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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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Interpreting the Convention on the Rights of Persons with Disabilities in Domestic Courts

Interpreting the Convention on the Rights of Persons with Disabilities in Domestic Courts

Chapter:
(p.466) 15 Interpreting the Convention on the Rights of Persons with Disabilities in Domestic Courts
Source:
The UN Convention on the Rights of Persons with Disabilities in Practice
Author(s):

Anna Lawson

Lisa Waddington

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198786627.003.0015

This chapter reflects on the ways in which courts in the thirteen jurisdictions included in this study have interpreted the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). Firstly, it explores the interpretations which CRPD provisions (from the Preamble to Article 30) have been given by different courts in cases analysed in this study. Secondly, it considers various issues concerning the interpretations of the CRPD adopted in the thirteen jurisdictions. This discussion begins by reflecting on the extent to which interpretations of the various provisions appear to converge before moving on to consider the nature of the interpretation techniques being used. It also considers the extent to which judges appear to be drawing on UN guidance and transnational judicial dialogue to inform their understandings of CRPD provisions.

Keywords:   comparative international law, Convention on the Rights of Persons with Disabilities (CRPD), courts, disability rights, interpretation techniques

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