The domestication of the Convention on the Rights of Persons with Disabilities: Domestic legal status of the CRPD and relevance for court judgments

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

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.
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
Chapter16
Pages538-555
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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