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

Human Rights

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

By Coomara Pyaneandee
Routledge June 2018

Specifications

ISBN-13
9781138593473
Publisher
Routledge
Publication
June 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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 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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