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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.
Preface; Acknowledgments; INTRODUCTION, Gerard Quinn and Oddný Mjöll Arnardóttir
PART I FROM SOCIAL POLICY TO THE HUMAN RIGHTS LAW OF THE 21ST CENTURY
1. Disability Studies, the Social Model and Legal Developments, Rannveig Traustadóttir; 2. Future Prospects for the United Nations Convention on the Rights of Persons with Disabilities, Michael Ashley Stein and Janet E. Lord; 3. A Future of Multidimensional Disadvantage Equality? Oddný Mjöll Arnardóttir; 4. From Invisibility to Indivisibility: The International Convention on the Rights of Persons with Disabilities, Ida Elisabeth Koch
PART II THE EUROPEAN CONTEXT
5. The United Nations Convention on the Rights of Persons with Disabilities and European Disability Law: A Catalyst for Cohesion? Anna Lawson; 6. Breaking New Ground: The Implications of Ratification of the UN Convention on the Rights of Persons with Disabilities for the European Community, Lisa Waddington; 7. The Protection of the Rights of Persons with Disabilities in the Case Law of the European Court of Human Rights, Davíð Þór Björgvinsson; 8. Extracting Protection for the Rights of Persons with Disabilities from Human Rights Frameworks: Established Limits and New Possibilities, Colm ÓCinneide
PART III BRINGING THE TREATY HOME
9. General Themes Relevant to the Implementation of the UN Disability Convention into Domestic law: Who is Responsible for the Implementation and How should it be Performed? Holger Kallehauge; 10. Resisting the ‘Temptation of Elegance’: Can the Convention on the Rights of Persons with Disabilities Socialise States to Right Behaviour? Gerard Quinn; 11. The Implementation of the UN Convention and the Development of Economic and Social Rights as Human Rights, Brynhildur G. Flóvenz; 12. The UN Convention in Nordic Domestic law - Lessons Learned from other Treaties, Ragnhildur Helgadóttir; NOTES ON CONTRIBUTORS; INDEX.