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The Convention on the Rights of Persons with Disabilities from ideological conception to enforcement: a critical appraisal
thesisposted on 2022-03-28, 13:19 authored by Thi Thu Huong Duong
The Convention on the Rights of Persons with Disabilities (CRPD) has been hailed as a paradigm shift to protect the human rights of persons with disabilities. It has been implemented for 8 years. This thesis investigates whether the CRPD is an advance in the protection of human rights of persons with disabilities. It does so by examining the normative rules under, and the actual implementation of, the CRPD by States Parties, and by examining the work of the CRPD Committee. The thesis yields the theoretical and normative insights that the CRPD possesses inherent merits and values for creating platforms for positive changes for advancing the human rights of persons with disabilities. It does so by selectively adopting the most reasonable aspects of theoretical understandings of disability, equality and discrimination. Normatively, it prioritises transforming the legal concepts and normative rules into concrete results in which persons with disabilities are able to exercise their legal capacity while being protected from institutionalisation and involuntary medical treatment in a barrier-free environment. A related conclusion is that the implementationof the theoretical concepts and selected normative rights depends upon the national legal framework and good intentions of States Parties. It also concluded that the CRPD Committee did not face any difficulty in determining violations and holding States Parties liable for not fulfilling their treaty obligations. This thesis therefore concludes that the CRPD has in practice to some extent protected the human rights of persons with disabilities. The CRPD may not solve all the problems that persons with disabilites are facing, but it can contribute to protecting their human rights if properly implemented and with the participation of all stakeholders including persons with disabilities in the implementation and monitoring process.
Table of ContentsChapter I: Introduction -- Chapter II: Disability - From discourse to understanding -- Chapter III: Equality - From political understanding to normative interpretation in the context of disability -- Chapter IV: Discrimination - From philosophical conception to normative understanding in the context of disability -- Chapter V: The Convention on the Rights of Persons with Disabilites -- Chapter VI: The monitoring mechanism under the CRPD -- Chapter VII: The implementation of the CRPD - State reporting procedure -- Chapter VIII: The implementation of the CRPD - Individual complaint procedure -- Chapter IX: Conclusion.
NotesBibliography: pages 394-431 Theoretical thesis.
Awarding InstitutionMacquarie University
Degree TypeThesis PhD
DegreePhD, Macquarie University, Faculty of Arts, Macquarie Law School
Department, Centre or SchoolMacquarie Law School
Year of Award2017
Principal SupervisorArchana Parashar
Additional Supervisor 1Carolyn Adams
Additional Supervisor 2Therese MacDermott
RightsCopyright Duong Thi Thu Huong 2017. Copyright disclaimer: http://mq.edu.au/library/copyright
Extent1 online resource (xiv, 431, pages)
Former Identifiersmq:70186 http://hdl.handle.net/1959.14/1261100
state reportsindividual communicationshuman rights treaty committeesCRPDConvention on the Rights of Persons with DisabilitiesPeople with disabilitiesPeople with disabilities -- Legal status, laws, etc.equalityPeople with disabilities -- Civil rightsdisabilityCommittee on the Rights of Persons with Disabilitiesdiscrimination