Disability Law and Policy: An Analysis of the UN Convention
Editors: Charles O’Mahony & Gerard Quinn
Publication Date: March 2017
Disability Law and Policy: An Analysis of the UN Convention is a new book which undertakes a multidisciplinary examination of the United Nations Convention on the Rights of Persons with Disabilities.
The rights-based perspective on disability is a relatively new lens through which disability law and policy is considered. This is despite the fact that persons with disabilities are often described as the world’s largest minority. There are approximately 1 billion persons with disabilities in the world (15 percent of the world’s population). This book is an edited volume of essays that undertakes a multidisciplinary examination of the United Nations Convention on the Rights of Persons with Disabilities.
Part 1 of the edited collection focuses on disability and intersectionality; part 2 addresses the on going debate about the meaning of Article 12 the right to equal recognition before the law. The chapters contained in part 3 go on to address the emerging discourse on the right to liberty as contained in Article 14 of the CRPD and the barriers facing persons with mental health problems. Part 4 of the collection examines the right to live independently and to be included in the community. The themes of the right to inclusive education and employment for persons with disabilities are explored in parts 5 and 6 of the collection. The final part of the book part 7 examines how the CRPD is being implemented regionally and in a number of jurisdictions.
Disability Law and Policy: An Analysis of the UN Convention has evolved from an event entitled Global PhD and Researchers Colloquium on Disability Law and Policy organised by the Centre for Disability Law and Policy, NUI Galway. The Colloquium was organised in conjunction with the Burton Blatt Institute, University of Syracuse and the University of Haifa, Israel.
Part 1: Disability & Intersectionality
Gender, Disability and Access to Justice: An Intersectional Exploration of Article 13 Convention on the Rights of Persons with Disabilities, Eilionóir Flynn
Ideas for the Construction of a Human Rights Model for Children, with or Without Disabilities, Ignacio Campoy Cervera
Raising awareness about awareness-Insights from the feminist movement on interpreting Article 8 of the UN Convention on the Rights of Persons with Disabilities Barbara Phillips, Nicole Emmenegger, Bruno Trezzini and Mary Keogh
Disability, Gender and Development, Mary Keogh
Are we Right or are we Right?: ‘Right Approach’ in the Advocacy Work of Organisation of Persons with Disabilities, Kumpuvuori, Jukka and Virtanen, Riku
Part 2: Right to Legal Capacity
Legal Capacity and Supported Decision-Making: Respecting Rights and Empowering People, Anna Arstein-Kerslake
Article 12 of the UN Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights, Mary Keys
Legal Capacity: Alternatives to Functional Capacity, Tina Minkowitz
Supported Decision-Making Innovations: The Canadian Experience, Lana Kerzner
The CRPD and Legal Capacity Reform in Hungary: Compromise of What? János Fiala-Butora
Unfulfilled Dream about Moving from Civil Death to Visible Citizens: Legal Capacity Law Reform in Hungary, Sándor Gurbai
Part 3: Mental Health Law and Disability
Article 14 of the UN Convention on the Rights of Persons with Disabilities in light of Article 5 of the European Convention on Human Rights: The Challenge for Council of Europe Member States regarding the Involuntary Detention of Persons with Mental Disabilities, Suzanne Doyle
Mental Health Law: A Paradigm for its Dissolution, Tina Minkowitz
‘New’ Rights for Mental Health Laws? The Right to the Enjoyment of the Highest Attainable Standard of Health and the Rights of Carers, Bernadette McSherry
Advance Directives: Supporting Legal Capacity in Mental Health Care, Fiona Morrissey
The CRPD and Human Rights Based Approaches: A Magic Wand for Inclusion? Liz Brosnan
The CRPD and the Fusion of Mental Health and Legal Capacity Legislation, Charles O’Mahony & Ciara Hackett
The Implications of the United Nations Convention in the Rights of Persons with Disabilities on Criminal Responsibility, Charles O’Mahony
Part 4: The Right to Independent Living
Independent Living for Persons with Disabilities in Kenya: Charting the Way Forward, Elizabeth Kamundia
Contradiction in Terms? The UK, socio-economic rights and Article 19 CRPD, Tabitha Collingbourne
Self-Determining Options: Comparative Perspectives in Independent Living Law & Policy, Andrew Power
The UN Convention on the Rights of Persons with Disabilities: Exploring the Synergy Between Article 12 legal capacity) & Article 19 (independent living), Sinead O’Donnell & Charles O’Mahony
Part 5: The Right to Inclusive Education
The Right to Education: Article 24 of the CRPD, Andrea Broderick & Shivaun Quinlivan
Inclusive Education: Moving Beyond Ideology and Restrictive Theoretical Perspectives, Joyce Mortimer
Reconciling Sameness and Difference in Disability Rights Ideology: The Case of Student Identity, Bronagh Byrne
African Perspectives on Article 24 of the United Nations Convention on the Rights of Persons with Disabilities, Tsitsi Chataika
The European Court of Human Rights and the Right to Inclusive Education, Joyce Mortimer
Part 6: Employment and Persons with Disabilities
Reasonable Accommodation in the Convention on the Rights of Persons with Disabilities and Non-Discrimination in Employment: Rising to the Challenges? Anna Lawson
The CRPD and the Genuie Occupational Requirement in Employment Law, Olivia Smith
Genetic Discrimination in Employment: The Relevance of the United Nations Convention on the Rights of Persons with Disabilities, Aisling de Paor
Disability, EU law and the CRPD: A New Dawn? Claire Bruton and Shivaun Quinlivan
Disability Quota Systems in Public Service Employment, Positive Discrimination and Article 27 of the CRPD, Charlotte May-Simera & Elizabeth Kamundia
Part 7: Comparative and Regional Perspectives
Human Rights and Disability Reinterpreting Disability within the OAS in Light of the CRPD, Francisco J Bariffi
The Convention on the Rights of Persons with Disabilities and the European Union, David Hosking
Human Rights and Persons with Disabilities in Nigeria: Beyond Policy Formulation, Omolara Funmilola Akinpelu
Of Rights and Wrongs: The National Disability Strategy in Portugal. Paula Campos Pinto
Article 33 of the CRPD: Its Potential for Realising the Human Rights of Persons with Disabilities, Meredith Raley
Who Should Buy This Book?
Disability Law and Policy: An Analysis of the UN Convention is essential reading for legal practitioners, academics, researchers and disability rights groups as well as anyone interested disability law and policy.
About the Editors
Dr Charles O’Mahony is a lecturer in Public Law at National University of Ireland, Galway.
Professor Gerard Quinn is director of the Centre on International Disability Law & Policy at the Law School of the National University of Ireland, Galway