UNCRC and UN Convention on the Rights of Persons with

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Legal analysis of article 7 of the convention on the rights of persons with disabilities: children with disabilities

Legal analysis of article 7 of the convention on the rights of persons with disabilities: children with disabilities

In R.P. and others v. the United Kingdom [2012] the European Court decided on the legitimation of the appointment of Official Solicitor to represent a mother with learning disabilities in a child care proceeding, in relation to the ability of the mother to provide the necessary care to her child, who was a premature baby and had a number of serious medical conditions requiring constant care. The Court decided the case on Article 6.1 of the European Convention on Human Rights, right to a fair trial in civil proceedings. However, the Court referred to the Convention on the Rights of Persons with Disabilities, in particular Articles 1, 5, 12, 13 and 23 59 . Although it was not named Article 7, Article 23, as we said above, is directly linked with Article 7. In this case, the link is because Article 23.2 and 4 establishes that the best interests of the child shall be of the most importance in order to decide with regard to guardianship, wardship, trusteeship, adoption of children or similar institutions; and also that the separation of the child from his or her parents against their will can only be done if it is necessary for the best interests of the child. Thus, although in this case were directly involved other Articles of the Convention, it is important to note that the paramount importance of the child bests interests does that this principle always has a decisive influence when the decision affects a child. In this line, the European Court asserted “…However, the Court accepts that the best interests of K.P. [K.P. was the child who was born prematurely] were the touchstone by which the domestic courts would assess the case. Thus, in determining whether a case was arguable or not, it was necessary for the Official Solicitor to consider what was in K.P.’s best interests…” 60 .
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Enacting The Spirit Of The United Nations Convention On The Rights Of Persons With Disabilities:  The Role Of Postsecondary Faculty In Ensuring Access

Enacting The Spirit Of The United Nations Convention On The Rights Of Persons With Disabilities: The Role Of Postsecondary Faculty In Ensuring Access

The UN (2006) Convention on the Rights of Persons With Disabilities has laid a critical foundation for accessible education throughout the world. It has established definitions that can be understood across cultures and has increased awareness and implementation of universal design. However, it will require the efforts of all educators, as well as policy makers, communities, families, and peers to eliminate the achievement gap among and within nations and make equity in education a reality. The challenges for postsecondary education are considerable, and given the proportion of persons with disabilities who do not complete secondary education, it is imperative that those who are qualified have the opportunity for access to – and success in – higher education. Good intentions on the part of administrators, faculty, and staff are not enough. Institutions should provide the professional development needed to support all faculty in developing the skills to create fully accessible learning environments. Meanwhile, faculty members must take responsibility for availing themselves of training opportunities or seeking out the information needed if such opportunities are not provided. The resources cited in this paper can assist faculty members in serving as change agents to enact the spirit of the UN Convention.
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International Convention on the Rights of Persons with Disability: Disability Inclusive Development and International Development Cooperation

International Convention on the Rights of Persons with Disability: Disability Inclusive Development and International Development Cooperation

For the last two decades, persons with disabilities, their associates and professionals working in this field have promoted their human rights, equality, nondiscrimination and full participation. This Convention is beyond the concept of non-discrimination, and it is very comprehensive in its structure, scope and coverage, promoting developmental activities too in order to realize disabled people’s socio-economic rights. Furthermore it calls for international and regional development cooperation. Prior to its adoption, in September 2000 at the Millennium Summit the Member States of the Untied Nations issued the Millennium Declaration, committing themselves to a series of development targets, most of which are to be achieved by 2015. Known as the Millennium Development Goals (MDGs), they represent a framework for achieving sustainable and "just" human development through broadening the benefits of development for all categories individuals, women and men, the poor and the rich, the disabled and the non-disabled. The very first goal of the MDG is the eradication of extreme poverty and hunger. Poverty is both a cause and consequence of disability. Poverty and disability reinforce one another. Thus, it is necessary to ensure that persons with disabilities be an integral part of efforts to achieve MDGs, particularly in the areas of poverty alleviation, primary education, gender, employment and international development cooperation. In the Asian and Pacific region, the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP) has proclaimed two decades of disabled persons 1993-2002, and 2003-2013 (to which Iran became a signatory in 1994), and promoted the inclusive, barrier-free and rights-based society for persons with disabilities, together with a regional guidelines composed of several priorities and implementation mechanisms (including poverty alleviation of persons with disabilities, and regional and inter-regional cooperation). This article describes, form development cooperation perspective, the developmental characteristics of the Convention and highlights the convergence among the Convention, MDGs and the ESCAP decade’s goals contained in the Biwako Millennium Framework for Action (BMF),.
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The Impact of the International Convention on the Rights of Persons with Disabilities on Qatari Domestic Legislation

The Impact of the International Convention on the Rights of Persons with Disabilities on Qatari Domestic Legislation

The question of the legal capacity of persons with disabilities was one of the most controversial topics in the negotiations that led to the Convention. Evidence of this is that during one of the sessions, the eighth, the Convention was approved with a footnote to the relevant article that read, "In Arabic, Chinese and Russian, the term 'legal capacity' refers to 'legal capacity for rights', not the 'legal capacity to act'". Finally, after a complex negotiation process, it was decided to suppress the footnote referred to above. In general terms, the discussion centered on the adoption of two possible approaches: the first, and older of the two, adopted the "model of substitution in the taking of decisions" with its implied distinction between the capacity for rights and the capacity to act, thus perpetuating the condition of guardianship (or the equivalent status in each of the States Parties) as an essential instrument. The other, a really novel view, in accordance with the social model, adopted the "model of assistance in the taking of decisions". This meant that a new legal status would have to be found, the basis of which would be providing support in the taking of decisions instead of substituting the
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The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law

The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law

A disability-neutral preventive detention statute further poses particular problems for countries that are signatories to the European Convention on Human Rights. Article 5 of the ECHR prohibits deprivations of liberty except in specific circumstances, including the ‘lawful detention of … persons of unsound mind’. 75 No other exception in Article 5 could be used to justify a preventive detention statute, and for States Parties to the ECHR, the High Commissioner’s generalist approach cannot be implemented. To comply with both Conventions, if the prevailing interpretations are correct, it would seem that preventive detention of people with mental disabilities is not legally possible. People with mental disabilities could admit themselves into hospital if they wished to do so, but there would be no mechanism to compel them to do so. This would be a hard sell to governments, to medical stakeholders, to many family carers, and to broader society. Certainly, a great deal more can be done by way of engagement with people with mental disabilities on a voluntary basis, but the overwhelming social perception at this time is that in hard cases, this may not be enough. If people are actually acting in a fashion dangerous to others, criminal law could presumably be invoked to control them; but this will result in a detention in a police cell, gaol or prison – not a particularly humane place to detain someone with a mental disability. It is also fair to ask whether in these circumstances it really makes sense to process someone through the criminal
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The impact of article 12 of the convention on the rights of persons with disabilities  on Qatar´s private law

The impact of article 12 of the convention on the rights of persons with disabilities on Qatar´s private law

Abstract: Article 12 of the Convention on the Rights of Persons with Disabilities provides that persons with disabilities are entitled to full legal capacity on an equal basis with others and obliges State Parties to provide access to the support that they may require exercising this legal capacity. This paper analyzes the main implications of this Article and its impact on Qatar´s legal system, focusing on the general regulation of legal capacity and provisions in the domain of Private Law, including Family Law. We examine how Qatar´s legislation needs to be adapted to the new paradigm of the CRPD, overcoming preconceptions based on the medical model and assistencialism, which is focused on protection, and moving towards the social model and the human rights approach, aimed at promoting the autonomy of persons with disabilities. To comply with Article 12, Qatar must review the legal provisions that allow the deprivation or restriction of legal capacity on the basis of disability and that require “be[ing] of sound of mind” as a condition to perform legal acts or to exercise rights. Qatar must also take action to replace regimes of substituted decision-making with supported decision-making – extending some support mechanisms available in current legislation – and to ensure the respect of the person’s will and preferences.
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Is the UN Convention on the Rights of Persons with Disabilities Impacting Mental Health Laws and Policies in High-Income Countries? A Case Study of Implementation in Canada

Is the UN Convention on the Rights of Persons with Disabilities Impacting Mental Health Laws and Policies in High-Income Countries? A Case Study of Implementation in Canada

Numerous scholars have also noted problematic trends in mental health law in Canada and internationally. These include: a lack of legislation governing the com- mitment and treatment of persons with psychosocial dis- abilities in healthcare facilities; inadequate policies regarding judicial review mechanisms available to per- sons facing commitment and institutionalization; a fail- ure to provide humane care to institutionalized persons; and a lack of integrated community programs as alterna- tives to institutional treatment [95]. These concerns are deepened in light of the CRPD’s limited enforcement mechanisms, which have been criticized as creating a self-directed state supervision system or a “fox guarding the henhouse” dilemma [95]. However, the success of civil society organizations in raising the political prioritization of disability rights in Canada has promis- ing implications for developments in the future. The for- mation of the Mental Health Commission of Canada and its many initiatives illustrates how the full realization of disability rights deriving from international conventions will require strong governmental leadership and cross-sectional partnerships. Without a central inde- pendent monitoring mechanism in Canada, the onus falls on the courts, tribunals, provincial/territorial bod- ies, and civil society organizations to speak up against gaps in the Convention’s implementation.
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Implementing the international convention on the rights of persons with disabilities in Qatar: from charity to human rights

Implementing the international convention on the rights of persons with disabilities in Qatar: from charity to human rights

Qatar ratified the CRPD in 2008. Qatar should be confident that several factors place the country on a solid footing to face the challenges of fully implementing the CRPD. Qatar's leadership has shown the moral sensitivity and political willingness to further the rights of persons with disabilities in accordance with the Convention. This commitment is evidenced by the reforms already implemented to enhance liberties and human rights in general, epitomized by the human rights offices in the Ministries of Interior and Foreign Affairs, together with the National Human Rights Committee, created in 2002. More specifically, the Ministry of Labor and Social Affairs has a directorate dedicated to the elderly and persons with disabilities, to protect the rights of these vulnerable groups. These are impressive structural efforts, which create an auspicious context for the implementation of the CRPD.
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"Beyond Negative Interpretations of Freedom of Contract: The Interplay between Private Law and Human Rights in Light of the UN Convention on the Rights of Persons with Disabilities".

"Beyond Negative Interpretations of Freedom of Contract: The Interplay between Private Law and Human Rights in Light of the UN Convention on the Rights of Persons with Disabilities".

Capacity: Mental Capacity and Support Paradigms’ (2015) 40 International Journal of Law and Psychiatry 80, at 85; Piers Gooding, Anna Arstein-Kerslake and Eilionóir Flynn, ‘Assistive Technology as Support for the exercise of Legal Capacity’ (2015) 29 International Review of Law, Computers and Technology 245, at 251; Tina Minkowitz, ‘Abolishing Mental Health Laws to Comply with the Convention on the Rights of Persons with Disabilities’ in Bernadette McSherry and Penelope Weller (eds), Rethinking Rights-Based Mental Health Laws (Oxford: Hart 2010), 160; Eilionóir Flynn, ‘Mental (in)Capacity or Legal Capacity: A Human Rights Analysis of the Proposed Fusion of Mental Health and Mental Capacity Law in Northern Ireland’ (2013) 64 Northern Ireland Legal Quarterly 485, 498.
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Understanding Disability under the Convention on the Rights of Persons with Disabilities and Its Impact on International Refugee and Asylum Law

Understanding Disability under the Convention on the Rights of Persons with Disabilities and Its Impact on International Refugee and Asylum Law

Using a human rights framework to adjudicate asylum claims offers many benefits, including greater uniformity and consistency of outcomes across jurisdictions. Within the human rights framework, the CRPD provides crucial guidance for adjudicators on applications concerning persons with disabilities. The CRPD offers applicants with disabilities a more precise and clear map with which to navigate the complexities of the asylum process in a given state. First, the CRPD makes the showing of a well-founded fear of persecution more accessible to persons who may otherwise have faced unfair and unique challenges to such an evidentiary standard. Second, the CRPD allows applicants with disabilities to more easily identify as a particular social group, and to mitigate some of the challenges presented by cultural variations in perception. This also allows them to link the persecution they experience to a Refugee Convention category.
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Impact of the UN convention on the rights of persons with disabilities (UN CRPD) on mental health care research   a systematic review

Impact of the UN convention on the rights of persons with disabilities (UN CRPD) on mental health care research a systematic review

Moreover, there is a paucity of research about the im- plementation of the convention into national legislation. Battams and Henderson [20] provide such a study for the context of Australia and Kleintjes et al. [21] analyse the specific aspect of mental health care user participa- tion in policy development and implementation. While there is a multitude of articles in the judicial realm ana- lysing and discussing the implementation of the UN- CRPD, there is a lack of empirical studies concerned with this question. Also studies investigating attitudes towards the rights in the UN-CRPD and capturing the awareness of those rights are still rare. McConkey and Leavey [22] provide such a study specifically for Irish attitudes towards the right to sexual fulfilment of per- sons with intellectual disability. Angermeyer et al. [23] have a broader scope investigating general changes in public attitudes towards restrictions on mentally ill people. Gobrial’s [24] study analyses the public aware- ness of children’s rights with intellectual disability in Egypt. While those studies are interesting on their own, they just offer insights on specific attitudes about particular rights. There is lack of studies capturing the general awareness of the convention and general atti- tudes towards its meaning in the population. Finally, there are some remarkable attempts to develop instru- ments to capture the realisation of the UN-CRPD. While Nomidou’s [25] study is based on the World Health Organization (WHO) QualityRights toolkit, Aznar et al. [26] have developed a particular instrument called ISR- PID to capture the realisation of the rights of persons with intellectual disabilities. Similarly, Randall et al. [27] have developed the Institutional Treatment, Human Rights and Care Assessment (ITHACA) toolkit which al- lows a systematic monitoring of the rights enshrined in the UN-CRPD. Those instruments have a huge potential to serve as a base for further studies investigating the realisation of the convention ’ s rights.
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The United Nations Convention on the Rights of Persons with Disabilities and its Effects on the Promotion of Elite Disability Sport: A Worldwide Analysis

The United Nations Convention on the Rights of Persons with Disabilities and its Effects on the Promotion of Elite Disability Sport: A Worldwide Analysis

Since the first half of the twenty century, the widespread consideration of access to leisure and sport for PwD from the human rights perspective in a plethora of countries (see Donnelly 2008; Roy 2007; Misener and Darcy 2014; Paramio-Salcines, Prieto and Llopis-Goig 2018; Veal 2015) has led to the promulgation of a substantial body of international declarations and legislations. Looking back in retrospect, the United Nations Declaration of Human Rights (1948) along with other documents have been influential on promoting human rights for many groups, though the rights of PwD, as Darcy and Taylor (2009) remark, were not specifically mentioned in this declaration. Thereafter, the United Nations Declaration on the Rights of Disabled Persons (1975) and especially the International Year of Disabled Persons (IYD) are valued as the genesis of the promotion of human rights for PwD. In the meantime, the ‘Sport for All’ movement, promoted officially by the European Council in 1966, has also contributed to promoting policies and programmes to facilitate equality of access and encourage participation not only for mass participation but also competitive sport for this ‘priority group’ in many countries over the last decades. However, the United Nations Convention on the Rights of Persons with Disabilities (hereafter UNCRPD), passed in December 2006, represents the first legally binding instrument that urges governments throughout the world to take proactive and responsive policies, including legislation, to ensure specifically the right of PwD “to participate on an equal basis with others in recreational, leisure and sporting activities” (article 30.5.c) (United Nations 2006; see also Darcy and Taylor 2009; Misener and Darcy 2014). In this paper, human rights are defined, following Keywood (2000: 131), as “rights to which people are entitled by virtue of being human…and are universal, fundamental and absolute. […] They are universal as they belong to all human everywhere, regardless of nationality, ethnic or racial origin, social background, impairments and so on. They are fundamental as human rights can be denied or violated but a human being´s entitlement to them cannot be removed”. As part of the general obligations of those signatory countries of the UNCRPD, with 172 countries 4 in October 2017 (United Nations, 2016; European Disability Forum, 2017), governments are responsible for delivering elite disability sport 5 (DePauw and Gavron 2005; Misener and Darcy 2014; Thomas and Smith
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THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

• The Convention was necessary to address more comprehensively the chal- lenges facing persons with disabilities and to better protect and promote their rights through a legally binding instru- ment. In 2001, OHCHR commissioned a study on the rights of persons with dis- abilities and the existing human rights system. The study concluded that exist- ing instruments and mechanisms were not paying sufficient attention to the promotion and protection of the rights of persons with disabilities; that the absence of an explicit legal protection of persons with disabilities represented a gap; that a human rights approach required reinforcing certain concepts to replace or clarify previous standards. For example, the right to free and com- pulsory education for persons with dis- abilities means the right to an inclusive education, to be enjoyed with the other members of society. Existing treaties did not make this clear. It was therefore crucial to review some of the previous approaches and adopt a legally bind- ing instrument that could provide clarity to human rights concepts and standards as well as set out clear legal obligations on States. The study also underlined that persons with disabilities and their repre- sentative organizations were not using existing human rights standards and mechanisms, such as petitions systems under human rights treaties, to protect and promote their rights. This reaffirmed the need for a disability-specific human rights treaty.
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The convention on the rights of persons with disabilities (CRPD) and Qatar's domestic legislation: the potential impact on the main legal domains

The convention on the rights of persons with disabilities (CRPD) and Qatar's domestic legislation: the potential impact on the main legal domains

HMC's policy on informed consent, in turn, mentions a procedure in cases when an interpreter is needed. This protection should be interpreted broadly in order to assist persons with sensorial or mental disabilities (including psychosocial and intellectual disabilities) whose communication problems require the use of special languages such as sign language or other supports. In general it is possible to extend the protection of persons with disabilities by expanding, through interpretation to clinical care, the existing policies of the Qatar Regulations and Guidelines for Research Involving Human Subjects 21 , which consider “handicapped” or “mentally disabled” persons as vulnerable persons. HMC's Policy CL 7221 on the Care of Vulnerable Patient Population only refers explicitly to “patients with emotional or mental illness”, but persons with intellectual disabilities may be also included. So, the accommodations provided by this Policy, in our criteria, could be incorporated by use and practice; therefore, although a written interpretative policy would be desirable, we do not consider it absolutely essential. In our view, progressive, CRPD- compliant policies can be applied using existing HMC regulations.
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Reproductive Justice, Public Policy, and Abortion on the Basis of Fetal Impairment:  Lessons from International Human Rights Law and the Potential Impact of the Convention on the Rights of Persons with Disabilities

Reproductive Justice, Public Policy, and Abortion on the Basis of Fetal Impairment: Lessons from International Human Rights Law and the Potential Impact of the Convention on the Rights of Persons with Disabilities

Recent events in Spain confirm that the CRR has good reason to be concerned by the recommendations of the Committee on the Rights of Persons with Disabilities. In 2013, the conservative Popular Party (PP), Spain’s current ruling party, proposed to enact a bill prohibiting abortion in most circumstances, including cases of fetal impairment. Although the bill was titled “Anteproyecto de ley orgánica para la protección de la vida del concebido y de los derechos de la mujer embarazada” (which can be translated to English as “for the protection of the life of the fetus and the rights of pregnant women”) the government’s bill leaned heavily toward protection of the fetus. 278 Indeed, had it been enacted, the bill would have
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Mental health law and the UN Convention on the rights of persons with disabilities

Mental health law and the UN Convention on the rights of persons with disabilities

Minkowitz (2006, 2011) argues that involuntary treatment is ruled out entirely. She argues Article 12, that persons shall ‘ enjoy legal capacity on an equal basis with others in all aspects of life ’ , by making no explicit reference to ‘ substitute decision making ’ in any of its subsec- tions, rejects it. Earlier drafts of Article 12 did make reference to substi- tute decision making, but these were dropped because agreement could not be reached about the implications of its inclusion.Minkowitz (2011) states: “ A provision recognizing substituted decision ‐ making would have overcome the general principle of equal legal capacity, and the obligation to ensure that measures related to legal capacity respect the will and pref- erences of the person, constituting an explicit exception. In the absence of such an exception, the plain meaning must prevail without reading in the exception that was rejected ” . She also interprets Article 14 as did the Commissioner for Human Rights in the quotation given above. Article 17, in recognising that persons with disabilities have the ‘ right to respect for physical and mental integrity on an equal basis with others ’ , Minkowitz argues, prevents treatment being given without consent. She points out that the CRPD Reporting Guidelines for Article 17 require State Parties to report on measures taken to protect persons with disabilities from med- ical (or other) treatment given without free and informed consent. The ‘ Concluding Observations ’ from the Committee on Spain and Tunisia ap- pear to support her point. Arguing further, Minkowitz (2011) points out that Article 25(d) requires that health professionals ‘ provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent … . ‘ , and that reading Article 25 in con- junction with Article 12 indicates that the “ consent of third parties is not substituted for that of persons with disabilities, who at all times enjoy the right to exercise legal capacity according to their own will and preferences ” .
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The Convention for the Rights of Persons with Disabilities and Article 12: prospective feminist lessons against the “Will and Preferences” paradigm

The Convention for the Rights of Persons with Disabilities and Article 12: prospective feminist lessons against the “Will and Preferences” paradigm

Legal capacity challenges the contingent link between decision-making capacity and legal agency under mental capacity regimes. Supportive mechanisms must be available to individuals with impairments to enable them to exercise their agency and secure both formal and substantive equality. Decisional support implies a range of macro- and micro-duties, extending from state policies and legislative changes, to interpersonal advocacy and networks of support [16]. Most importantly, Article 12 contains the crucial clause that the “exercise of legal capacity” must be ensured to “respect the rights, will and preferences of the person” [14]. This signals the rejection of substituted decision-making mechanisms where other individuals can make best interests decisions on behalf of another with a finding of mental incapacity. According to the General Comment issued by the Committee on the Rights of Persons with Disabilities, the principle of “best interests” is non-compliant with the “will and preferences paradigm” and violates the right of individuals with impairments to enjoy legal capacity “on an equal basis with others” ([13], para. 21). There are flexible and strict interpretations of the “will and preferences paradigm”. The General Comment signals a strict interpretation that rejects any justification for best interests’ decision-making on behalf of individuals with impairments. Respect for the legal capacity of disabled individuals is coextensive with deference to their rights, will and preferences with regards to their choices about health, treatment and care. In short, the subjective preferences of the individual are prior to any other welfarist considerations or third-party obligations to intervene. Michael Bach and Lana Kerzner in their report for the Ontario Law Commission offer a more flexible interpretation of Article 12, proposing three decision-making statuses. Legally
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Implementing a paradigm shift: implementing the Convention on the Rights of Persons with Disabilities in the context of mental disability law

Implementing a paradigm shift: implementing the Convention on the Rights of Persons with Disabilities in the context of mental disability law

Abstract: The passage of the CRPD in 2006 promises a paradigm shift in the rights of people with disabilities. Implementing this paradigm shift is a major undertaking requiring the involvement of a wide range of stakeholders. The required reforms extend across the legal landscape, and attainment of any consensus on many reforms may take many years in some areas. In the interim, people with disabilities remain subject to situations that are indefensible in human rights terms, whether that is understood in the pre- or post-CRPD paradigm. This creates a set of dilemmas: how do human rights advocates argue for the amelioration of manifest abuses in the short to mid-term without undermining the underlying transformative promise of the CRPD’s new paradigm; and how is the pressure on states parties to be maintained in the long process of finding ways fully to implement the CRPD? These difficulties are discussed in the context of laws relating to mental disability, both in general and with particular reference to the revisions to the Standard Minimum Rules for the Treatment of Prisoners (SMR) now under consideration.
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‘Organising objects’: Adult safeguarding practice and article 16 of the United Nations Convention on the Rights of Persons with Disabilities

‘Organising objects’: Adult safeguarding practice and article 16 of the United Nations Convention on the Rights of Persons with Disabilities

ability that, like all human abilities and attributes, varies along a spectrum of ability. Legal capacity is both legal standing and legal agency - the recognition of the disabled person as a person before the law, and the recognition of, and legal validity of, the indiv (Gooding, 2013; McSherry, 2012; United Nations Committee on the Rights of Persons with Disabilities, 2014). Generally, legal capacity has been linked in law to mental capacity, with the two being seen either as the same thing, or with mental capacity being a prerequisite for the former, as can be seen in the Mental Capacity Act 2005 in England and Wales (Richardson, 2012). 3 It is considered that Article 12 is a challenge this
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Can the U.S. Use a Reservation to Alleviate Sovereignty Concerns Regarding the Convention on the Rights of Persons with Disabilities?

Can the U.S. Use a Reservation to Alleviate Sovereignty Concerns Regarding the Convention on the Rights of Persons with Disabilities?

Despite such commitments to the cause, U.S. ratification of the CRPD is at the center of the debate. Those who oppose ratification cite sovereignty concerns, while supporters firmly contend that the non-binding treaty is needed to show an international commitment to disability rights. One way to satisfy both sides is by use of reservations, understandings, or declarations. By submitting a reservation to the CRPD, the U.S. would commit to the treaty but avoid any concerns about how compliance with the treaty could conflict with domestic laws or the U.S. Constitution.

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