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The United Nations Convention on the Rights of Persons with Disabilities: A Commentary

The United Nations Convention on the Rights of Persons with Disabilities: A Commentary

Author: Valentina Della Fina; Rachele Cera; Giuseppe Palmisano
Publisher: Springer-Verlag
ISBN: 9783319437880
Published In: February 2017
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 3,324.00

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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 preparatoires, 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.

From Invisible Citizens to Agents of Change: A Short History of the Struggle for the Recognition of the Rights of Persons with Disabilities at the United Nations, Theresia Degener and Andrew Begg

A New Human Rights Model of Disability, Theresia Degener

The European Union and the Convention on the Rights of Persons with Disabilities: Complexities, Challenges and Opportunities, Anna Lawson

Preamble, Rachele Cera

Article 1 [Purpose], Valentina Della Fina

Article 2 [Definitions], Rachele Cera

Article 3 [General Principles], Valentina Della Fina

Article 4 [General Obligations], Valentina Della Fina

Article 5 [Equality and Non-discrimination], Rachele Cera

Article 6 [Women with Disabilities], Valentina Della Fina

Article 7 [Children with Disabilities], Andrea Broderick

Article 8 [Awareness-raising], Aurelie Baranger

Article 9 [Accessibility], Francesco Seatzu

Article 10 [Right to Life], Giovanni Carlo Bruno

Article 11 [Situations of Risk and Humanitarian Emergencies], Giovanni Carlo Bruno

Article 12 [Equal Recognition Before the Law], Mary Keys

Article 13 [Access to Justice], Eilionoir Flynn

Article 14 [Liberty and Security of the Person], Francesco Seatzu

Article 15 [Freedom from Torture and Cruel, Inhuman or Degrading Treatment or Punishment], Antonio Marchesi

Article 16 [Freedom from Exploitation, Violence and Abuse], Antonio Marchesi

Article 17 [Physical and Mental Integrity], Mary Keys

Article 18 [Liberty of Movement and Nationality], Rachele Cera

Article 19 [Living Independently and Being Included in the Community], Giuseppe Palmisano

Article 20 [Personal Mobility], Marco Fasciglione

Article 21 [Freedom of Expression and Opinion, and Access to Information], Rachele Cera

Article 22 [Respect for Privacy], Valentina Della Fina

Article 23 [Respect for Home and the Family], Valentina Della Fina

Article 24 [Education], Valentina Della Fina

Article 25 [Right to Health], Ilja Richard Pavone

Article26 [Habilitation and Rehabilitation], Ilja Richard Pavone

Article 27 [Work and Employment], Maria Ventegodt Liisberg

Article 28 [Adequate Standard of Living and Social Protection], Marco Fasciglione

Article 29 [Participation in Political and Public Life], Rachele Cera

Article 30 [Participation in Cultural Life, Recreation, Leisure and Sport], Luigino Manca

Article 31 [Statistics and Data Collection], Mads Pedersen

Article 32 [International Cooperation], Valentina Della Fina

Article 33 [National Implementation and Monitoring], Luigino Manca

Article 34 [Committee on the Rights of Persons with Disabilities], Article 35 [Reports by States Parties], Article 36 [Consideration of Reports], Ornella Ferrajolo

Article 37 [Cooperation with States Parties and the Committee], Silvana Moscatelli

Article 38 [Relationship of the Committee with Other Bodies], Silvana Moscatelli

Article 39 [Report of the Committee], Rosita Forastiero

Article 40 [Conference of States Parties], Ilja Richard Pavone

Article 41 [Depositary], Article 42 [Signature], Article 43 [Consent to Be Bound], Andrea Crescenzi

Article 44 [Regional Integration Organizations], Rosita Forastiero

Article 45 [Entry into Force], Article 46 [Reservations], Article 47 [Amendments], Article 48 [Denunciation], Article 49 [Accessible Format], Article 50 [Authentic Texts], Andrea Crescenzi

Optional Protocol to the Convention on the Rights of Persons with Disabilities, Ornella Ferrajolo

Charting the Development of Human Rights Law through the CRPD, Janet E. Lord and Michael Ashley Stein.