International And European Disability Law And Policy

The first textbook on international and European disability law and policy, analysing the interaction between different legal systems and sources.

This volume describes the extraordinary success of the international political movement of people with disabilities to include disability as a human rights issue. The authors are renowned disability rights attorneys, university professors, and activists who practice, teach and work internationally. Published under the Transnational Publishers imprint.

This book investigates the implementation of disability rights and duties in the European Union, aiming to understand its functioning and explore ways forward through a critical analysis of the Convention on the Rights of Persons with Disabilities (CRPD) within the context of international regulation. Along the lines of the integration of fundamental rights within the common market, the EU has indeed progressively adopted meaningful regulation to advance disability rights, which are now essentially shaped by the CRPD. The research considers the interaction between law and policy at the international, EU and Member States’ level, focusing on three essential elements, including the sources of disability law, institutional mechanisms and substantive regulation. Grounded in the distinction between primary rules on law-making and secondary norms on enforcement, the analysis unfolds against the background of the ‘twin’ transitions on sustainability and digitalisation and encompasses the Council of Europe system, particularly in the light of the foreseeable accession of the EU to the European Convention on Human Rights. Arguably, following the progressive development it has facilitated in other regulatory areas, the Court of Justice of the European Union can provide a decisive contribution to advancing inclusiveness for people with disabilities in the Union. The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in EU and international disability law and politics.

This timely Research Handbook 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 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. Analyzing the most important and recent developments in EU disability law, the chapters in this 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 Handbook highlights 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.

The field of disability law and policy is both new and rapidly expanding at the European level. It covers a disparate range of subject areas, including non-discrimination, transportation, education, employment, and housing. European Yearbook of Disability Law: Volume 2 reviews significant developments of disability law and policy, providing an indispensable reference work for lawyers, public policy analysts, researchers, government agencies, and civil society groups. The Yearbook reviews major EU policy developments, studies and other publications, legislative proposals, and non-discrimination case law from the European Court of Justice, as well as the outcomes of major conferences. It also reviews the relevant developments on disability issues within the Council of Europe and recounts, for example: the work of the Committee of Ministers, the emerging case law of the European Court of Human Rights, the growing disability jurisprudence of the European Social Charter, and developments within the other treaty-monitoring bodies of the Council of Europe, such as the Committee for the Prevention of Torture and the Framework Convention for the Protection of Minorities. The relevant work of other European level bodies in the field of disability - including the Organization for Economic Co-operation and Development and the European Conference of Transport Ministers, especially with respect to emergency planning and disability - is also reviewed. An account is given of the relevant activities of various European level civil society groups, including the European Disability Forum, the European Coalition for Community Living, and the Mental Disability Advocacy Group. The Yearbook contains a bibliography of major publications in the field of European disability law and policy, as well as an addendum containing the full text of the most significant documents and policy developments. (Series: European Yearbook of Disability Law - Vol. 2)

This handbook provides a comprehensive and authoritative state-of-the-art review of the current and emerging research and policy on disability law. Bringing together a team of respected and experienced experts, the handbook offers a range of jurisdictional and multidisciplinary perspectives. The authors consider historical and contemporary, as well as comparative perspectives of disability law. Divided into three parts, the contributors provide a comprehensive reference to the theoretical underpinnings, ongoing debates and emerging fields within the subject. The study provides a strong basis for consideration of contemporary disability law, its research foundations, and progressive developments in the area. The book incorporates interdisciplinary and comparative country perspectives to capture the breadth of current discourse on disability law. This handbook provides a valuable resource for a wide range of scholars, public and private researchers, NGOs, and practitioners working in the area of disability law, and across national and transnational disability schemes. The work will be of important interest to those in the fields of sociology, history, psychology, economics, political science, rehabilitation sciences, medicine, technology, and law, among others.

This book, exploring the theoretical and practical implications of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), brings together an international and interdisciplinary group of leading researchers in the areas of philosophy of disability, disability law, and disability policy. It addresses both the philosophical foundations of the CRPD as well as complex contemporary legal and policy debates. With a comprehensive introduction outlining key milestones in the development and implementation of the CRPD, the book addresses the most fundamental questions the CRPD raises for the way we think about human rights, law, and disability, and how we operationalize rights in the legal and policy domains. The contributors traverse themes of personhood, equality, capacity, and intersectionality, explore the dilemmas involved in translating these concepts in practice, and reflect on the promises and limitations of the human rights project.

This text ventures into the area where law and disability intersect. Drawing on developments in the emerging field of disability studies and on a new-found human rights perspective on disability, the contributions traverse topics as wide-ranging as citizenship, feminism, eugenics, euthanasia, and sexual abuse of people with disabilities, and analyze disability law at both a domestic and international level. Informed by the social model of disability, this work brings together academics and disability activists from Australia, Europe and North America. The book is interdisciplinary in nature, with contributors coming from sociology, education, law, geography, philosophy, and cultural studies.

This book provides an international comparative study of the implementation of disability rights law and policy focused on the emerging principles of self-determination and personalisation. It explores how these principles have been enshrined in the United Nations Convention on the Rights of Persons with Disabilities and how different jurisdictions have implemented them to enable meaningful engagement and participation by persons with disabilities in society. The philosophy of 'active citizenship' underpinning the Convention - that all citizens should (be able to) actively participate in the community - provides the core focal point of this book, which grounds its analysis in exploring how this goal has been imagined and implemented across a range of countries. The case studies examine how different jurisdictions have reformed disability law and policy and reconfigured how support is administered and funded to ensure maximum choice and independence is accorded to people with disabilities.

This Ability is Cotter's third book in a series dealing with discrimination law. Having looked at the theme of 'gender discrimination' in Gender Injustice and 'race discrimination' in Race Matters, this further installment takes a similar approach and structure to illustrate comparisons and contradictions in discrimination law. Disability Law is an increasingly important area in combating disability discrimination. This Ability provides readers with a better understanding of the issue of inequality and aims to increase the likelihood of achieving equality at both the national and international levels for those with disabilities while at the same time educating those without disabilities. The work examines the primary role of legislation and its impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination. By providing a detailed examination of the relationship between disability issues and the law, this book will be an important read for those concerned with equality.