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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.385) 13 Spain
The UN Convention on the Rights of Persons with Disabilities in Practice

Ignacio Campoy Cervera

Oxford University Press

The Convention on the Rights of Persons with Disabilities (CRPD) became part of the Spanish legal system on 3 May 2008, being placed at the highest normative level. Accordingly, since then the CRPD has been directly applicable by different Spanish courts, which have to interpret fundamental rights in line with CRPD. Nevertheless, the application of CRPD by different Spanish courts has not followed a smooth path. This chapter examines how the CRPD has been used by different Spanish courts, from the lower courts to the Supreme Court and the Constitutional Court, focusing on the rights that have been most frequently referred to the courts: the rights to equality and non-discrimination; equal treatment as a person before the law; access to justice; personal liberty; honour, reputation and privacy; to education; an adequate standard of living; and participation in political and public life.

Keywords:   Spain, Convention on the Rights of Persons with Disabilities (CRPD), court judgments, courts, disability rights, human rights

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