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

Human Rights

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

Edited by Delia Ferri · Francesco Palermo · Giuseppe Martinico
Hart Publishing January 2025

Specifications

ISBN-13
9781509962471
Publisher
Hart Publishing
Publication
January 2025
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

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.

Table of Contents

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)
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