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- Publisher Website: 10.1093/hrlr/ngab013
- Scopus: eid_2-s2.0-85117169865
- WOS: WOS:000705452300002
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Article: An Incremental Approach to Filling Protection Gaps in Equality Rights for Persons with Disabilities
Title | An Incremental Approach to Filling Protection Gaps in Equality Rights for Persons with Disabilities |
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Authors | |
Keywords | Equality and non-discrimination Article 5 of the Convention on the Rights of Persons with Disabilities Mental disability Criminal law Inclusive education Domestic jurisprudence |
Issue Date | 2021 |
Publisher | Oxford University Press. The Journal's web site is located at http://hrlr.oxfordjournals.org/ |
Citation | Human Rights Law Review, 2021, v. 21 n. 4, p. 837-873 How to Cite? |
Abstract | The Convention on the Rights of Persons with Disabilities (CRPD) guarantees that persons with disabilities (‘PWD’) are to be equal before and under the law. There are almost identical equality guarantees in the Canadian Charter of Rights and Freedoms and Hong Kong's mini constitution – the Basic Law. Australia boasts similar legislative equality guarantees for PWD. The CRPD Committee has interpreted the right broadly, whereas constitutional courts have taken a proportionality approach, balancing the right to substantive equality against competing concerns. The tension between these methods of rights protection means the CRPD is being positioned as an alternative model of rights protection, but it is not an alternative mechanism for enforcement. This article calls on the Committee to modify its guidance to make suggestions to state parties as to how incremental advances in rights protection can be immediately implemented, even if in the short-term, these advances fall short of full inclusion. |
Persistent Identifier | http://hdl.handle.net/10722/305363 |
ISSN | 2023 Impact Factor: 1.6 2023 SCImago Journal Rankings: 0.419 |
ISI Accession Number ID |
DC Field | Value | Language |
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dc.contributor.author | Richards, J | - |
dc.date.accessioned | 2021-10-20T10:08:21Z | - |
dc.date.available | 2021-10-20T10:08:21Z | - |
dc.date.issued | 2021 | - |
dc.identifier.citation | Human Rights Law Review, 2021, v. 21 n. 4, p. 837-873 | - |
dc.identifier.issn | 1461-7781 | - |
dc.identifier.uri | http://hdl.handle.net/10722/305363 | - |
dc.description.abstract | The Convention on the Rights of Persons with Disabilities (CRPD) guarantees that persons with disabilities (‘PWD’) are to be equal before and under the law. There are almost identical equality guarantees in the Canadian Charter of Rights and Freedoms and Hong Kong's mini constitution – the Basic Law. Australia boasts similar legislative equality guarantees for PWD. The CRPD Committee has interpreted the right broadly, whereas constitutional courts have taken a proportionality approach, balancing the right to substantive equality against competing concerns. The tension between these methods of rights protection means the CRPD is being positioned as an alternative model of rights protection, but it is not an alternative mechanism for enforcement. This article calls on the Committee to modify its guidance to make suggestions to state parties as to how incremental advances in rights protection can be immediately implemented, even if in the short-term, these advances fall short of full inclusion. | - |
dc.language | eng | - |
dc.publisher | Oxford University Press. The Journal's web site is located at http://hrlr.oxfordjournals.org/ | - |
dc.relation.ispartof | Human Rights Law Review | - |
dc.subject | Equality and non-discrimination | - |
dc.subject | Article 5 of the Convention on the Rights of Persons with Disabilities | - |
dc.subject | Mental disability | - |
dc.subject | Criminal law | - |
dc.subject | Inclusive education | - |
dc.subject | Domestic jurisprudence | - |
dc.title | An Incremental Approach to Filling Protection Gaps in Equality Rights for Persons with Disabilities | - |
dc.type | Article | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.1093/hrlr/ngab013 | - |
dc.identifier.scopus | eid_2-s2.0-85117169865 | - |
dc.identifier.hkuros | 326942 | - |
dc.identifier.volume | 21 | - |
dc.identifier.issue | 4 | - |
dc.identifier.spage | 837 | - |
dc.identifier.epage | 873 | - |
dc.identifier.isi | WOS:000705452300002 | - |
dc.publisher.place | United Kingdom | - |