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Disability Law and Policy: An Analysis of the UN Convention

Edited by: Charles O’Mahony, Gerard Quinn

ISBN13: 9781905536900
Published: March 2017
Publisher: Clarus Press
Country of Publication: Ireland
Format: Paperback
Price: £92.00



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Disability Law and Policy: An Analysis of the UN Convention is a new book which undertakes a multidisciplinary examination of the United Nations Convention on the Rights of Persons with Disabilities.

The rights-based perspective on disability is a relatively new lens through which disability law and policy is considered. This is despite the fact that persons with disabilities are often described as the world’s largest minority.

There are approximately 1 billion persons with disabilities in the world (15 percent of the world’s population). This book is an edited volume of essays that undertakes a multidisciplinary examination of the United Nations Convention on the Rights of Persons with Disabilities.

Part 1 of the edited collection focuses ondisability and intersectionality; part 2 addresses the on going debate about the meaning of Article 12 the right to equal recognition before the law. The chapters contained in part 3 go on to address the emerging discourse on the right to liberty as contained in Article 14 of the CRPD and the barriers facing persons with mental health problems.

Part 4 of the collection examines the right to live independently and to be included in the community. The themes of the right to inclusive education and employment for persons with disabilities are explored in parts 5 and 6 of the collection. The final part of the book part 7 examines how the CRPD is being implemented regionally and in a number of jurisdictions.

Disability Law and Policy: An Analysis of the UN Convention has evolved from an event entitled Global PhD and Researchers Colloquium on Disability Law and Policy organised by the Centre for Disability Law and Policy, NUI Galway. The Colloquium was organised in conjunction with the Burton Blatt Institute, University of Syracuse and the University of Haifa, Israel.

Subjects:
Irish Law, Discrimination Law
Contents:
Part 1: Disability & Intersectionality
Gender, Disability and Access to Justice: An
Intersectional Exploration of Article 13
Convention on the Rights of Persons with
Disabilities, Eilionóir Flynn
Ideas for the Construction of a Human Rights
Model for Children, with or Without Disabilities,
Ignacio Campoy Cervera
Raising awareness about awareness-Insights
from the feminist movement on interpreting
Article 8 of the UN Convention on the Rights of
Persons with Disabilities Barbara Phillips,
Nicole Emmenegger, Bruno Trezzini and Mary
Keogh
Disability, Gender and Development, Mary
Keogh
Are we Right or are we Right?: ‘Right
Approach’ in the Advocacy Work of
Organisation of Persons with Disabilities,
Kumpuvuori, Jukka and Virtanen, Riku

Part 2: Right to Legal Capacity
Legal Capacity and Supported DecisionMaking:
Respecting Rights and Empowering
People, Anna Arstein-Kerslake
Article 12 of the UN Convention on the Rights
of Persons with Disabilities and the European
Convention on Human Rights, Mary Keys
Legal Capacity: Alternatives to Functional
Capacity, Tina Minkowitz
Supported Decision-Making Innovations: The
Canadian Experience, Lana Kerzner
The CRPD and Legal Capacity Reform in
Hungary: Compromise of What? János FialaButora
Unfulfilled Dream about Moving from Civil
Death to Visible Citizens: Legal Capacity Law
Reform in Hungary, Sándor Gurbai

Part 3: Mental Health Law and Disability
Article 14 of the UN Convention on the Rights
of Persons with Disabilities in light of Article 5
of the European Convention on Human Rights:
The Challenge for Council of Europe Member
States regarding the Involuntary Detention of
Persons with Mental Disabilities, Suzanne
Doyle
Mental Health Law: A Paradigm for its
Dissolution, Tina Minkowitz
‘New’ Rights for Mental Health Laws? The
Right to the Enjoyment of the Highest
Attainable Standard of Health and the Rights of
Carers, Bernadette McSherry
Advance Directives: Supporting Legal Capacity
in Mental Health Care, Fiona Morrissey
The CRPD and Human Rights Based
Approaches: A Magic Wand for Inclusion? Liz
Brosnan
The CRPD and the Fusion of Mental Health
and Legal Capacity Legislation, Charles
O’Mahony & Ciara Hackett
The Implications of the United Nations
Convention in the Rights of Persons with
Disabilities on Criminal Responsibility, Charles
O’Mahony

Part 4: The Right to Independent Living
Independent Living for Persons with Disabilities
in Kenya: Charting the Way Forward, Elizabeth
Kamundia
Contradiction in Terms? The UK, socioeconomic
rights and Article 19 CRPD, Tabitha
Collingbourne
Self-Determining Options: Comparative
Perspectives in Independent Living Law &
Policy, Andrew Power
The UN Convention on the Rights of Persons
with Disabilities: Exploring the Synergy
Between Article 12 legal capacity) & Article 19
(independent living), Sinead O’Donnell &
Charles O’Mahony

Part 5: The Right to Inclusive Education
The Right to Education: Article 24 of the CRPD,
Andrea Broderick & Shivaun Quinlivan
Inclusive Education: Moving Beyond Ideology
and Restrictive Theoretical Perspectives, Joyce
Mortimer
Reconciling Sameness and Difference in
Disability Rights Ideology: The Case of Student
Identity, Bronagh Byrne
African Perspectives on Article 24 of the United
Nations Convention on the Rights of Persons
with Disabilities, Tsitsi Chataika
The European Court of Human Rights and the
Right to Inclusive Education, Joyce Mortimer

Part 6: Employment and Persons with Disabilities
Reasonable Accommodation in the Convention
on the Rights of Persons with Disabilities and
Non-Discrimination in Employment: Rising to
the Challenges? Anna Lawson
The CRPD and the Genuie Occupational
Requirement in Employment Law, Olivia Smith
Genetic Discrimination in Employment: The
Relevance of the United Nations Convention on
the Rights of Persons with Disabilities, Aisling
de Paor
 Disability, EU law and the CRPD: A New
Dawn? Claire Bruton and Shivaun Quinlivan
 Disability Quota Systems in Public Service
Employment, Positive Discrimination and
Article 27 of the CRPD, Charlotte May-Simera
& Elizabeth Kamundia

Part 7: Comparative and Regional Perspectives
Human Rights and Disability Reinterpreting
Disability within the OAS in Light of the CRPD,
Francisco J Bariffi
The Convention on the Rights of Persons with
Disabilities and the European Union, David
Hosking
Human Rights and Persons with Disabilities in
Nigeria: Beyond Policy Formulation, Omolara
Funmilola Akinpelu
Of Rights and Wrongs: The National Disability
Strategy in Portugal. Paula Campos Pinto
Article 33 of the CRPD: Its Potential for
Realising the Human Rights of Persons with
Disabilities, Meredith Raley.