Disability Human Rights Law 2018 PDF Download

Author: Anna Arstein-Kerslake (Ed.)
Publisher: MDPI
ISBN: 3038972509
Category : Law
Languages : en
Pages : 241

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Book Description
This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws

Author: Tabitha Collingbourne
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
This thesis is about understandings, how those understandings shape the law and how the law helps to shape those understandings. Its first premise is that law is not neutral: it is formed and functions within a complex and dynamic socio-political context from which it is inseparable. From that premise, the thesis argues that partial understanding of the context in which the law has been formed may result in mis- or partial understandings, and thus mis- or partial application, of the law itself. The argument is made through political discourse analysis of the UN Convention on the Rights of Persons with Disabilities (CRPD) and implementation in England of Article 19, the right to live independently and be included in the community. The CRPD is seen as emancipatory law, offering a re-description of the world and of disabled people's place in it, and requiring for its full implementation transformative paradigm change. Whether the Convention-drafters' hegemonic project succeeds will depend in part on the understandings already circulating in national settings. Turning to the United Kingdom, the thesis identifies resistance on the part of successive governments to international understandings of economic, social and cultural rights, and their consequent invisibility in domestic discourse, as potential barriers to realisation of the CRPD's emancipatory purpose. The remainder of the thesis investigates the extent to which this mis-understanding currently affects implementation in England of CRPD Article 19. Independent living policy, legislation, decision-making and redress are examined for evidence of CRPD-compatible change. The thesis concludes that the exclusion of international economic, social and cultural rights standards from domestic discourse results in mis- and partial understandings, and thus in mis- or partial application, of Article 19. This in turn undermines implementation of the Convention as a whole, and frustrates its drafters' purpose in the English domestic sphere.

Author: Andrew Byrnes
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 166

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Book Description
Parliaments and parliamentarians have a key role to play in promoting and protecting human rights. This Handbook aims to assist parliamentarians and others in efforts to realize the Convention so that persons with disabilities can achieve the transition from exclusion to equality. It seeks to raise awareness of the Convention and its provisions, promote an appreciation of disability concerns, and assist parliaments in understanding the mechanisms and frameworks needed to translate the Convention into practice. By providing examples and insights, it is hoped that the Handbook will serve as a useful tool for parliamentarians to promote and protect the rights of persons with disabilities all over the world.

Author: Peter Blanck
Publisher: Routledge
ISBN: 1351943960
Category : Social Science
Languages : en
Pages : 625

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Book Description
There is great diversity of definitions, causes and consequences of discrimination against persons with disabilities, yet there are fundamental themes uniting countries in their pursuit of human rights policies to improve the social and economic status of those with disabilities. In this volume are twenty-five important articles examining historical, contemporary and comparative issues crucial to the advancement of disability rights. The volume foreshadows the future of disability rights as a medium for ensuring that those living with disabilities participate as equal citizens of the world.

Author: Mary Lou Breslin
Publisher: BRILL
ISBN: 9004478965
Category : Law
Languages : en
Pages : 523

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Book Description
This volume describes the extraordinary success of the international political movement of people with disabilities to include disability as a human rights issue. The authors are renowned disability rights attorneys, university professors, and activists who practice, teach and work internationally. Published under the Transnational Publishers imprint.

Author: Anna Arstein-Kerslake
Publisher: MDPI
ISBN: 3038423890
Category : Law
Languages : en
Pages : 171

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Book Description
This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws

Author: Neha Pathakji
Publisher: Oxford University Press
ISBN: 0199091889
Category : Law
Languages : en
Pages : 388

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Book Description
The emergence of a decentralized, fragmented, and low-cost Internet opened up possibilities for persons with disabilities to lead an independent and inclusive life, which had been denied to them in the physical world. The virtual world, unlike the physical world, was presumed to be devoid of physical, social, and attitudinal barriers that have historically led to the marginalization and exclusion of persons with disabilities. Yet with advancement in technology, concerns of persons with disabilities to access the Internet were relegated to the background. Since the Internet is largely dominated by corporations, this digital divide cannot be bridged without questioning their role; and corporations, as gatekeepers of the virtual world, need to proactively engage in dismantling barriers to accessing the Internet. Corporations and Disability Rights engages with the contemporary discourse on the nature of the right to access the Internet and contextualizes this right within the framework of emerging disability rights jurisprudence. This book explores the interplay between human rights of persons with disabilities and corporate obligation in a technologically advanced society. It argues that under disability rights jurisprudence, the right to access the Internet is a human right and not merely an enabling right. It bridges the existing normative and regulatory gaps for the effective realization of the right to access the Internet.

Author: Marcia H. Rioux
Publisher: BRILL
ISBN: 9004189580
Category : Law
Languages : en
Pages : 568

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Book Description
This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship. This book breaks new ground in its consideration of the way in which human rights principles can be applied in law and policy to achieve positive outcomes for people with disabilities. With a foreword of Professor Ron McCallum AO, 2010 Chair United Nations Committee on the Rights of Persons with Disabilities.

Author: Andrea Broderick
Publisher:
ISBN: 9781780683584
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
Languages : en
Pages : 0

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Book Description
This book examines several aspects of the equality and non-discrimination norms in the UN Convention on the Rights of Persons with Disabilities (CRPD). In the first instance, the book provides an interpretation and critical analysis of the legal meaning of the principles of equality and non-discrimination in the context of the CRPD. It analyses the extent to which the concepts of equality and non-discrimination contained in the Convention fit within the various theoretical models of disability and conceptions of equality that have been elaborated to date by scholars. It also compares the theoreotical framework of equality in the CRPD to that contained in other international human rights treaties which preceded the Convention. In addition, States' obligations under the Convention are teased out. A particular focus throughout this book is on the manner in which the equality and non-discrimination norms in the CRPD can increase participation and inclusion in society of persons with disabilities. This book also examines in detail an integral component of the equality norm, namely the duty to reasonably accommodate persons with disabilities and, in particular, its outer limits. In that regard, the book analyses whether the balancing and sharing of burdens inherent in the accommodation duty can teach us lessons about the overall balancing of burdens and interests implicit in many Convention rights subject to progressive realisation. Following on from that, this book devises a framework for review of measures adopted by States in the overall context of the progressive realisation of disability rights, with a particular emphasis on how the CRPD's equality norm might strengthen the realisation of socio-economic rights for disabled people. That framework of review criteria is then applied to the right to education and the accessibility obligation incumbent on States under the CRPD. Finally, this book investigates how the equality and non-discrimination norms in the Convention have already influenced, and can potentially influence, the crucial shape of disability equality case law and policy. In that connection, a case study is carried out on the Council of Europe mechanisms, in order to assess whether the CRPD is having an influence on disability law and policy at the regional level. This book demonstrates the fact that the CRPD holds enormous promise for the future application of the equality and non-discrimination norms in relation to the rights of persons with disabilities. Notwithstanding this, significant challenges lie ahead in the realisation of de facto equality for persons with disabilities. (Series: School of Human Rights Research, Volume 74) Subject: Human Rights Law]

Author: Lisa A. Crayton
Publisher: The Rosen Publishing Group, Inc
ISBN: 150818545X
Category : Young Adult Nonfiction
Languages : en
Pages : 112

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Book Description
The fight for disability rights continues, even in the wake of successful, ongoing advocacy, activism, and legislation. This valuable resource depicts how the fight has enhanced the lives of people with disabilities, and how readers can continue the efforts. Highlights of renowned activists with historical context, current events, and teen-friendly examples will help teens channel their interests, frustrations, and curiosity into effective activism. A timeline of events with safe, easy-to-implement ideas will inspire future changemakers to team up with others and change the world.