The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts
The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts
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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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Front Matter
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1
Setting the Scene
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2
Argentina
Ana Laura Aiello
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3
Australia
Lisa Waddington
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4
Council of Europe
Oliver Lewis
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5
The European Union
Lisa Waddington
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6
Germany
Valentin Aichele
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7
India
Shreya Atrey
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8
Ireland
Eilionóir Flynn
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9
Italy
Delia Ferri
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10
Kenya
Elizabeth Kamundia
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11
Mexico
Matthew S Smith andMichael Ashley Stein
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12
Russia
Dmitri Bartenev andEkaterina Evdokimova
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13
Spain
Ignacio Campoy Cervera
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14
United Kingdom
Anna Lawson andLucy Series
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15
Interpreting the Convention on the Rights of Persons with Disabilities in Domestic Courts
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16
The Domestication of the Convention on the Rights of Persons with Disabilities: Domestic Legal Status of the CRPD and Relevance for Court Judgments
Lisa Waddington
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17
Uses of the Convention on the Rights of Persons with Disabilities in Domestic Courts
Anna Lawson
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18
The Role of the Judiciary and Its Relationship to the Convention on the Rights of Persons with Disabilities
Lisa Waddington
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19
Human Rights Theory and Comparative International Law Scholarship
Christopher McCrudden
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End Matter
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