International Disability Law: A Practical Approach to the United Nations Convention on the Rights of Persons with Disabilities

International Disability Law: A Practical Approach to the United Nations Convention on the Rights of Persons with Disabilities

by Coomara Pyaneandee

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Overview

This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of States Parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted. The author also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decisionmakers, academics, legal practitioners, law students, persons with disabilities and their representative organisations, human rights activists and general readers.

Product Details

ISBN-13: 9780429951855
Publisher: Taylor & Francis
Publication date: 06/13/2018
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 218
File size: 2 MB

About the Author

Coomaravel Pyaneandee has been a practising barrister for 17 years and is the current Vice-Chairperson of the UN Committee on the Rights of Persons with Disabilities. He holds an LLB and an LLM in Public Law from the University of London. His main areas of practice include disability discrimination, protection of women and children from domestic violence and workers’ compensation.

Table of Contents

TABLE OF CONTENTS

TABLE OF CASES

FOREWORD

PREFACE

ACKNOWLEDGEMENTS

LIST OF ABBREVIATIONS

INTRODUCTION

PART I 

CHAPTER 1 The CRPD Committee, Rules of Procedure and the Optional Protocol to the Convention

The Establishment of the CRPD Committee
General Comments
The Salient Features of the Convention
The Optional Protocol to the Convention
Admissibility of Complaints under the Optional Protocol
Examples of Inadmissibility
Interim Measures
Inadmissibility of Anonymous Complaints
Grave or Systematic Violations

CHAPTER 2 Fundamental Principles, and Equality and Non-Discrimination (Articles 1 – 5)

Introduction
The Preamble and Article 1 CRPD
Article 2 Definitions
Article 3 General Principles
Article 4 General Obligations
Article 5 Equality and Non-Discrimination
Equality Before the Law
Equality Under the Law
Equal Protection and Equal Benefit of the Law
Discrimination
Reasonable Accommodation
Conclusion
Summary of Concluding Observations and Recommendations

CHAPTER 3 Women and Girls with Disabilities (Article 6)

Introduction
The Protection of the Rights of Women under International Law
The Scope of Article 6 CRPD
Multiple and/or Intersectional Discrimination
Freedom from Exploitation, Violence and Abuse
Violence and Armed Conflict
Forced Sterilisation
Discrimination at the Crossroads
Conclusion
Summary of Concluding Observations and Recommendations

PART II CIVIL AND POLITICAL RIGHTS

CHAPTER 4 Equal Recognition Before the Law (Article 12) and Access to Justice (Article 13)

Introduction
Miscarriage of Justice
The Scope of the Right to Legal Capacity
The Meaning of Support under Article 12 (3)
Article 12 (4)
Effective Access to the Justice System
Reasonable Accommodation and Procedural Accommodation
Summary of Concluding Observations and Recommendations
Article 12
Article 13

CHAPTER 5 Liberty and Security of the Person (Article 14) and Freedom from Torture (Article 15)

Introduction
Liberty, Detention and Imprisonment
Freedom from Torture or Cruel, Inhuman or Degrading Treatment or Punishment
Torture by Omission
Medical or Scientific Experimentation

Liberty, Detention and Accessibility
Liberty and Institutionalisation

Liberty, Security and Integrity
Liberty, Health and Rehabilitation
Conclusion
Summary of Concluding Observations and Recommendations

CHAPTER 6 Right to Life (Article 10)

Introduction
The Arbitrary Deprivation of Life
The Right to Life and Freedom from Torture
Right to Life and the Death Penalty
Right to Life of the Unborn and Abortion
Right to Life and Euthanasia
Right to Life and Enforced Disappearance
Conclusion
Summary of Concluding Observations and Recommendations

CHAPTER 7 Freedom of Expression (Article 21) and Participation in Political and Public Life (Article 29)

Introduction
Freedom of Opinion and Expression
Freedom of Expression and Official Interactions
Participation in Political Life (The Rights to Vote and to be Elected)
Right to Participate in Public Life
Freedom of Association
Freedom of Assembly
Conclusion
Summary of Concluding Observations and Recommendations


PART III ECONOMIC, SOCIAL AND CULTURAL RIGHTS

CHAPTER 8 Accessibility (Article 9)

Introduction
States Parties’ Obligation in Relation to Article 9
Reasonable Accommodation and Accessibility
Real-Time Information and Access to Transport
Universal Design
Conclusion
Summary of Concluding Observations and Recommendations
Housing as a Key Element to Inclusive Cities
Transportation and Public Services
ICTs for Building Inclusive, Resilient Smart Cities
CRPD Committee, General Comment No. 2 on Article 9 (Accessibility)

CHAPTER 9 Right to Education (Article 24)

Introduction
The Origin of the Right to Education
Barriers to Inclusive Education
The Obligations of States Parties under Article 24 CRPD
The Obligation to Progressively Realise Article 24 CRPD
Defining Exclusion, Segregation and Integration
Segregation and Integration
The Meaning of Inclusive Education
Implementing Article 24
Reasonable Accommodation
Access to Justice
Conclusion
Summary of Concluding Observations and Recommendations

CHAPTER 10 Right to Work and Employment (Article 27)

Introduction
The Origin of the Right to Work of Persons with Disabilities
The Scope of Article 27 CRPD
Disability-Based Discrimination under Article 27 CRPD
Reasonable Accommodation and Discrimination
Quotas
Conclusion
Summary of Concluding Observations and Recommendations
Employment of Persons with Disabilities: A Marketing Framework

Chapter 11 Right to Independent Living and Being Included in the Community (Article 19)

Introduction
The Nature of States Parties Obligations under Article 19
Institutionalisation
Legal Capacity
Access to Adequate Housing
Conclusion
Summary of Concluding Observations and Recommendations
Access to Adequate Housing

CONCLUSION Monitoring and Implementation: The Way Forward

Introduction
National Implementation and Monitoring: The Way Forward
The Scope of Article 33 CRPD
Concluding Remarks

Index

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