Interpreting the Convention on the Rights of Persons with Disabilities in domestic courts

Anna Lawson, Lisa Waddington

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

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.
Original languageEnglish
Title of host publicationThe UN Convention on the Rights of Persons with Disabilities in Practice
Subtitle of host publicationA comparative analysis of the role of courts
EditorsLisa Waddington, Anna Lawson
Place of PublicationOxford
PublisherOxford University Press
Chapter15
Pages466-537
ISBN (Print)978-01-9878-662-7
DOIs
Publication statusPublished - 31 May 2018

Publication series

SeriesInternational Law in Domestic Legal Orders

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