Innovative aspects of the UN convention on the rights of persons with disabilities
Title: Innovative aspects of the UN convention on the rights of persons with disabilities
Author: ANIŠIĆ, Maša
Citation: Florence : European University Institute, 2013
Series/Number: EUI LLM theses; Department of Law
The thesis examines the innovations introduced by the United Nations Convention on the Rights of Persons with Disabilities in the international human rights arena. It addresses three separate aspects of the Convention, i.e., its drafting process, its general and substantive provisions, and its provisions on implementation and monitoring. The main focus of the thesis is on the innovative mechanisms for stronger social rights realisation found within the general and substantive provisions of the Convention. The thesis argues that the Convention’s innovative use of nondiscrimination, equality, and social participation mechanisms presents a new tool that moves social rights closer to civil rights and consequently provides an effective framework for their stronger realisation. The drafting process and the implementation provisions are analysed to the extent to which they relate to the stronger social rights realisation. The thesis argues that the innovations in the drafting process affected the experimental nature of the Convention’s content and explores the future implications of stakeholder participation in the Convention’s drafting process by comparing it to the drafting of other relevant international treaties. The innovations within the implementation and monitoring provisions are relevant to the fostering of social rights, since these provisions are tasked with transforming the Convention’s text into an actual lever of change. The thesis identifies the problems currently faced by the treaty bodies, and provides an overview of the CRPD’s mechanisms to address such problems. The thesis aims to determine whether these innovations are CRPD specific, or part of a broader trend in international human rights law and to offer some concluding remarks on the Convention’s innovative mechanisms, particularly where they relate to fostering the stronger realisation of social rights and their potential to produce effects beyond the scope of disability law.
LC Subject Heading: Convention on the Rights of Persons with Disabilities and Optional Protocol (2007 March 30); People with disabilities -- Legal status, laws, etc. -- Europe
Supervisor: Dr. Claire Kilpatrick, European University Institute.; Award date: 20 June 2013
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