Article 33 Of The Un Convention On The Rights Of Persons With Disabilities
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The Un Convention On The Rights Of Persons With Disabilities
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Author : Ilias Bantekas
language : en
Publisher:
Release Date : 2018
The Un Convention On The Rights Of Persons With Disabilities written by Ilias Bantekas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
This volume is a systematic commentary on the Convention on the Rights of Persons with Disabilities (CRPD), and includes analysis of its Optional Protocol. It provides an authoritative discussion on the CRPD and is a definitive resource tool for use in litigation as well as in formulating policy at the domestic and international levels.
The Un Convention On The Rights Of Persons With Disabilities And The European Union
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Author : Carmine Conte
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
The Un Convention On The Rights Of Persons With Disabilities And The European Union written by Carmine Conte and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
This book analyses the impact of the UN Convention on the Rights of Persons with Disabilities (CRPD) on EU non-discrimination law and governance. The CRPD places the protection of persons with disabilities at the heart of international human rights law. The Convention is the first human rights treaty open for signatures by regional organisations, and the European Union favourably acceded to it in December 2010. Ten years after this historic event, this book explores whether the theory has been put into practice, and examines the effects of the CRPD on EU non-discrimination law and governance. This book brings together the practices of the European Court of Justice (CJEU) with regard to disability discrimination to show whether the CRPD is living up to its full potential to substantially improve the protection of the rights of persons with disabilities in the EU. It examines whether the judicial interpretation of the Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation, does or does not comply with the new legal background delineated by the CRPD. In addition, it investigates whether the governance mechanisms underlying the EU Framework for promoting, protecting and monitoring the CRPD are effectively fostering the implementation of the CRPD and the role of civil society. The prohibition of discrimination on grounds of disability has undergone substantial changes and developments since it was first introduced under international and EU law. This book highlights the main changes to disability discrimination which have occurred in the EU legal order in the last ten years. The book will be of interest to academics, law students and legal practitioners working in the field of EU non-discrimination and equality law.
The Un Convention On The Rights Of Persons With Disabilities In Practice
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Author : Lisa Waddington
language : en
Publisher: Oxford University Press
Release Date : 2018-05-24
The Un Convention On The Rights Of Persons With Disabilities In Practice written by Lisa Waddington 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 2018-05-24 with Law categories.
Introduced in 2008, the UN Convention on the Rights of Persons with Disabilities has existed for nearly a decade. This comprehensive study examines how courts in thirteen different jurisdictions make use of the Convention. The first sustained comparative international law analysis of the CRPD, Waddington and Lawsons ground breaking text illuminates the intersection between human rights law, disability law and international law through an examination of the role of courts. The first part of the book contains chapters specific to each jurisdiction. The second part consists of comparative chapters which draw on the rich analysis of the jurisdiction-specific chapters. These chapters reflect on emerging patterns of judicial usage and interpretation of the CRPD and on the wider implications for human rights theory and the nascent field of international comparative human rights law. This volume is a vital and thought-provoking addition to the literature on comparative international law and disability rights.
The Un Convention On The Rights Of Persons With Disabilities
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Author : Oddný Mjöll Arnardóttir
language : en
Publisher: BRILL
Release Date : 2009
The Un Convention On The Rights Of Persons With Disabilities written by Oddný Mjöll Arnardóttir and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
The International Convention on the Rights of Persons with Disabilities is the first human rights treaty adopted by the United Nations in the 21st century. It seeks to secure the equal and effective enjoyment of human rights for the estimated 650 million persons with disabilities in the world. It does so by tailoring gerneral human rights norms to their circumstances. It reflects and advances the shift away from welfare to rights in the context of disability. The Convention itself represents a mix between non-discrimination and other substantive human rights and gives practical effect to the idea that all human rights are indivisible and interdependent. This collection of essays examines these developments from the global, European and Scandinavian perspectives and the challenge of transposing its provisions into national law. It marks the coming of age of disabilty as a core human rights concern.
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.
The Committee On The Rights Of Persons With Disabilities
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Author : Valentina Della Fina
language : en
Publisher: Springer Nature
Release Date : 2023-10-26
The Committee On The Rights Of Persons With Disabilities written by Valentina Della Fina and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-26 with Law categories.
The book focuses on the modus operandi of the Committee on the Rights of Persons with Disabilities (CRPD Committee), the Convention on the Rights of Persons with Disabilities (CRPD) monitoring body, and its main tasks, namely monitoring functions and interpreting the CRPD provisions. Unlike other doctrinal contributions, it analyses all aspects of the CRPD Committee, including those of an institutional nature (membership, sessions, methods of voting, relationships with other organs, and others). The target audience of the book is composed of academics and students of international human rights law. Furthermore, it serves as a guide for civil servants, NGOs, DPOs, practitioners and other stakeholders involved in implementing disability rights.
Implementing International Disability Law In The European Union
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Author : Ottavio Quirico
language : en
Publisher: Taylor & Francis
Release Date : 2024-06-28
Implementing International Disability Law In The European Union written by Ottavio Quirico and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-28 with Law categories.
This book investigates the implementation of disability rights and duties in the European Union, aiming to understand its functioning and explore ways forward through a critical analysis of the Convention on the Rights of Persons with Disabilities (CRPD) within the context of international regulation. Along the lines of the integration of fundamental rights within the common market, the EU has indeed progressively adopted meaningful regulation to advance disability rights, which are now essentially shaped by the CRPD. The research considers the interaction between law and policy at the international, EU and Member States’ level, focusing on three essential elements, including the sources of disability law, institutional mechanisms and substantive regulation. Grounded in the distinction between primary rules on law-making and secondary norms on enforcement, the analysis unfolds against the background of the ‘twin’ transitions on sustainability and digitalisation and encompasses the Council of Europe system, particularly in the light of the foreseeable accession of the EU to the European Convention on Human Rights. Arguably, following the progressive development it has facilitated in other regulatory areas, the Court of Justice of the European Union can provide a decisive contribution to advancing inclusiveness for people with disabilities in the Union. The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in EU and international disability law and politics.
The Ombudsman In The Modern State
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Author : Matthew Groves
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-04-07
The Ombudsman In The Modern State written by Matthew Groves and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-07 with Law categories.
Ombudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.
Ombuds Institutions Good Governance And The International Human Rights System
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Author : Linda C. Reif
language : en
Publisher: BRILL
Release Date : 2020-07-27
Ombuds Institutions Good Governance And The International Human Rights System written by Linda C. Reif and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-27 with Law categories.
This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children’s rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women’s rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.
Making Disability Rights Real In Southeast Asia
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Author : Derrick L. Cogburn
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2017-03-21
Making Disability Rights Real In Southeast Asia written by Derrick L. Cogburn and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-21 with Political Science categories.
This book evaluates the national implementation of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in ASEAN. Working with country-specific research teams, the contributors compiled detailed case-studies of CRPD implementation in each country in ASEAN. This book presents a detailed overview of the problem, the relevant literature, and the conceptual framework, and then it explores the implementation of the CRPD in each of the ten countries in Southeast Asia. Details include the factors that influenced each country to ratify the CRPD, the focal point structure of implementation, the independent mechanism established to monitor the implementation, and the civil society organizations involved. This book also evaluates the implications of CRPD implementation for human rights and development in ASEAN, including the degree of institutionalized support for persons with disabilities, the development objectives of the CRPD against the strategic objectives of the ASEAN economic community and the broader ASEAN community, and the way these developments compare with those in other countries and regions. Working with country-specific research teams, the editors compiled detailed case-studies of CRPD implementation on each country in ASEAN. This book presents a detailed overview of the problem and the relevant literature. The contributors also offer conclusions on the research and national and ASEAN-level recommendations for moving forward.