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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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The Domestication of the Convention on the Rights of Persons with Disabilities

The Domestication of the Convention on the Rights of Persons with Disabilities

Domestic Legal Status of the CRPD and Relevance for Court Judgments

Chapter:
(p.538) 16 The Domestication of the Convention on the Rights of Persons with Disabilities
Source:
The UN Convention on the Rights of Persons with Disabilities in Practice
Author(s):

Lisa Waddington

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198786627.003.0016

This chapter reflects on jurisdiction-specific approaches to the domestication of the Convention on the Rights of Persons with Disabilities (CRPD), considering in particular the domestic legal status of the CRPD and the relevance of that legal status for case law. The chapter explores four dimensions of the CRPD’s legal status: direct effect; indirect interpretative effect (where the CRPD influences the interpretation given to domestic law); use of the CRPD because of commitments to another international treaty; and absence of domestic legal status. With the exception of the first category, all dimensions can potentially present themselves in legal systems which tend towards the monist approach as well as in those which tend towards the dualist approach. The chapter discusses examples of relevant case law and reflects on similarities and differences emerging from a comparison of that case law.

Keywords:   Convention on the Rights of Persons with Disabilities (CRPD), courts, direct effect, disability rights, dualism, indirect effect, international law, monism

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