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This Research Handbook comes at an opportune time, and provides a
comprehensive and wide-ranging exploration of relevant developments
concerning disability rights at EU level. It also looks beyond the
EU, focusing on how disability has been relevant in EU external
relations. In addition, the Research Handbook considers the
interface between EU disability law and Council of Europe law.
Expert contributors address key questions related to the scope and
impact of EU disability law, examining its compliance with the UN
Convention on the Rights of Persons with Disabilities (CRPD) and
the gaps that remain to be filled in implementation by the EU.
Analysing the most important and recent developments in EU
disability law, the chapters in this Research Handbook trace its
evolution, and assess the extent to which disability rights are
protected and promoted in various strands of EU law and policy. The
chapters highlight the connections, overlaps and inconsistencies
which exist across those strands. This thought-provoking Research
Handbook will be a valuable resource for scholars; researchers and
students of disability law, EU law and international law; as well
as practitioners, policy makers, civil society organizations and
European think tanks engaged with the fields of EU and
international disability law.
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.
Chapters How Human Rights Cross-Pollinate and Take Root: Local
Governments & Refugees in Turkey by Elif Durmus and Human
Rights Localisation and Individual Agency: From 'Hobby of the Few'
to the Few Behind the Hobby by Tihomir Sabchev, Sara Miellet, and
Elif Durmus are available open access under a Creative Commons
Attribution 4.0 International License via link.springer.com This
book seeks to explore, from a multidisciplinary perspective,
whether human rights are, in fact, a myth or a lived reality. Over
the years much has been said about their effectiveness or, rather,
their ineffectiveness. This perceived ineffectiveness relates not
only to institutional challenges at the international level, but
also to national implementation mechanisms and processes. In
addition, questions have arisen as to whether individuals or groups
of individuals actually benefit from the normative guarantees
contained in human rights law and whether human rights as legal
constructs can be effectively translated into better outcomes. This
volume can be distinguished from the existing literature by virtue
of the fact that it not only brings together scholars at different
stages of their careers, but also that it incorporates
contributions that adopt different methodological perspectives and
cover a variety of topics. The book should prove of great benefit
to human rights researchers, human rights practitioners, NGOs and
students. Claire Boost is a PhD Candidate at the Department of
Criminal Law and Criminology, Maastricht University. Andrea
Broderick is an Assistant Professor at the Department of
International and European Law, Maastricht University. Fons Coomans
is a Professor at the UNESCO Chair in Human Rights and Peace,
Department of International and European Law, Maastricht
University. Roland Moerland is an Assistant Professor at the
Department of Criminal Law and Criminology, Maastricht University.
Chapters How Human Rights Cross-Pollinate and Take Root: Local
Governments & Refugees in Turkey by Elif Durmus and Human
Rights Localisation and Individual Agency: From 'Hobby of the Few'
to the Few Behind the Hobby by Tihomir Sabchev, Sara Miellet, and
Elif Durmus are available open access under a Creative Commons
Attribution 4.0 International License via link.springer.com This
book seeks to explore, from a multidisciplinary perspective,
whether human rights are, in fact, a myth or a lived reality. Over
the years much has been said about their effectiveness or, rather,
their ineffectiveness. This perceived ineffectiveness relates not
only to institutional challenges at the international level, but
also to national implementation mechanisms and processes. In
addition, questions have arisen as to whether individuals or groups
of individuals actually benefit from the normative guarantees
contained in human rights law and whether human rights as legal
constructs can be effectively translated into better outcomes. This
volume can be distinguished from the existing literature by virtue
of the fact that it not only brings together scholars at different
stages of their careers, but also that it incorporates
contributions that adopt different methodological perspectives and
cover a variety of topics. The book should prove of great benefit
to human rights researchers, human rights practitioners, NGOs and
students. Claire Boost is a PhD Candidate at the Department of
Criminal Law and Criminology, Maastricht University. Andrea
Broderick is an Assistant Professor at the Department of
International and European Law, Maastricht University. Fons Coomans
is a Professor at the UNESCO Chair in Human Rights and Peace,
Department of International and European Law, Maastricht
University. Roland Moerland is an Assistant Professor at the
Department of Criminal Law and Criminology, Maastricht University.
In this first textbook on international and European disability law
and policy, Broderick and Ferri analyse the interaction between
different legal systems and sources. Guided by the global legal
standards of the CRPD, students are equipped with the necessary
background on disability, and are given a comprehensive overview of
the legal and policy frameworks on disability. The narrative
maintains the balance between theory and practice, focusing on the
legal framework and challenges in the realm of policy-making, and
ensuring that students are aware of current legal debates and
controversial issues in the field. Accommodating different learning
styles, the book employs a range of accessible features which
include learning outcomes for each chapter, problem questions,
group activities, extracts from legal debates and more. Including
case studies and examples from around the world, this book has a
truly global perspective, suitable for introductory and advanced
modules in law departments, as well as interdisciplinary courses.
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