassel, Germany)

3. Austria: The Implementation of the CRPD in the Austrian Federal System

Peter Bußjäger (University of Innsbruck, Austria)

4. Italy: Is the CRPD Engendering a Centripetal Dynamic in the Italian Regional State?

Paolo Addis (Scuola Superiore Sant'Anna, Italy) and Matteo Monti (University of Pisa, Italy)

5. Spain: The Alignment with the CRPD through Centralisation

Maribel González Pascual (University Pompeu Fabra, Spain)

6. Belgium: The Quest for Equal Employment and Coherence in the Social Protection and Participation of Persons with Disabilities

Naomi Ghys (University of Antwerp, Belgium), Freek Louckx (University of Antwerp, Belgium), and Daniel Dumont (Université Libre de Bruxelles, Belgium)

7. The United Kingdom: Asymmetrical Challenges to Implementing the CRPD

Kasey McCall–Smith (University of Edinburgh, United Kingdom)

8. Canada: A Federal Perspective on the Implementation of the CRPD

Jonas-Sébastien Beaudry (McGill University, Canada)

9. India: Disability Rights in a 'Quasi' Federal Country

Amita Dhanda (NALSAR University of Law, India)

10. South Africa: Centralised Federalism and the Implementation of the CRPD

Tinashe C Chigwata (University of the Western Cape, South Africa) and Robert D Nanima (University of the Western Cape, South Africa)

11. Ethiopia: The Missing Relationship between Federalism and Disability

Yonatan T Fessha (University of the Western Cape, South Africa) and Beza Dessalegn (Hawassa University, Ethiopia)

12. Argentina: Ensuring Disability Rights in the Context of an Anachronistic Federal System

Francisco J Bariffi (Carlos III University of Madrid, Spain)

13. Brazil: The Long Road to Persons with Disabilities' Citizenship

Gilberto MA Rodrigues (Federal University of ABC, Brazil) and Paloma Breit (Mercado Livre, Brazil)

14. Mexico: Disability Rights in Mexican Federalism

Irene Spigno (University of Coahuila, Mexico)

15. Governing the Rights of Persons with Disabilities in Federal Systems: Trends and Patterns

Delia Ferri (University of Maynooth, Ireland), Francesco Palermo (University of Verona, Italy) and Giuseppe Martinico (Scuola Superiore Sant'Anna, Italy)

Concluding Remarks: Perspectives on Future Research

Delia Ferri (University of Maynooth, Ireland), Francesco Palermo (University of Verona, Italy) and Giuseppe Martinico (Scuola Superiore Sant'Anna, Italy)