A Study On The Equal Recognition Before The Law


A Study On The Equal Recognition Before The Law
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A Study On The Equal Recognition Before The Law


A Study On The Equal Recognition Before The Law
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Author : National University of Ireland
language : en
Publisher: Council of Europe
Release Date : 2017-03-27

A Study On The Equal Recognition Before The Law written by National University of Ireland and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-27 with Law categories.


Equal recognition before the law: the capacity to hold rights and duties and the capacity to act on them. This Study aims to identify ways and means of implementation of Article 121 of the UN Convention on the Rights of Persons with Disabilities (CRPD) which affirms the right to equal recognition before the law. It represents a paradigm shift from viewing persons with disabilities as objects of charity and medical treatment to identifying them as subjects with legal rights. The requirements of Article 12 of the CRPD have been clearly interpreted by the UN CRPD Committee. Various bodies of the Council of Europe have acknowledged this shift in consensus regarding the right to universal legal capacity and have gradually moved towards affirming its applicability, most notably in the Council of Europe Strategy on the Rights of Persons with Disabilities 2017-2023. To reiterate, the Strategy asserts that the rights covered in it are to be interpreted in light of the UN CRPD.



A Study On The Equal Recognition Before The Law


A Study On The Equal Recognition Before The Law
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Author :
language : en
Publisher:
Release Date : 2017

A Study On The Equal Recognition Before The Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.




A Study On The Equal Recognition Before The Law


A Study On The Equal Recognition Before The Law
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Author :
language : en
Publisher:
Release Date : 2017

A Study On The Equal Recognition Before The Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.




Restoring Voice To People With Cognitive Disabilities


Restoring Voice To People With Cognitive Disabilities
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Author : Anna Arstein-Kerslake
language : en
Publisher: Cambridge University Press
Release Date : 2017-07-03

Restoring Voice To People With Cognitive Disabilities written by Anna Arstein-Kerslake and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-03 with Law categories.


This book provides a ground-breaking discussion of the human right to make decisions in our own lives.



The Un Convention On The Rights Of Persons With Disabilities


The Un Convention On The Rights Of Persons With Disabilities
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Author : Ilias Bantekas
language : en
Publisher: Oxford University Press
Release Date : 2018-10-25

The Un Convention On The Rights Of Persons With Disabilities written by Ilias Bantekas and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-25 with Law categories.


This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.



The United Nations Convention On The Rights Of Persons With Disabilities


The United Nations Convention On The Rights Of Persons With Disabilities
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Author : Valentina Della Fina
language : en
Publisher: Springer
Release Date : 2017-01-20

The United Nations Convention On The Rights Of Persons With Disabilities written by Valentina Della Fina and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-20 with Law categories.


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 préparatoires, 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.



Disability Human Rights Law 2018


Disability Human Rights Law 2018
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Author : Anna Arstein-Kerslake (Ed.)
language : en
Publisher: MDPI
Release Date : 2018-11-14

Disability Human Rights Law 2018 written by Anna Arstein-Kerslake (Ed.) and has been published by MDPI this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-14 with Electronic books categories.


This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws



Global Perspectives On Legal Capacity Reform


Global Perspectives On Legal Capacity Reform
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Author : Eilionóir Flynn
language : en
Publisher: Routledge
Release Date : 2018-07-20

Global Perspectives On Legal Capacity Reform written by Eilionóir Flynn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-20 with Law categories.


This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers’ experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.



Monitoring State Compliance With The Un Convention On The Rights Of The Child


Monitoring State Compliance With The Un Convention On The Rights Of The Child
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Author : Ziba Vaghri
language : en
Publisher: Springer Nature
Release Date : 2022-01-03

Monitoring State Compliance With The Un Convention On The Rights Of The Child written by Ziba Vaghri and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-03 with Education categories.


This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.



Equality For Same Sex Couples


Equality For Same Sex Couples
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Author : Yuval Merin
language : en
Publisher: University of Chicago Press
Release Date : 2010-02-15

Equality For Same Sex Couples written by Yuval Merin and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-15 with Social Science categories.


During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe. Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.