Human Rights Law Review · 2008 · 445 citations · 0 references
LawHuman Rights LawInternational LawDisability LawHuman RightsRights Of Persons With DisabilitiesDefinition Of DisabilityDisability RightsInternational Human Rights LawDisability Rights CritiqueInternational Law RecognitionRights-based Approaches To DisabilityTreaty RecognitionUnited Nations Charter
The Convention on the Rights of Persons with Disabilities was adopted by the UN General Assembly on 13 December 2006, marking a landmark shift that empowers the world’s largest minority to claim rights and participate equally in international and national affairs. This essay investigates the intellectual antecedents of the CRPD and its continuity and discontinuity with 25 years of international law and disability‑human rights struggles. It critically examines the CRPD text to assess its potential contribution to realizing the rights of persons with disabilities.
On 13 December 2006, the General Assembly of the United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD) and an associated Optional Protocol. The formulation of the CRPD has been hailed as a great landmark in the struggle to reframe the needs and concerns of persons with disability in terms of human rights. The CRPD is regarded as having finally empowered the world's largest minority to claim their rights, and to participate in international and national affairs on an equal basis with others who have achieved specific treaty recognition and protection. This essay interrogates the intellectual antecedents of the CRPD and its continuity and discontinuity with 25 years of international law and its struggles with disability and human rights. It then explores the text of the CRPD, critically examining its potential contribution to the realisation of the rights of persons with disability.