The UN Convention on the Rights of Persons with Disabilities: Does the Equality Act 2010 Measure up to UK International Commitments?

Butlin, Sarah Fraser

doi:10.1093/indlaw/dwr015

Cited by 13 publications

(11 citation statements)

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“…This is consistent with the social model which represents a paradigm shift (Fraser-Butlin, 2011). Yet it also utilizes the term "persons with disabilities," which is inconsistent with the social model which uses the term "persons with impairments."…”

Section: Attorney General Of Canadasupporting

confidence: 91%

The Role of Disability Groups in the Development and Implementation of the UN Convention on the Rights of Persons with Disabilities

Levesque¹,

Langford

2016

CJDS

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The neoliberal agenda has seen increased engagement of governments and disability organizations in policy making and implementation processes. Yet governments have been slow to address needed changes in disability policy over the last three decades questioning the role of disability organizations who have increasingly turned to rights-based claims on states. The UN Convention on the Rights of Persons with Disabilities, which reaffirms in article 29 the full political participation of persons with disabilities, is one such example. Unclear, however, is the role of disability organizations in the UN Convention's development, ratification and implementation. Were disability organizations active and central actors in this process? This article investigates this question in relation to three case studies: Canada, the United States and the United Kingdom. The story that emerges underscores the centrality of disability organizations in policy development during times of government disinterest or indifference.

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Section: Attorney General Of Canadasupporting

confidence: 91%

The Role of Disability Groups in the Development and Implementation of the UN Convention on the Rights of Persons with Disabilities

Levesque¹,

Langford

2016

CJDS

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“…57 The Convention tackles human rights abuses experienced by persons with disabilities, including the denial of legal capacity on the basis of disability 58 and adapts the application of established human rights to circumstances particular to persons with disabilities. 59 It reaffirms the move away from a medical model of disability (focused on the medical condition of individuals) to a predominantly social model that perceives disability as a socially-constructed phenomenon, 60 resulting from 'the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others'. 61 It focuses on adapting society to accommodate various abilities rather than on adapting individuals to society 62 and perceives social inclusion and respect for individual autonomy as mutually complementary goals.…”

Section: The Crpd and The Concepts Of Universal Human Dignity And Unimentioning

confidence: 94%

Redefining contractual capacity? the UN Convention on the Rights of Persons with Disabilities and the incapacity defence in English contract law

Varney

2017

Legal stud.

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How can the incapacity defence in contract law coexist with the concept of universal legal capacity advanced by the UN Convention on the Rights of Persons with Disabilities (CRPD)? In the absence of clear guidance from the CRPD on the link between legal capacity and mental capacity, and given the silence of this Convention on the concept of contractual capacity, this article stresses the need to redefine contractual capacity in a manner that responds not only to economic interests (eg upholding the security of transactions) but also to social interests (including the protection of values such as dignity). The discussion insists that incapacity and disability must never be conceptually equated and calls for a definition of contractual incapacity that moves beyond the medical condition of individuals (whether this is known by or apparent to the other contracting party) and which considers the circumstances of the transaction. These arguments are explored in the context of English contract law, focusing on the question of contractual validity when a party lacked the mental capacity to understand the transaction and the other party was unaware of the incapacity and acted in good faith.

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“…The UNCRPD was ratified by the UK on 8 June 2009 ( [55], p. 428). A central motivation behind the Convention was to help ensure that disabled individuals can enjoy on an equal basis, with non-disabled individuals, rights provided for in international human rights treaties ( [56], pp.…”

Section: United Nations Convention On the Rights Of Persons With Disamentioning

confidence: 99%

“…In addition, as Bartlett ([56], pp. 754-55) points out-"for those countries such as the UK that have signed the optional protocol to the CRPD, individuals or groups of individuals may complain to the Committee regarding alleged breaches of the CRPD, and the Committee adjudicates the matter in quasi-judicial fashion"; with the Committee also having "authority to undertake inquiries into systematic violations of the CRPD" ( [55], p. 429).…”

Section: United Nations Convention On the Rights Of Persons With Disamentioning

confidence: 99%

Can International Human Rights Law Help Restore Access to Justice for Disabled Workers?

Harwood

2016

Laws

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The research literature indicates that legislative changes in recent years, including the introduction of tribunal fees, have made it harder for workers in general to enforce their rights under UK employment laws. Drawing on the author's qualitative study, conducted in 2015 and with information from 265 participants, this paper finds that these legislative changes could be having disproportionate adverse impacts on disabled workers. Of particular note, fees had deterred substantial numbers from submitting discrimination claims; and it appeared that this reluctance to take legal action had in turn emboldened some employers to commit what might have been found to constitute unlawful acts if taken to tribunal. The paper goes onto consider whether these adverse impacts on disabled workers could render fees unlawful under UK and European equality and human rights law and/or could entail violations of rights under the United Nations Convention on the Rights of Persons with Disabilities. The paper concludes that the intent behind UK laws might (in relation to the lawfulness of fees) have been frustrated in the domestic courts and that the impact of any future successes in the domestic courts, or under international law, might be dependent upon public opinion and political expediency. The paper also briefly compares developments in Britain with developments in neighbouring and other comparable jurisdictions.

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The UN Convention on the Rights of Persons with Disabilities: Does the Equality Act 2010 Measure up to UK International Commitments?

Cited by 13 publications

References 0 publications

The Role of Disability Groups in the Development and Implementation of the UN Convention on the Rights of Persons with Disabilities

The Role of Disability Groups in the Development and Implementation of the UN Convention on the Rights of Persons with Disabilities

Redefining contractual capacity? the UN Convention on the Rights of Persons with Disabilities and the incapacity defence in English contract law

Can International Human Rights Law Help Restore Access to Justice for Disabled Workers?

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