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The Long and Winding Road to Equality and Inclusion for Persons with Disabilities - The United Nations Convention on the Rights of Persons with Disabilities (Paperback)
Loot Price: R2,550
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The Long and Winding Road to Equality and Inclusion for Persons with Disabilities - The United Nations Convention on the Rights of Persons with Disabilities (Paperback)
Series: Human Rights Research Series, 74
Expected to ship within 12 - 17 working days
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This book examines several aspects of the equality and
non-discrimination norms in the UN Convention on the Rights of
Persons with Disabilities (CRPD). In the first instance, the book
provides an interpretation and critical analysis of the legal
meaning of the principles of equality and non-discrimination in the
context of the CRPD. It analyses the extent to which the concepts
of equality and non-discrimination contained in the Convention fit
within the various theoretical models of disability and conceptions
of equality that have been elaborated to date by scholars. It also
compares the theoreotical framework of equality in the CRPD to that
contained in other international human rights treaties which
preceded the Convention.In addition, States' obligations under the
Convention are teased out. A particular focus throughout this book
is on the manner in which the equality and non-discrimination norms
in the CRPD can increase participation and inclusion in society of
persons with disabilities. This book also examines in detail an
integral component of the equality norm, namely the duty to
reasonably accommodate persons with disabilities and, in
particular, its outer limits.In that regard, the book analyses
whether the balancing and sharing of burdens inherent in the
accommodation duty can teach us lessons about the overall balancing
of burdens and interests implicit in many Convention rights subject
to progressive realisation.Following on from that, this book
devises a framework for review of measures adopted by States in the
overall context of the progressive realisation of disability
rights, with a particular emphasis on how the CRPD's equality norm
might strengthen the realisation of socio-economic rights for
disabled people. That framework of review criteria is then applied
to the right to education and the accessibility obligation
incumbent on States under the CRPD.Finally, this book investigates
how the equality and non-discrimination norms in the Convention
have already influenced, and can potentially influence, the crucial
shape of disability equality case law and policy. In that
connection, a case study is carried out on the Council of Europe
mechanisms, in order to assess whether the CRPD is having an
influence on disability law and policy at the regional level.This
book demonstrates the fact that the CRPD holds enormous promise for
the future application of the equality and non-discrimination norms
in relation to the rights of persons with disabilities.
Notwithstanding this, significant challenges lie ahead in the
realisation of de facto equality for persons with disabilities.
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