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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The United Nations Convention on the Rights of Persons with Disabilities: A Commentary

Edited by: Valentina Della Fina, Rachele Cera, Giuseppe Palmisano

ISBN13: 9783319437880
To be Published: December 2016
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £119.00

This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention's position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities.

Starting with the background of all the Convention's articles, including the travaux preparatoires, this Commentary examines each provision's substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention's provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties' implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions' case law, as well as the jurisprudence of domestic courts, are taken into consideration.

Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.

Human Rights and Civil Liberties
From Invisible Citizens to Agents of Change: A Short History of the Struggle for the Recognition of the Rights of Persons with Disabilities at the United Nations, Theresia Degener and Andrew Begg
A New Human Rights Model of Disability, Theresia Degener
The European Union and the Convention on the Rights of Persons with Disabilities: Complexities, Challenges and Opportunities, Anna Lawson
Preamble, Rachele Cera
Article 1 [Purpose], Valentina Della Fina
Article 2 [Definitions], Rachele Cera
Article 3 [General Principles], Valentina Della Fina
Article 4 [General Obligations], Valentina Della Fina
Article 5 [Equality and Non-discrimination], Rachele Cera
Article 6 [Women with Disabilities], Valentina Della Fina
Article 7 [Children with Disabilities], Andrea Broderick
Article 8 [Awareness-raising], Aurelie Baranger
Article 9 [Accessibility], Francesco Seatzu
Article 10 [Right to Life], Giovanni Carlo Bruno
Article 11 [Situations of Risk and Humanitarian Emergencies], Giovanni Carlo Bruno
Article 12 [Equal Recognition Before the Law], Mary Keys
Article 13 [Access to Justice], Eilionoir Flynn
Article 14 [Liberty and Security of the Person], Francesco Seatzu
Article 15 [Freedom from Torture and Cruel, Inhuman or Degrading Treatment or Punishment], Antonio Marchesi
Article 16 [Freedom from Exploitation, Violence and Abuse], Antonio Marchesi
Article 17 [Physical and Mental Integrity], Mary Keys
Article 18 [Liberty of Movement and Nationality], Rachele Cera
Article 19 [Living Independently and Being Included in the Community], Giuseppe Palmisano
Article 20 [Personal Mobility], Marco Fasciglione
Article 21 [Freedom of Expression and Opinion, and Access to Information], Rachele Cera
Article 22 [Respect for Privacy], Valentina Della Fina
Article 23 [Respect for Home and the Family], Valentina Della Fina
Article 24 [Education], Valentina Della Fina
Article 25 [Right to Health], Ilja Richard Pavone
Article26 [Habilitation and Rehabilitation], Ilja Richard Pavone
Article 27 [Work and Employment], Maria Ventegodt Liisberg
Article 28 [Adequate Standard of Living and Social Protection], Marco Fasciglione
Article 29 [Participation in Political and Public Life], Rachele Cera
Article 30 [Participation in Cultural Life, Recreation, Leisure and Sport], Luigino Manca
Article 31 [Statistics and Data Collection], Mads Pedersen
Article 32 [International Cooperation], Valentina Della Fina
Article 33 [National Implementation and Monitoring], Luigino Manca
Article 34 [Committee on the Rights of Persons with Disabilities], Article 35 [Reports by States Parties], Article 36 [Consideration of Reports], Ornella Ferrajolo
Article 37 [Cooperation with States Parties and the Committee], Silvana Moscatelli
Article 38 [Relationship of the Committee with Other Bodies], Silvana Moscatelli
Article 39 [Report of the Committee], Rosita Forastiero
Article 40 [Conference of States Parties], Ilja Richard Pavone
Article 41 [Depositary], Article 42 [Signature], Article 43 [Consent to Be Bound], Andrea Crescenzi
Article 44 [Regional Integration Organizations], Rosita Forastiero
Article 45 [Entry into Force], Article 46 [Reservations], Article 47 [Amendments], Article 48 [Denunciation], Article 49 [Accessible Format], Article 50 [Authentic Texts], Andrea Crescenzi
Optional Protocol to the Convention on the Rights of Persons with Disabilities, Ornella Ferrajolo
Charting the Development of Human Rights Law through the CRPD, Janet E. Lord and Michael Ashley Stein.