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The UN Convention on the Rights of Persons with Disabilities in PracticeA Comparative Analysis of the Role of Courts$
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Lisa Waddington and Anna Lawson

Print publication date: 2018

Print ISBN-13: 9780198786627

Published to Oxford Scholarship Online: July 2018

DOI: 10.1093/oso/9780198786627.001.0001

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(p.352) 12 Russia
The UN Convention on the Rights of Persons with Disabilities in Practice

Dmitri Bartenev

Ekaterina Evdokimova

Oxford University Press

This chapter analyses how Russian courts have approached principles and standards of the Convention on the Rights of Persons with Disabilities (CRPD) since its ratification by Russia in 2012. Given the monist features of the Russian legal system, the Convention has been used in a relatively large number of judgments. In the majority of cases the CRPD has been used only to reinforce the standards already provided by domestic laws. In a few cases, however, judges interpreted the Convention provisions to establish new legal concepts or to apply progressively Russian laws concerning human rights of people with disabilities. The chapter provides a critical insight into different ways of interpreting (or failing to interpret) CRPD provisions used by Russian courts and it concludes that the impact of the CRPD on case law has so far been limited despite its implementation in the Russian legal system.

Keywords:   Russia, Convention on the Rights of Persons with Disabilities (CRPD), courts, disability rights, interpretation, monist

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