1st Edition

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

By Coomara Pyaneandee Copyright 2019
    250 Pages
    by Routledge

    250 Pages
    by Routledge

    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.

    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

    Biography

    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.

    `This is the best book on the CRPD'

    Nagase Osamu, Eminent Research Professor, Ritsumeikan University, Kyoto, Japan