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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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Argentina

Argentina

Chapter:
(p.13) 2 Argentina
Source:
The UN Convention on the Rights of Persons with Disabilities in Practice
Author(s):

Ana Laura Aiello

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198786627.003.0002

Argentina is a monist state. The Convention on the Rights of Persons with Disabilities (CRPD) has been part of its domestic law since 2008, and has constitutional status. This chapter provides an overview of how the CRPD is being applied by Argentinian courts. For this purpose, seventy-four judgments are analysed. There are two major findings: first, most relevant judgments involved legal actions against the social welfare system and legal capacity issues; second, most judgments tended to draw on the CRPD as an interpretive aid to domestic law or simply included generic references to the CRPD without putting it to any obvious use in the judgment. An analysis is also provided of how the National Institute against Discrimination, Xenophobia and Racism (INADI), a quasi-judicial body, is applying the CRPD.

Keywords:   Argentina, Convention on the Rights of Persons with Disabilities (CRPD), court judgments, courts, disability rights, interpretation, National Institute against Discrimination, Xenophobia and Racism (INADI)

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