Models Of Implementation Of Article 12 Of The Convention On The Rights Of Persons With Disabilities Crpd
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Models Of Implementation Of Article 12 Of The Convention On The Rights Of Persons With Disabilities Crpd
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Author : Maciej Domański
language : en
Publisher: Taylor & Francis
Release Date : 2023-11-22
Models Of Implementation Of Article 12 Of The Convention On The Rights Of Persons With Disabilities Crpd written by Maciej Domański and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-22 with Law categories.
This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Article 12 into domestic law, as they contribute to the determinants in creating a qualificatory legal framework for all, persons with disabilities in particular, to exercise their rights to legal capacity without let or hindrance. As active legal capacity is a notion rooted in and coming from private law, this forms the main research perspective. The first section discusses the foundational concepts constituting the CRPD Article 12 standard from domestic private law and international law perspectives. The work shows that the concepts adopted in private law interact with the protection of persons with disabilities as victims provided for in criminal law. In addition, where relevant, authors also look at public law institutions that are connected with the private law solutions. The volume will be an essential reference for academics, researchers and policy-makers working in the areas of private law, criminal law, mental health law, human rights, discrimination law as well as psychology and psychiatry.
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
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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.
Mental Health Legal Capacity And Human Rights
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Author : Michael Ashley Stein
language : en
Publisher: Cambridge University Press
Release Date : 2021-09-02
Mental Health Legal Capacity And Human Rights written by Michael Ashley Stein 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 2021-09-02 with Law categories.
Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.
Article 33 Of The Un Convention On The Rights Of Persons With Disabilities
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Author : Gauthier de Beco
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-05-30
Article 33 Of The Un Convention On The Rights Of Persons With Disabilities written by Gauthier de Beco and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-30 with Law categories.
This book provides an in-depth examination of Article 33 of the UN Convention on the Rights of Persons with Disabilities (CRPD). It both analyses Article 33 of the CRPD and provides case studies on six EU Member States.
The Convention On The Rights Of Persons With Disabilities
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Author : Ilias Bantekas
language : en
Publisher: Oxford Commentaries on Interna
Release Date : 2018-09-20
The Convention On The Rights Of Persons With Disabilities written by Ilias Bantekas and has been published by Oxford Commentaries on Interna this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-20 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 articlebased 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 issuesarising from international disability law and practice, and will be an ideal resource for all working in the field.
Bia Ostockie Studia Prawnicze 23 4
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Author : Anna Drabarz
language : en
Publisher: Wydawnictwo Temida 2
Release Date : 2018-12-18
Bia Ostockie Studia Prawnicze 23 4 written by Anna Drabarz and has been published by Wydawnictwo Temida 2 this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-18 with categories.
Rethinking Rights Based Mental Health Laws
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Author : Bernadette McSherry
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-08-16
Rethinking Rights Based Mental Health Laws written by Bernadette McSherry and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-16 with Law categories.
Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.
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.
Routledge Handbook Of Disability Law And Human Rights
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Author : Peter Blanck
language : en
Publisher: Routledge
Release Date : 2016-07-07
Routledge Handbook Of Disability Law And Human Rights written by Peter Blanck and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-07 with Law categories.
This handbook provides a comprehensive and authoritative state-of-the-art review of the current and emerging research and policy on disability law. Bringing together a team of respected and experienced experts, the handbook offers a range of jurisdictional and multidisciplinary perspectives. The authors consider historical and contemporary, as well as comparative perspectives of disability law. Divided into three parts, the contributors provide a comprehensive reference to the theoretical underpinnings, ongoing debates and emerging fields within the subject. The study provides a strong basis for consideration of contemporary disability law, its research foundations, and progressive developments in the area. The book incorporates interdisciplinary and comparative country perspectives to capture the breadth of current discourse on disability law. This handbook provides a valuable resource for a wide range of scholars, public and private researchers, NGOs, and practitioners working in the area of disability law, and across national and transnational disability schemes. The work will be of important interest to those in the fields of sociology, history, psychology, economics, political science, rehabilitation sciences, medicine, technology, and law, among others.