The role of the judiciary and its relationship to the Convention on the Rights of Persons with Disabilities

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This chapter examines the role of the judiciary with regard to the Convention on the Rights of Persons with Disabilities (CRPD). It considers the relationship which the judiciary have or appear to perceive themselves as having with the CRPD and explores some of the factors seemingly prompting courts to refer to it. The first section reflects on: whether judges are able to choose to refer to the Convention or have a legal duty to do so; the significance of the fact that the CRPD is international law; and whether judges appear to see themselves merely as domestic actors, or as agents or trustees of the CRPD. The second section explores whether judges are referring to the CRPD in response to arguments raised before the court or doing so of their own volition. Also considered are the relevance of amicus curiae interventions; reasons for referral related to the domestic legal system; and the role of particularly engaged individuals.
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
ISBN (Print)978-01-9878-662-7
Publication statusPublished - 31 May 2018

Publication series

SeriesInternational Law in Domestic Legal Orders

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