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The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Online ISBN:
9780191828911
Print ISBN:
9780198786627
Publisher:
Oxford University Press
Book

The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Lisa Waddington (ed.),
Lisa Waddington
(ed.)
Professor and European Disability Forum Chair in European Disability Law, Maastricht University
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Anna Lawson (ed.)
Anna Lawson
(ed.)
Professor of Law and Director of the Centre for Disability Studies, University of Leeds
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Published online:
19 July 2018
Published in print:
31 May 2018
Online ISBN:
9780191828911
Print ISBN:
9780198786627
Publisher:
Oxford University Press

Abstract

The UN Convention on the Rights of Persons with Disabilities (CRPD) has been in force for nearly a decade. This book examines how the Convention has been given effect and interpreted in thirteen different jurisdictions. It has two main interconnected aims. The first is to investigate and compare the way in which the CRPD has been interpreted and applied by courts in different jurisdictions. The second is to investigate and deepen understanding of the CRPD’s influence at the domestic level. The first of these aims situates this study within the emerging field of comparative international law—to which it offers the first major contribution addressing an international human rights treaty other than the UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). The second situates it within the field of disability law—to which it offers the first sustained analysis of how the CRPD influences domestic court judgments. Besides the thirteen jurisdiction-specific chapters (written by experts in both the CRPD and the particular jurisdiction in question), comparative analysis is provided in four chapters—addressing respectively the interpretation of CRPD provisions by domestic courts; the legal status of the CRPD in domestic law and its relevance to domestic case law; the uses made of the CRPD by domestic courts; and the judiciary’s role and perception of its relationship with the CRPD. The book also includes reflections on the implications of this study, and previous comparative international law studies of CEDAW, for human rights theory.

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