The Normative Value of a Treaty as Opposed to a Declaration: Reflections from the Convention on the Rights of Persons with Disabilities
In: IMPLEMENTING THE RIGHT TO DEVELOPMENT: THE ROLE OF INTERNATIONAL LAW 27, Stephen P. Marks, ed., 2008
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In: IMPLEMENTING THE RIGHT TO DEVELOPMENT: THE ROLE OF INTERNATIONAL LAW 27, Stephen P. Marks, ed., 2008
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In: Texas Journal on Civil Liberties & Civil Rights, Band 13, S. 167
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Working paper
In: THE UNITED NATIONS CONVENTION, THE RIGHTS OF PERSONS WITH DISABILITIES: A COMMENTARY, Gerard Quinn et al. eds., 2011
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In: European journal of international law, Band 20, Heft 3, S. 922-923
ISSN: 0938-5428
In: NATIONAL MONITORING MECHANISMS OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES, 2008
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Working paper
In: THE UN CONVENTION ON THE RIGHTS OF PERSON WITH DISABILITIES: EUROPEAN AND SCANDINAVIAN PERSPECTIVES, Gerald Quinn & Oddny Mjoll Arnardottir, eds., 2009
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In: Forthcoming in Stanford Law Review
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In: Cambridge companions to law
How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors - not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.
In: Oxford scholarship online
In: Pennsylvania studies in human rights
In: 10 Journal of Law and the Biosciences 1 (2023)
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In: International human rights law review, Band 7, Heft 2, S. 165-200
ISSN: 2213-1035
This article analyses how disability human rights protections and processes under the United Nations Convention on the Rights of Persons with Disabilities (crpd) have responded to the heightened vulnerability created when disability intersects with indigeneity. It considers the evolution of international human rights law instruments for indigenous persons with disabilities. It further examines the drafting history of the crpd related to indigenous-specific content and examines the crpd Committee's engagement with the human rights protections and violations of indigenous persons with disabilities. It demonstrates that the crpd Committee has advanced these rights by acknowledging the rights of indigenous persons in the general course of its work, but has fallen short of adequately recognising the special vulnerabilities that are created when disability and indigeneity intersect. This evaluation is illustrated by expounding on the crpd Committee's recommendation in Noble v Australia, a communication brought by an indigenous person with a 'mental and intellectual disability' whose indigenous status was not engaged.
In: Journal of human rights, Band 17, Heft 1, S. 1-24
ISSN: 1475-4843
Stigma and associated discrimination against persons with psychosocial disabilities constitute a considerable barrier to the realisation of the highest attainable standard of health in South Africa, Africa, and further afield, constituting a significant human rights violation. This situation is evidenced and exacerbated by mental health as a whole remaining under-prioritised in law, policy and resource allocation. States parties to the Convention on the Rights of Persons with Disabilities (CRPD) have a duty to address stigma and discrimination through awareness raising and education. Some important commitments have been made in this respect, particularly at the policy level in South Africa. Nevertheless, and as demonstrated by tragic recent events, effective implementation remains lacking. This article lays out the obligations incumbent upon the South African government to address stigma and discrimination on the basis of psychosocial disability as a public health and human rights imperative by examining positive duties incorporated into international instruments and domestic law and policy. It further considers the role of political de-prioritisation of mental health and how this constitutes stigma of a systemic nature, using case law and examples of research and best practice from South Africa, Africa generally, and beyond. We conclude that South Africa is failing to meet its obligations to persons with psychosocial disabilities, and recommend that positive duties be emphasised in potential disability-specific legislation; high-level political commitment and co-ordination is secured for mental health; the CRPD's independent monitoring requirement is urgently fulfilled; and contextually-relevant interventions are crafted with the active participation of persons with psychosocial disabilities and their representative organisations. ; http://www.adry.up.ac.za ; am2018 ; Centre for Human Rights
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