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Oxford Law Citator
Contents
Expand All
Collapse All
Preliminary Material
Summary Contents
Detailed Contents
Preface
Editors’ Biographies
Contributor Biographies
Abbreviations
Table of Treaties and International Instruments
Table of Cases
International Courts, Commissions, and Tribunals
African Commission on Human and Peoples’ Rights
Court of Arbitration for Sport
Court of Justice of the European Union
European Court of Human Rights
European Committee of Social Rights (ECSR)
Inter-American Court and Commission of Human Rights
International Centre for the Settlement of Investment Disputes
International Court of Justice
International Criminal Tribunal for the Former Yugoslavia (ICTY)
Nuremburg Military Tribunals
United Nations
Human Rights Committee
CRPD Committee
Committee on the Elimination of Discrimination against Women (CEDAW)
Committee against Torture
National Courts
Argentina
Australia
Belgium
Canada
Colombia
France
India
Kenya
New Zealand
Russia
South Africa
Spain
Switzerland
England and Wales
United States
Table of Legislation
Argentina
Australia
Austria
Belgium
Bulgaria
Canada
China
Colombia
Cook Islands
Costa Rica
Croatia
Cyprus
Denmark
Finland
France
Germany
Greece
Hungary
India
Iran
Ireland (Republic of Ireland)
Israel
Italy
Japan
Kenya
Lithuania
Former Yugoslav Republic of Macedonia
Malaysia
New Zealand
Norway
Paraguay
Peru
Russia
Saudi Arabia
Serbia
Singapore
Slovakia
South Africa
South Korea
Spain
Uganda
United Arab Emirates (UAE)
United Kingdom (UK)
United States (US)
Uruguay
European Union Directives
European Union Regulations
Main Text
Preamble
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
2.1 Legal Effect of Preambles under Public International Law
2.2 The States Parties to the Present Convention
3.1 Paragraph (a)
3.2 Paragraph (b)
3.3 Paragraph (c)
3.4 Paragraph (d)
3.5 Paragraph (e)
3.6 Paragraph (f)
3.7 Paragraph (g)
3.8 Paragraph (h)
3.9 Paragraph (i)
3.10 Paragraph (j)
3.11 Paragraph (k)
3.12 Paragraph (l)
3.13 Paragraph (m)
3.14 Paragraph (n)
3.15 Paragraph (o)
3.16 Paragraph (p)
3.17 Paragraph (q)
3.18 Paragraph (r)
3.19 Paragraph (s)
3.20 Paragraph (t)
3.21 Paragraph (u)
3.22 Paragraph (v)
3.23 Paragraph (w)
3.24 Paragraph (x)
3.25 Paragraph (y)
Art.1 Purpose
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
2.1 Purpose (Article 1, Paragraph 1)
2.2 Description of ‘Disability’ (Article 1, Paragraph 2)
3 Paragraph 1
3.1 ‘The purpose of the present Convention’
3.2 ‘to promote, protect, and ensure’
3.3 ‘full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities’
3.4 ‘to promote respect for their inherent dignity’
4 Paragraph 2
4.1 ‘Persons with disabilities’
4.2 ‘include those who have long-term physical, mental, intellectual or sensory impairments’
4.3 ‘which in interaction with various barriers’
4.4 ‘may hinder their full and effective participation in society’
4.5 ‘on an equal basis with others’
Art.2 Definitions
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 ‘Communication’
4 ‘Language’
5 ‘Discrimination on the basis of disability’
5.1 ‘on the basis of disability’
5.2 ‘which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise’
5.3 ‘on an equal basis with others’
5.4 ‘all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field’
5.5 ‘all forms of discrimination’
6 ‘Reasonable accommodation’
6.1 ‘necessary and appropriate’
6.2 ‘not imposing a disproportionate or undue burden’
7 ‘Universal design’
Art.3 General Principles
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph (a)
3.1 ‘Respect for inherent dignity’
3.2 ‘Individual autonomy’
3.3 ‘Independence of persons’
4 Paragraph (b)—‘Non-discrimination’
5 Paragraph (c)—Full and Effective Participation and Inclusion in Society
6 Paragraph (d)—Respect for Difference and Acceptance of Persons with Disabilities as Part of Human Diversity and Humanity
7 Paragraph (e)—Equality of Opportunity
8 Paragraph (f)—Accessibility
9 Paragraph (g)—Equality between Men and Women
10 Paragraph (h)—Respect for the Evolving Capacities of Children with Disabilities and Respect for the Right of Children with Disabilities to Preserve their Identities
Art.4 General Obligations
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 Ensure and Promote the Full Realization of All Human Rights and Fundamental Freedoms for All Persons with Disabilities
3.2 Without Discrimination of Any Kind on the Basis of Disability
4.1 Paragraph 1(a)
4.1.1 All Appropriate Legislative, Administrative, and Other Measures
4.2 Paragraph 1(b)
4.3 Paragraph 1(c)
4.4 Paragraph 1(d)
4.4.1 Public Authorities and Institutions
4.5 Paragraph 1(e)
4.6 Paragraph 1(f)
4.7 Paragraph 1(g)
4.8 Paragraph 1(h)
4.9 Paragraph 1(i)
4.9.1 ‘Training of professionals and staff working with persons with disabilities’
5 Paragraph 2
5.1 Progressive Realization
5.2 Maximum of Available Resources
6 Paragraph 3
7 Paragraph 4
7.1 Provisions which are More Conducive to the Realization of the Rights of Persons with Disabilities
7.2 No Restriction upon or Derogation from
8 Paragraph 5: All Parts of Federal States
Art.5 Equality and Non-Discrimination
Preliminary Material
1 Introduction
2 Background
3 Travaux Préparatoires
4 General Framework of Article 5
5 Paragraph 1
6 Paragraph 2
7 Paragraph 3
8 Paragraph 4
Art.6 Women with Disabilities
Preliminary Material
1 Introduction
2 Background
3 Travaux Préparatoires
4 Paragraph 1: Multiple Discrimination
5 Paragraph 2: Development, Advancement and Empowerment
5.1 ‘exercise and enjoyment of the human rights and fundamental freedoms set out in the present Convention’
5.2 Interpretative Guidance
5.2.1 Article 16—Violence
5.2.2 Article 25—Health
5.2.3 Article 28—Standard of Living
5.2.4 Article 34—Committee on the Rights of Persons with Disabilities
5.2.5 Omissions
Art.7 Children with Disabilities
Preliminary Material
1 Introduction
2 Background
3 Travaux Préparatoires
4 Paragraph 1
4.1 A ‘child’
4.2 ‘All necessary measures’
4.2.1 Keeping Accurate Statistical Data
4.2.2 Early Intervention
4.2.3 Measures against Stigmatization
4.3 ‘all human rights and fundamental freedoms’
4.3.1 Freedom from Violence
4.3.2 Abandonment
4.3.3 De-Institutionalization
4.3.4 Right to Life, Survival, and Development
4.4 ‘on an equal basis with other children’
5 Paragraph 2
5.1 The Child’s ‘best interests’
5.2 Supported Decision-Making
6 Paragraph 3
6.1 The Child’s ‘right to be heard’
6.1.1 The Collective Right to Be Heard
6.1.2 ‘due weight in accordance with their age and maturity’
6.1.3 ‘disability and age-appropriate assistance’
Art.8 Awareness-Raising
Preliminary Material
1 Introduction and Background
2 Travaux Préparatoires
3 Paragraph 1
3.1 Duty ‘to adopt immediate, effective and appropriate measures’
3.2 Paragraph 1(a)
3.3 Paragraph 1(b)
3.4 Paragraph 1(c)
4 Paragraph 2
4.1 Paragraph 2(a)
4.2 Paragraph 2(b)
4.2.1 Examples of good practices
4.3 Paragraph 2(c)
4.3.1 Examples of good practices
4.4 Paragraph 2(d)
4.4.1 Examples of good practices
Art.9 Accessibility
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
2.1 Early Incarnations of Article 9
2.2 The Relationship Between Article 9 and Other CRPD Provisions
2.3 The Scope and Emphasis of Article 9
2.4 Nature of the Obligation
3 Paragraph 9(1)
3.1 ‘To enable persons with disabilities to live independently and participate fully in all aspects of life’
3.2 ‘Appropriate Measures to Ensure’
3.3 ‘Access, on an Equal Basis with Others’
3.4 ‘Physical Environment’
3.5 ‘Information and Communications, Including Information and Communications Technologies and Systems’
3.6 ‘Other Facilities and Services Open or Provided to the Public’
3.7 ‘Identification and Elimination of Obstacles and Barriers’
3.8 ‘Accessibility’
4 Paragraph 9(2)
4.1 Paragraph 9(2)(a)—‘Minimum Standards and Guidelines’
4.2 Paragraph 9(2)(b)
4.3 Paragraph 9(2)(c)—‘Training for Stakeholders’
4.4 Paragraph 9(2)(d)
4.5 Paragraph 9(2)(e)
4.6 Paragraph 9(2)(f)
4.7 Paragraph 9(2)(g)
4.8 Paragraph 9(2)(h)
Art.10 Right to Life
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 ‘Inherent right to life’
3.2 The Right to Life from the Perspective of Equality and Non-Discrimination
3.3 Right to Life and Right to Health of Disabled Persons
3.4 Right to Life and Quality of Life
3.4.1 Quality Adjusted Life Years (QALY) and Disability Adjusted Life Years (DALY)
3.5 Right to Life and Assisted Suicide
3.6 Right to Life Versus Pre-Natal Selection and Disability-Selective Abortion
3.7 ‘on an equal basis with others’
3.8 Medical Interventions
3.8.1 Medical Assistance to End Life by Reason of Disability
3.9 Killing Newborn with Disabilities
Art.11 Situations of Risk and Humanitarian Emergencies
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Persons with Disabilities in Situations of Risk
4 ‘obligations under international law’
4.1 ‘international humanitarian law’
4.2 ‘international human rights law’
5 ‘take all necessary measures’ to Ensure the Protection and Safety of Persons with Disabilities
6 ‘situations of armed conflict, humanitarian emergencies’
6.1 ‘natural disasters’
7 Persons at Risk
7.1 Refugees, Asylum Seekers, Migrants and Internally Displaced Persons with Disabilities in Situations of Risk
7.2 Women and Girls with Disabilities in Situations of Risk
7.3 Children with Disabilities in Situations of Risk
Art.12 CRPD Equal Recognition before the Law
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 States Parties Reaffirm that Persons with Disabilities Have the Right to Recognition Everywhere as Persons before the Law
4 Paragraph 2
4.1 Defining Legal Capacity
4.2 Distinguishing Legal Capacity and Mental Capacity
4.3 Enjoyment of Legal Capacity ‘on an equal basis with others’
4.4 Legal Capacity and Criminal Law
4.5 Evaluating Equalities and Discrimination Arguments about Legal Capacity
5 Paragraph 3
5.1 Support for the Exercise of Legal Capacity
5.2 Supported Decision-Making
6 Paragraph 4
6.1 Respect for the Rights, Will, and Preferences of the Person
6.2 Conflicts of Interest and Undue Influence
6.3 Regular Review by a Competent, Independent, and Impartial Authority or Judicial Body
6.4 The Safeguards Shall Be Proportional to the Degree to which Such Measures Affect the Person’s Rights and Interests
7 Paragraph 5
7.1 Background and Travaux Préparatoires
7.2 The Equal Right to Own and Inherit Property
7.3 The Equal Right to Control One’s Financial Affairs
7.4 Equal Access to Bank Loans, Mortgages, and Financial Credit
Art.13 Access to Justice
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 ‘Effective’ Access to Justice
3.2 ‘On an equal basis’
3.3 ‘Procedural and age-appropriate accommodations’
3.4 Direct and Indirect Participants, Including as Witnesses
3.5 All Legal Proceedings, Including at Preliminary Stages
4 Paragraph 2
Art.14 Liberty and Security of the Person
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1(a)
4 Paragraph 1(b)
4.1 Unlawful and Arbitrary Deprivation of Liberty
4.2 ‘in conformity with the law’
4.3 Therapeutic Jurisprudence
5 Paragraph 2
5.1 Human Rights Guarantees
5.2 Therapeutic Jurisprudence in Paragraph 2
Conclusion
Art.15 Protection against Torture and Cruel or Inhuman or Degrading Treatment or Punishment
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 ‘Free Consent’ and Personal Autonomy
3.1.1 Detention on Grounds of Unsoundness of Mind
3.1.2 Guardianship on Grounds of Mental Incapacity
3.2 Torture
3.2.1 Severe Mental or Physical Pain and Suffering
3.2.2 Intent: Torture and Cruel, Inhuman, or Degrading Treatment
3.2.3 State Involvement
3.2.4 Prohibited Purpose
3.3 ‘Medical or Scientific Experimentation without his or her free consent’
4 Paragraph 2
4.1 Effective Preventive Measures
4.1.1 Psychiatric Drugs Given without Consent
4.1.2 Sterilization and Other Reproductive Rights Violations
4.1.3 Female Genital Mutilation
4.1.4 Surgical Castration
4.1.5 Electro Convulsive Therapy (ECT), Unmodified ECT, and Use of ECT on Children
4.1.6 Seclusion, Caged Beds, and Other Restraints
4.1.7 Oppressive and Coercive Treatment Regimes
4.1.8 Failure to Give Adequate Medical Treatment or Pain Relief
4.1.9 Conditions of Detention
Art.16 Freedom from Exploitation, Violence, and Abuse
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
2.1 Scope: Types of Harm Included in ‘exploitation, violence and abuse’
2.2 Torture, Involuntary Treatment, and Informed Consent
2.3 Vulnerability of Disabled People and Prevention of Harm
3 Paragraph 1
3.1 ‘All appropriate legislative, administrative, social, education and other measures to protect’
3.2 ‘Within and outside the home’
3.3 ‘All forms of exploitation, violence and abuse, including their gender-based aspects’
4 Paragraph 2
4.1 Preventative Measures, Ensuring ‘appropriate gender- and age-sensitive assistance and support’
4.2 ‘Including through the provision of information and education on how to avoid, recognize and report instances’
4.3 Ensure that Protection Services Are Age-, Gender-, and Disability-Sensitive
5 Paragraph 3
5.1 ‘All facilities and programmes’
5.2 ‘Effectively monitored by independent authorities’
6 Paragraph 4
6.1 Measures to Promote the Physical, Cognitive, and Psychological Recovery, Rehabilitation, and Social Integration
7 Paragraph 5
7.1 Effective Legislation and Policies … to Ensure Instances are Identified, Investigated and, where Appropriate, Prosecuted
7.2 Including Women- and Children-Focused Legislation and Policies
Art.17 Protecting the Integrity of the Person
Preliminary Material
1 Introduction
2 Travaux Préparatoires
3 The Right to Personal Integrity in the European Convention on Human Rights
4 The Right to Personal Integrity in the EU Charter of Fundamental Rights
5 The Right to Personal Integrity
5.1 Seclusion and Restrain
5.2 Forced Sterilization
Art.18 Liberty of Movement and Nationality
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 Chapeau of Paragraph 1
3.1.1 ‘right of persons with disabilities to liberty of movement … freedom to choose their residence and to a nationality’
3.1.2 Liberty of Movement and Residence
3.1.3 Interlinkages with Other Rights
3.1.4 Movement within the Borders of a Country
3.1.5 Freedom of Choice of Travel
3.2 Paragraph 1(a): Have the Right to Acquire and Change a Nationality and [to] not [Be] Deprived of … Nationality Arbitrarily or on the Basis of Disability
3.3 Paragraph 1(b)
3.4 Paragraph 1(c): Are free to Leave Any Country, Including Their Own
3.5 Paragraph 1(d)
4 Paragraph 2
Art.19 Living Independently and Being Included in the Community
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Article 19: Chapeau
3.1 Measures Appropriate and Effective
3.2 De-Institutionalization
3.3 The Conjunction of Article 19 with Other CRPD Provisions
3.4 The Israeli Panel of Experts Paradigm
Q1: What are the various residential options for people with intellectual disability (ID) in other relevant countries? And, how does Israel stand in comparison to these countries? In other words, what is the appropriate standard for residential facilities?
Q2: Should Israel regulate the location of residences (zoning) for people with ID?
Q3: What should be the services provided to families in the community?
Q4: What should the State of Israel do with large residences (institutions) for people with ID?
Q5: How may Israel be ten years from now?
4 Paragraph (a)
5 Paragraph (b)
6 Paragraph (c)
Art.20 Personal Mobility
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
2.1 Interrelationship between Article 20 and other CRPD Articles
3 Paragraph 1
3.1 Effective Measures
3.2 Personal Mobility
3.3 Greatest Possible Independence
4 Paragraph (a)
4.1 Affordable Cost
5 Paragraph (b)
5.1 Quality
5.2 Mobility Aids, Devices, Assistive Technologies
5.3 Live Assistance
5.4 Intermediaries
5.5 Affordable Cost
6 Paragraph (c)
7 Paragraph (d)
Art.21 Freedom of Expression and Opinion, and Access to Information
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1 (Chapeau)
4 Subparagraph (a)
5 Subparagraph (b)
6 Subparagraph (c)
7 Subparagraph (d)
8 Subparagraph (e) ‘Recognizing and promoting the use of sign languages’
Art.22 Respect for Privacy
Preliminary Material
1 Introduction and Background
2 Travaux Préparatoires
3 Paragraph 1
3.1 No Person with Disabilities
3.2 Regardless of Place of Residence or Living Arrangement
3.3 Arbitrary or Unlawful Interference
3.4 Unlawful
3.5 Arbitrary
3.6 Purpose
3.7 Public and Private Action
3.8 Privacy, Family, Home, Correspondence, and Communication
3.9 Privacy
3.10 Family
3.11 Home
3.12 Correspondence and Communication
3.13 Unlawful Attacks on Honour and Reputation of Persons with Disabilities
3.14 Right to Protection of Law Against Interference
4 Paragraph 2
4.1 Protection of Personal, Health, and Rehabilitation Information on an Equal Basis with Others
4.2 EU General Data Protection Regulation
Art.23 Respect for Home and the Family
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 Effective and Appropriate Measures to Eliminate Discrimination
3.2 All Matters Relating to Marriage, Family, Parenthood, and Relationships
3.3 On an Equal Basis with Others
4 Paragraph 1 (a)
5 Paragraph 1 (b)
6 Paragraph 1 (c)
7 Paragraph 2
8 Paragraph 3
9 Paragraph 4
10 Paragraph 5
Art.24 Education
Preliminary Material
1 Introduction and Background
2 Travaux Préparatoires
3 Paragraph 1 (Chapeau): The Right of Persons with Disabilities to Education
4 Paragraph 2
4.1 Paragraph 2(a): Non-Exclusion
4.2 Paragraph 2(b): Accessibility
4.2.1 Access to an Inclusive, Quality, and Free Primary Education and Secondary Education on an Equal Basis
4.2.2 On an Equal Basis with Others in the Communities in which They Live
4.3 Paragraph 2(c): Reasonable Accommodation
4.4 Paragraph 2(d): Individualized Support
4.5 Paragraph 2(e): The Educational Environment
4.5.1 Full Inclusion
4.5.2 Full Inclusion as Totally Supportive Environments
4.5.3 Special Education
4.5.4 The Right to Choose a School
5 Paragraph 3
5.1 Accessibility
5.2 Environments which Maximize Academic and Social Development for Students with Sensory Disabilities
5.3 Appropriate Measures—Facilitating Learning
5.4 Narrow View of Appropriate Measures
6 Paragraph 4
6.1 Appropriate Measures—Teacher Training
6.2 Prioritizing Certain Disabilities
7 Paragraph 5: Tertiary Education and Life-Long Learning
Art.25 Health
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Article 25 (Chapeau)
3.1 Reasonable Accommodation
3.2 Health Services that Are Gender-Sensitive
4 Paragraph (a)
5 Paragraph (b)
6 Paragraph (c)
7 Paragraph (d)
7.1 Free and Informed Consent
7.2 The Interaction between Article 12 and Article 25
7.3 Human Rights Training of Health Professionals
8 Paragraph (e)
9 Paragraph (f)
Art.26 Habilitation and Rehabilitation
Preliminary Material
1 Introduction
2 Background
3 Travaux Préparatoires
4 Paragraph 1 (Chapeau)
4.1 ‘organize, strengthen and extend comprehensive habilitation and rehabilitation services’
4.2 ‘particularly in the areas of health, employment, education and social services’
5 Paragraph 1(a)
6 Paragraph 1(b)
7 Paragraph 2
8 Paragraph 3
8.1 Women, Children, Older Persons, and Migrants with Disabilities
Art.27 Work and Employment
Preliminary Material
1 Introduction
2 Background
3 Travaux Préparatoires
4 Paragraph 1: Chapeau
4.1 Sub-paragraph 1(a)
4.2 Sub-paragraph 1(b)
4.2.1 Equal Remuneration for Work of Equal Value
4.2.2 Safe and Healthy Working Conditions
4.2.3 Equal Opportunity to Be Promoted
4.2.4 Rest, Leisure, Working Hours, and Holidays
4.2.5 Protection from Harassment
4.2.6 Remedies and Redress of Grievances
4.3 Sub-paragraph 1(c)
4.4 Sub-paragraph 1(d)
4.5 Sub-paragraph 1(e)
4.5.1 The State Obligation to Counter Exclusion by Promoting Employment
4.6 Sub-paragraph 1(f)
4.7 Sub-paragraph 1(g)
4.8 Sub-paragraph 1(h)
4.9 Sub-paragraph 1(i)
4.10 Sub-paragraph 1(j)
4.11 Sub-paragraph 1(k)
5 Paragraph 2
Art.28 Adequate Standard of Living and Social Protection
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 Adequate Standard of Living
3.2 Their Families
3.3 Adequate Food, Clothing, and Housing
3.4 Continuous Improvement of Living Conditions
3.5 Appropriate Steps
4 Paragraph 2
4.1 Social Protection
5 a. To ensure equal access by persons with disabilities to clean water …
5.1 Equal Access
5.2 Clean Water Services
5.3 Access to Appropriate and Affordable Services, Devices, and other Assistance for Disability-Related Needs
6 b. To ensure access … in particular women and girls with disabilities and older persons with disabilities, to social protection programmes …
6.1 Access
6.2 Women and Girls with Disabilities
6.3 Older Persons with Disabilities
6.4 Social Protection Programmes and Poverty Reduction Programmes
7 c. To ensure access … to assistance from the State with disability-related expenses, including adequate training …
7.1 Situations of Poverty
7.2 Assistance from the State
7.3 Disability-Related Expenses
8 d. To ensure access by persons with disabilities to public housing programmes
9 e. To ensure equal access by persons with disabilities to retirement benefits and programmes
Art.29 Participation in Political and Public Life
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Article 29 Chapeau
3.1 Exclusions or Restrictions in the Chapeau
3.2 Legal Capacity
4 Paragraph (a)
4.1 Participation
4.2 Participate Directly (Right to Vote) or through Representatives (to Be Elected)
5 Paragraph (a)(i)
5.1 Accessible Voting
5.2 Accessibility
5.3 Equality in Voting Procedures
6 Paragraph (a)(ii)
7 Paragraph (a)(iii)
7.1 Assistance in Voting
7.2 Article 29(a) Exclusion and/or Restrictions to the Right to Vote and Be Elected
8 Paragraph (b)
8.1 Effective and Fully Participate in the Conduct of Public Affairs
9 Paragraph (b)(i) and (ii)
Art.30 Participation in Cultural Life, Recreation, Leisure, and Sport
Preliminary Material
1 General Introduction
2 Background
3 Travaux Préparatoires
4 Paragraph 1
4.1 Paragraph 1 (Chapeau)
4.1.1 The Right to Take Part in Cultural Life
4.1.2 Culture as a ‘way of life’ and Implications on the ‘cultural space’
4.1.3 Appropriate Measures to Ensure Access to Culture
4.1.4 National Accessibility Plans
4.2 Paragraph (1)(a)
4.3 Paragraph (1)(b)
4.4 Paragraph (1)(c)
5 Paragraph 2
5.5.1 To Develop and Utilize One’s Creative, Artistic, and Intellectual Potential
5.5.2 Eliminating Social Barriers and Promoting an Inclusive Society
5.5.3 Providing Equal Opportunities in the Field of Culture
6 Paragraph 3
6.1 The Debates on Intellectual Property in the Travaux
6.2 ‘all appropriate steps’
6.3 ‘in accordance with international law’
6.4 Laws Protecting Intellectual Property Rights
6.5 ‘unreasonable or discriminatory barrier to access cultural materials’
7 Paragraph 4
7.1 ‘Cultural identity’
7.1.1 Meaning and Scope
7.1.2 States’ Obligations (‘recognition and support’)
7.1.3 Interpretation and Practice under the CRPD
7.2 Sign Languages
7.3 Deaf Culture
7.4 Linguistic Identity
7.4.1 Meaning and Scope
7.4.2 States Obligations (‘recognition and support’)
7.4.3 Interpretation and CRPD-Related Practice
8 Paragraph 5
8.1 Chapeau
8.1.1 ‘enabling participation in sport, leisure and recreation’
8.1.2 ‘leisure and recreation’
8.1.3 ‘sporting activities’
8.2 Paragraph 5(a)
8.2.1 ‘mainstreaming’
8.3 Paragraph 5(b)
8.3.1 ‘organise, develop and participate’
8.3.2 ‘appropriate instruction, training and resources’
8.4 Paragraph 5(c)
8.4.1 Accessible Tourism
8.5 Paragraph 5(d)
8.6 Paragraph 5(e)
Art.31 Statistics and Data Collection
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 ‘Undertake to collect’
3.2 ‘Appropriate information’
3.3 ‘Give effect’ to the CRPD
4 Paragraph 1(a)
4.1 Legally Established Safeguards
4.2 Data Protection
5 Paragraph 1(b): ‘internationally accepted norms’
6 Paragraph 2
6.1 ‘disaggregated’
6.2 ‘assess the implementation’
7 Paragraph 3
7.1 ‘Dissemination’ and ‘Accessibility’
7.2 Indicators as a Tool to Implement and Monitor the CRPD
Art.32 International Cooperation
Preliminary Material
1 Introduction and Background
2 Travaux Préparatoires
3 Paragraph 1: Chapeau
3.1 ‘[s]uch measures could include, inter alia’
3.2 Paragraph 1(a)
3.3 Paragraph 1(b)
‘Exchange and sharing of information, experiences, training programmes and best practices’
3.4 Paragraph 1(c)
3.5 Paragraph 1(d)
4 Paragraph 2
4.1 The Interpretive Arc of Article 32
4.2 CRPD Committee Practice in Overseeing the Implementation of Article 32
4.3 Whither Disability Inclusion as a Necessary Element of Sustainable Development?
Art.33 National Implementation and Monitoring
Preliminary Material
1 Introduction
2 Background and Interpretative Approach
3 Travaux Préparatoires
4 Paragraph 1
4.1 ‘shall designate one or more focal points within government’
4.2 ‘one or more’
4.3 ‘a coordination mechanism within government’
4.4 ‘shall give due consideration’
5 Paragraph 2
5.1 ‘the principles relating to the status and functioning of national institutions for protection and promotion of human rights’
5.2 ‘shall take into account’
5.3 ‘maintain, strengthen, designate or establish within the State Party, a framework’
5.4 Independence
5.4.1 Independence of the ‘mechanism’
5.4.2 Degree of Independence of Other Framework Components
5.5 Persons with Disabilities as Framework Agents
5.6 Monitoring
5.7 Fact-Finding and Indicators
5.8 Adequately Resourced
5.9 The Potential Role of National Human Rights Institutions
5.9.1 Monitoring Function: An Important Addition to the NHRI Mandate
5.9.2 Further Resources
5.9.3 The Actual Experience by NHRIs
5.10 Cooperation between the Framework and the CRPD Committee
6 Paragraph 3
6.1 Scope
6.2 Views of the CRPD Committee
6.3 ‘in the monitoring process’
6.4 ‘civil society’
6.5 ‘in particular persons with disabilities and their representative organizations’
6.6 Participation in the Monitoring Framework: Institutional Solutions
6.7 Implementation by the European Union (Sentences 1–3)
Art.34 Committee on the Rights of Persons with Disabilities
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
4 Paragraph 2
5 Paragraph 3
5.1 ‘when nominating their candidates, States Parties …’
6 Paragraph 4
6.1 ‘equitable geographic distribution’
6.2 ‘balanced gender representation’
6.3 ‘participation of experts with disabilities’
7 Paragraph 5
8 Paragraph 6
9 Paragraph 7
10 Paragraph 8
11 Paragraph 9
12 Paragraph 10
13 Paragraph 11
14 Paragraph 12
15 Paragraph 13
Art.35 Reports by States Parties
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 The Requirement of a Country Report within Two Years of Ratification
3.2 The Requirement of a Comprehensive Report
3.2.1 A Comparison of Compliance with Article 35’s Reporting Requirements and the Reporting Requirements of Other Treaties
4 Paragraph 2: The Requirement of a Country Report Every Four Years after the Initial Report
5 Paragraph 3
5.1 The CRPD Committee’s Guidelines
6 Paragraph 4
6.1 A ‘Comprehensive’ Report as a Result of an ‘Open’ and ‘transparent process’
6.2 Best Practices Identified in Concluding Observations
6.3 Shadow Reports
7 Paragraph 5: ‘Indicate factors and difficulties affecting the degree of fulfilment of obligations under the present Convention by States Parties’
Art.36 Consideration of Reports
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 ‘Each report shall be considered by the Committee’
3.1.1 Constructive Dialogue
3.1.2 List of Issues
3.1.3 Country Rapporteur
3.1.4 Simplified Reporting Procedure
3.2 ‘which shall make such suggestions and general recommendations on the report as it may consider appropriate’
3.2.1 Concluding Observations
3.2.2 Follow-up to Concluding Observations
3.2.3 Early Awareness and Urgent Action Procedures
3.3 ‘shall forward these to the State Party concerned’
3.4 ‘The State Party may respond with any information it chooses to the Committee’
4 Paragraph (2)
4.1 ‘If a State Party is significantly overdue in the submission of a report’
4.2 ‘reliable information’
5 Paragraph (3)
6 Paragraph (4)
7 Paragraph (5)
7.1 ‘to the appropriate specialised agencies, funds and programmes of the United Nations’
7.2 ‘and other competent bodies’
7.3 ‘request or indication of a need’
7.4 ‘technical advice or assistance’
7.5 ‘along with the Committee’s observations and recommendations, if any’
Art.37 Cooperation between States Parties and the Committee
Preliminary Material
1 Introduction
2 Background, Context, and Travaux Préparatoires
3 Paragraph 1
3.1 The Committee and its Members
3.2 The Mandate
3.3 Cooperation with Reporting
3.4 Cooperation with General Comments
3.5 Cooperation with the Early Awareness and Urgent Action Procedures
3.6 Cooperation with the Communication Process
3.7 Cooperation with the Inquiry Process
4 Paragraph 2
4.1 ‘The Committee shall give due consideration to … enhancing national capacities’
4.2 Ways and Means
4.3 Enhancing National Capacities for Implementation
4.4 Including through International Cooperation
4.5 Implications in Relation to Reporting
4.6 Implications for the Communication Process
4.7 Implications for the Inquiry Process and the ‘early awareness and urgent action procedures’
Art.38 Relationship of the Committee with Other Bodies
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Chapeau
4 Paragraph (a)
4.1 Specialized Agencies
4.2 UN Organs
4.3 Other Competent Bodies
4.4 Role and Function of Other Bodies
4.5 ‘invitation’
4.6 ‘within the scope of their mandate’
4.7 Submission of Written and Oral Information by NGOs
5 Paragraph (b)
5.1 ‘shall consult’
Art.39 Report of the Committee
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 Reporting Requirement
3.2 Suggestions and General Recommendations
3.3 Formulation of CRPD General Comments
3.4.1 General Comment No 1 (2014) on Equal Recognition before the Law
3.4.2 General Comment No 2 (2014) on Accessibility
3.4.3 General Comment No 3 (2016) on Women and Girls with Disabilities
3.4.4 General Comment No 4 (2016) on the Right to an Inclusive Education
3.4.5 General Comment No 5 on the Right to Live Independently and Be Included in the Community
3.5 The Inquiry Procedure
Art.40 Conference of States Parties
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 Legal Personality
3.2 Organization of the Conference
3.2.1 Sources
3.2.2 Organization
3.2.3 Meetings
3.3 Competence of the Conference
4 Paragraph 2
Art.41 The Secretary-General of the United Nations Shall Be the Depositary of the Present Convention
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Functions of Depositaries
4 Powers of Depositaries
5 Depositary Notifications
6 The Obligation to Notify the Depositary under Article 44(1) CRPD
Art.42 Signature
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 ‘Signature’ of a Treaty
3.1 Signature by Regional International Organizations
4 Effect of Signature
5 ‘all states’
5.1 Indefinite Signature Duration
Art.43 Consent to Be Bound
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Ratification, Acceptance, and Approval
4 Definitive Signature
5 Accession by Any State
5.1 Ratification and Accession by International Organizations
Art.44 Regional Integration Organizations
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 ‘Regional Integration Organizations’ and their ‘Competence’
4 Paragraph 2
4.1 References to ‘States Parties’
5 Paragraph 3
5.1 Non-applicability of RIO Instruments to Articles 45 and 47
6 Paragraph 4
6.1 Voting in the Conference of States Parties
Art.45 Entry Into Force
Preliminary Material
1 Introduction
2 Travaux Préparatoires and Background
3 Paragraph 1
3.1 The Date of Deposit
4 Paragraph 2
Art.46 Reservations
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Paragraph 1
3.1 Reservations Incompatible with the Object and Purpose of the CRPD
3.2 Reservations against Particular Rights
3.3 Reservations Concerning Political or Administrative Organization
3.4 Reservations to the CRPD by International Organizations
4 Paragraph 2
Art.47 Amendments
Preliminary Material
1 Introduction
2 Travaux Préparatoires
3 General Overview
4 Paragraph 1
4.1 ‘Proposals for amendment will be submitted to the UN Secretary-General …’
4.2 ‘When so notified by States Parties, the Secretary-General shall convene …’
5 Paragraph 2
6 Paragraph 3
7 Optional Protocol to the Convention on the Rights of Persons with Disabilities
7.1 Article 15 CRPD Optional Protocol
Art.48 Denunciation
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Denunciation, Un-Signing, and Reservations
3.1 Scope of Denunciation
3.2 Notification to the Depositary
3.3 Legal Effect of Denunciation
3.4 Denunciation by an International Organization
Art.49 Accessible Format
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 The Provision
Art.50 Authentic Texts
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Conflicts between Authentic Texts
3.1 Erroneous Text
4 Authentic Texts and Subsequent Translations
5 The CRPD Committee’s Working Languages
Optional Protocol to the Convention on the Rights of Persons with Disabilities
Preliminary Material
1 Introduction
2 Background and Travaux Préparatoires
3 Article 1
3.1 Paragraph 1
3.1.1 Locus standi and Victim Requirement
3.1.2 On Behalf
3.1.3 Jurisdiction ratione personae
3.2 Paragraph 2
4 Article 2
4.1 ‘Anonymous’
4.2 ‘Abuse of the Right of Submission of Such Communications or Incompatibility with the Provisions of the Convention’
4.3 ‘The Same Matter Has Already Been Examined by the Committee or Has Been or Is Being Examined under Another Procedure of International Investigation or Settlement’
4.4 ‘All Available Domestic Remedies Have Not Been Exhausted. This Shall Not Be the Rule Where the Application of the Remedies is Unreasonably Prolonged or Unlikely to Bring Effective Relief’
4.5 ‘It Is Manifestly Ill-Founded or Not Sufficiently Substantiated’
4.6 ‘The Facts that Are the Subject of the Communication Occurred Prior to the Entry into Force of the Present Protocol for the State Party Concerned Unless those Facts Continued After that Date’
5 Article 3
5.1 Organization and Working Methods
5.2 Pre-Registration
5.3 Registration
5.4 Transmission to the State Party
5.5 Observations on Admissibility and Merits
6 Article 4
6.1 Working Methods Related to Interim Measures
6.2 Scope of Interim Measures
6.3 Monitoring of Interim Measures Requests
7 Article 5
7.1 Procedure of Examination on the Merits and Adoption of Views
7.2 Legal Status of Views
7.3 Remedies
7.4 Follow-up
8 Articles 6 and 7
9 Article 8
Further Material
Index
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Table of Legislation
Ilias Bantekas, Dimitris Anastasiou, Michael Ashley Stein
From:
The UN Convention on the Rights of Persons with Disabilities: A Commentary
Edited By: Ilias Bantekas, Michael Ashley Stein, Dimitris Anastasiou
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Oxford Commentaries on International Law
Published in print:
01 November 2018
ISBN:
9780198810667
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