International disability law : a practical approach to the United Nations Convention on the Rights of Persons with Disabilities

Author :Coomaravel Pyaneandee

Contents: TABLE OF CONTENTSTABLE OF CASES FOREWORD PREFACE ACKNOWLEDGEMENTS LIST OF ABBREVIATIONS INTRODUCTIONPART I CHAPTER 1 The CRPD Committee, Rules of Procedure and the Optional Protocol to the ConventionThe Establishment of the CRPD CommitteeGeneral CommentsThe Salient Features of the ConventionThe Optional Protocol to the ConventionAdmissibility of Complaints under the Optional ProtocolExamples of InadmissibilityInterim MeasuresInadmissibility of Anonymous ComplaintsGrave or Systematic Violations CHAPTER 2 Fundamental Principles, and Equality and Non-Discrimination (Articles 1 - 5)IntroductionThe Preamble and Article 1 CRPDArticle 2 DefinitionsArticle 3 General PrinciplesArticle 4 General ObligationsArticle 5 Equality and Non-DiscriminationEquality Before the LawEquality Under the LawEqual Protection and Equal Benefit of the LawDiscriminationReasonable AccommodationConclusionSummary of Concluding Observations and RecommendationsCHAPTER 3 Women and Girls with Disabilities (Article 6)IntroductionThe Protection of the Rights of Women under International LawThe Scope of Article 6 CRPDMultiple and/or Intersectional DiscriminationFreedom from Exploitation, Violence and AbuseViolence and Armed ConflictForced SterilisationDiscrimination at the CrossroadsConclusionSummary of Concluding Observations and RecommendationsPART II CIVIL AND POLITICAL RIGHTSCHAPTER 4 Equal Recognition Before the Law (Article 12) and Access to Justice (Article 13)IntroductionMiscarriage of JusticeThe Scope of the Right to Legal CapacityThe Meaning of Support under Article 12 (3)Article 12 (4)Effective Access to the Justice SystemReasonable Accommodation and Procedural AccommodationSummary of Concluding Observations and RecommendationsArticle 12Article 13CHAPTER 5 Liberty and Security of the Person (Article 14) and Freedom from Torture (Article 15)IntroductionLiberty, Detention and ImprisonmentFreedom from Torture or Cruel, Inhuman or Degrading Treatment or PunishmentTorture by OmissionMedical or Scientific ExperimentationLiberty, Detention and AccessibilityLiberty and InstitutionalisationLiberty, Security and IntegrityLiberty, Health and RehabilitationConclusionSummary of Concluding Observations and RecommendationsCHAPTER 6 Right to Life (Article 10)IntroductionThe Arbitrary Deprivation of LifeThe Right to Life and Freedom from TortureRight to Life and the Death PenaltyRight to Life of the Unborn and AbortionRight to Life and EuthanasiaRight to Life and Enforced DisappearanceConclusionSummary of Concluding Observations and RecommendationsCHAPTER 7 Freedom of Expression (Article 21) and Participation in Political and Public Life (Article 29)IntroductionFreedom of Opinion and ExpressionFreedom of Expression and Official InteractionsParticipation in Political Life (The Rights to Vote and to be Elected)Right to Participate in Public LifeFreedom of AssociationFreedom of AssemblyConclusionSummary of Concluding Observations and RecommendationsPART III ECONOMIC, SOCIAL AND CULTURAL RIGHTSCHAPTER 8 Accessibility (Article 9)IntroductionStates Parties' Obligation in Relation to Article 9Reasonable Accommodation and AccessibilityReal-Time Information and Access to TransportUniversal DesignConclusionSummary of Concluding Observations and RecommendationsHousing as a Key Element to Inclusive CitiesTransportation and Public ServicesICTs for Building Inclusive, Resilient Smart CitiesCRPD Committee, General Comment No. 2 on Article 9 (Accessibility)CHAPTER 9 Right to Education (Article 24)IntroductionThe Origin of the Right to EducationBarriers to Inclusive EducationThe Obligations of States Parties under Article 24 CRPDThe Obligation to Progressively Realise Article 24 CRPDDefining Exclusion, Segregation and IntegrationSegregation and IntegrationThe Meaning of Inclusive EducationImplementing Article 24Reasonable AccommodationAccess to JusticeConclusionSummary of Concluding Observations and RecommendationsCHAPTER 10 Right to Work and Employment (Article 27)IntroductionThe Origin of the Right to Work of Persons with DisabilitiesThe Scope of Article 27 CRPDDisability-Based Discrimination under Article 27 CRPDReasonable Accommodation and DiscriminationQuotasConclusionSummary of Concluding Observations and RecommendationsEmployment of Persons with Disabilities: A Marketing FrameworkChapter 11 Right to Independent Living and Being Included in the Community (Article 19)IntroductionThe Nature of States Parties Obligations under Article 19InstitutionalisationLegal CapacityAccess to Adequate HousingConclusionSummary of Concluding Observations and RecommendationsAccess to Adequate HousingCONCLUSION Monitoring and Implementation: The Way ForwardIntroductionNational Implementation and Monitoring: The Way ForwardThe Scope of Article 33 CRPDConcluding RemarksIndex