The Development of Disability Rights Under International Law
From Charity to Human Rights
The adoption of the Convention on the Rights of People with Disabilities (CPRD) by the United Nations in 2006 is the first comprehensive and binding treaty on the rights of people with disabilities. It establishes the right of people with disabilities to equality, dignity, autonomy, full participation, as well as the right to live in the community, and the right to supported decision-making and inclusive education. Prior to the CRPD, international law had provided only limited protections to people with disabilities.
This book analyses the development of disability rights as an international human rights movement. Focusing on the United States and countries in Asia, Africa, the Middle East the book examines the status of people with disabilities under international law prior to the adoption of the CPRD, and follows the development of human rights protections through the convention’s drafting process. Arlene Kanter argues that by including both new applications and entirely new approaches to human rights treaty enforcement, the CRPD is significant not only to people with disabilities but also to the general development of international human rights, by offering new human rights protections for all people.
Taking a comparative perspective, the book explores how the success of the CRPD in achieving protections depends on the extent to which individual countries enforce domestic laws and policies, and the changing public attitudes towards people with disabilities. This book will be of excellent use and interest to researchers and students of human rights law, discrimination, and disability studies.
Table of Contents
Introduction 1. The Development and Adoption of the United Nations Convention on the Rights of People with Disabilities 2. The Right to Live in the Community For People with Disabilities 3. The Right to Liberty and Security under Article 14 of the CRPD 4. The Right to Be Free From Torture and Cruel, Inhuman or Degrading Treatment and Punishment Under Article 15 of the CRPD 5. Protecting the Physical and Mental Integrity of the Person and the Right to Health 6. Access to Justice For People with Disabilities 7. The Right to Legal Capacity and Supported Decision-Making 8. Moving Beyond the CRPD: Will it Make A Difference
Arlene S. Kanter is the Laura J. and L. Douglas Meredith Professor of Law and Director of the Disability Law and Policy Program at Syracuse University College of Law, USA.