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Author : Andrea Broderick,Delia Ferri
Publisher : Cambridge University Press
Page : 639 pages
File Size : 45,8 Mb
Release : 2019-10-31
Category : Law
ISBN : 9781108418195
The first textbook on international and European disability law and policy, analysing the interaction between different legal systems and sources.
Author : Mary Lou Breslin,Silvia Yee
Publisher : BRILL
Page : 523 pages
File Size : 40,6 Mb
Release : 2021-09-13
Category : Law
ISBN : 9789004478961
This volume describes the extraordinary success of the international political movement of people with disabilities to include disability as a human rights issue. The authors are renowned disability rights attorneys, university professors, and activists who practice, teach and work internationally. Published under the Transnational Publishers imprint.
Author : Ottavio Quirico
Publisher : Taylor & Francis
Page : 158 pages
File Size : 42,5 Mb
Release : 2024-06-28
Category : Law
ISBN : 9781040043073
This book investigates the implementation of disability rights and duties in the European Union, aiming to understand its functioning and explore ways forward through a critical analysis of the Convention on the Rights of Persons with Disabilities (CRPD) within the context of international regulation. Along the lines of the integration of fundamental rights within the common market, the EU has indeed progressively adopted meaningful regulation to advance disability rights, which are now essentially shaped by the CRPD. The research considers the interaction between law and policy at the international, EU and Member States’ level, focusing on three essential elements, including the sources of disability law, institutional mechanisms and substantive regulation. Grounded in the distinction between primary rules on law-making and secondary norms on enforcement, the analysis unfolds against the background of the ‘twin’ transitions on sustainability and digitalisation and encompasses the Council of Europe system, particularly in the light of the foreseeable accession of the EU to the European Convention on Human Rights. Arguably, following the progressive development it has facilitated in other regulatory areas, the Court of Justice of the European Union can provide a decisive contribution to advancing inclusiveness for people with disabilities in the Union. The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in EU and international disability law and politics.
Author : Delia Ferri,Andrea Broderick
Publisher : Edward Elgar Publishing
Page : 496 pages
File Size : 55,7 Mb
Release : 2020-11-12
Category : Electronic
ISBN : 178897641X
This timely Research Handbook provides a comprehensive and wide-ranging exploration of relevant developments concerning disability rights at EU level. It also looks beyond the EU, focusing on how disability has been relevant in EU external relations. In addition, the Handbook considers the interface between EU disability law and Council of Europe law. Expert contributors address key questions related to the scope and impact of EU disability law, examining its compliance with the UN Convention on the Rights of Persons with Disabilities (CRPD) and the gaps that remain to be filled in implementation by the EU. Analyzing the most important and recent developments in EU disability law, the chapters in this Handbook trace its evolution, and assess the extent to which disability rights are protected and promoted in various strands of EU law and policy. The Handbook highlights the connections, overlaps and inconsistencies which exist across those strands. This thought-provoking Research Handbook will be a valuable resource for scholars; researchers and students of disability law, EU law and international law; as well as practitioners, policy makers, civil society organizations and European think tanks engaged with the fields of EU and international disability law.
Author : Peter Blanck,Eilionóir Flynn
Publisher : Routledge
Page : 323 pages
File Size : 49,7 Mb
Release : 2016-07-07
Category : Law
ISBN : 9781317043683
This handbook provides a comprehensive and authoritative state-of-the-art review of the current and emerging research and policy on disability law. Bringing together a team of respected and experienced experts, the handbook offers a range of jurisdictional and multidisciplinary perspectives. The authors consider historical and contemporary, as well as comparative perspectives of disability law. Divided into three parts, the contributors provide a comprehensive reference to the theoretical underpinnings, ongoing debates and emerging fields within the subject. The study provides a strong basis for consideration of contemporary disability law, its research foundations, and progressive developments in the area. The book incorporates interdisciplinary and comparative country perspectives to capture the breadth of current discourse on disability law. This handbook provides a valuable resource for a wide range of scholars, public and private researchers, NGOs, and practitioners working in the area of disability law, and across national and transnational disability schemes. The work will be of important interest to those in the fields of sociology, history, psychology, economics, political science, rehabilitation sciences, medicine, technology, and law, among others.
Author : Franziska Felder,Laura Davy,Rosemary Kayess
Publisher : Springer Nature
Page : 268 pages
File Size : 41,9 Mb
Release : 2022-01-17
Category : Social Science
ISBN : 9783030865450
This book, exploring the theoretical and practical implications of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), brings together an international and interdisciplinary group of leading researchers in the areas of philosophy of disability, disability law, and disability policy. It addresses both the philosophical foundations of the CRPD as well as complex contemporary legal and policy debates. With a comprehensive introduction outlining key milestones in the development and implementation of the CRPD, the book addresses the most fundamental questions the CRPD raises for the way we think about human rights, law, and disability, and how we operationalize rights in the legal and policy domains. The contributors traverse themes of personhood, equality, capacity, and intersectionality, explore the dilemmas involved in translating these concepts in practice, and reflect on the promises and limitations of the human rights project.
Author : Rune Halvorsen,Bjørn Hvinden,Julie Beadle Brown,Mario Biggeri,Jan Tøssebro,Anne Waldschmidt
Publisher : Routledge
Page : 248 pages
File Size : 45,5 Mb
Release : 2017-12-01
Category : Health & Fitness
ISBN : 9781317227465
Over the last three decades, a number of reforms have taken place in European social policy with an impact on the opportunities for persons with disabilities to be full and active members of society. The policy reforms have aimed to change the balance between citizens’ rights and duties and the opportunities to enjoy choice and autonomy, live in the community and participate in political decision-making processes of importance for one’s life. How do the reforms influence the opportunities to exercise Active Citizenship? This volume presents the findings from the first cross-national comparison of how persons with disabilities reflexively make their way through the world, pursuing their own interests and values. The volume considers how their experiences, views and aspirations regarding participation vary across Europe. Based on retrospective life-course interviews, the volume examines the scope for agency on the part of persons with disabilities, i.e. the extent to which men and women with disabilities are able to make choices and pursue lives they have reasons to value. Drawing on structuration theory and the capability approach, the volume investigates the opportunities for exercising Active Citizenship among men and women in nine European countries. The volume identifies the policy implications of a process-oriented and multi-dimensional approach to Active Citizenship in European disability policy. It will appeal to policymakers and policy officials, as well as to researchers and students of disability studies, comparative social policy, international disability law and qualitative research methods.
Author : Rune Halvorsen,Bjørn Hvinden,Jerome Bickenbach,Delia Ferri,Ana Marta Guillén Rodriguez
Publisher : Routledge
Page : 240 pages
File Size : 53,5 Mb
Release : 2017-04-28
Category : Health & Fitness
ISBN : 9781317227496
Being an ‘active citizen’ involves exercising social rights and duties, enjoying choice and autonomy, and participating in political decision-making processes which are of importance for one’s life. Amid the new challenges facing contemporary welfare states, debate over just how ‘active’ citizens can and ought to be has redoubled. Presenting research from the first major comparative and cross-national study of active citizenship and disability in Europe, this book analyses the consequences of ongoing changes in Europe – what opportunities do persons with disabilities have to exercise Active Citizenship? The Changing Disability Policy System: Active Citizenship and Disability in Europe Volume 1 approaches the conditions for Active Citizenship from a macro perspective in order to capture the impact of the overall disability policy system. This system takes diverse and changing forms in the nine European countries under study. Central to the analysis are issues of coherence and coordination between three subsystems of the disability policy system, and between levels of governance. This book identifies the implications and policy lessons of the findings for future disability policy in Europe and beyond. It will appeal to policymakers and policy officials, as well as to researchers and students of disability studies, comparative social policy, international disability law and qualitative research methods.
Author : Lee Ann Basser Marks,Melinda Jones
Publisher : BRILL
Page : 428 pages
File Size : 41,5 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004481770
This text ventures into the area where law and disability intersect. Drawing on developments in the emerging field of disability studies and on a new-found human rights perspective on disability, the contributions traverse topics as wide-ranging as citizenship, feminism, eugenics, euthanasia, and sexual abuse of people with disabilities, and analyze disability law at both a domestic and international level. Informed by the social model of disability, this work brings together academics and disability activists from Australia, Europe and North America. The book is interdisciplinary in nature, with contributors coming from sociology, education, law, geography, philosophy, and cultural studies.
Author : Anne-Marie Mooney Cotter
Publisher : Routledge
Page : 363 pages
File Size : 55,8 Mb
Release : 2018-01-18
Category : Law
ISBN : 9781351144667
This Ability is Cotter's third book in a series dealing with discrimination law. Having looked at the theme of 'gender discrimination' in Gender Injustice and 'race discrimination' in Race Matters, this further installment takes a similar approach and structure to illustrate comparisons and contradictions in discrimination law. Disability Law is an increasingly important area in combating disability discrimination. This Ability provides readers with a better understanding of the issue of inequality and aims to increase the likelihood of achieving equality at both the national and international levels for those with disabilities while at the same time educating those without disabilities. The work examines the primary role of legislation and its impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination. By providing a detailed examination of the relationship between disability issues and the law, this book will be an important read for those concerned with equality.
Author : Lisa Waddington,Gerard Quinn,Eilionóir Flynn
Publisher : Unknown
Page : 0 pages
File Size : 44,9 Mb
Release : 2013
Category : Discrimination against people with disabilities
ISBN : 1780681690
The European Yearbook of Disability Law is part of the ongoing research program of the Maastricht Center for Human Rights of Maastricht University and the Center for Disability Law and Policy of the National University of Ireland Galway. The Yearbook reviews the significant developments at the European level regarding disability law and policy. It contains a series of articles on current challenges and developments from senior analysts and academics working in the field. It provides critical insight in the evolution of European disability law and policy and offers analyses of pressing challenges in a broad range of fields. The core of the Yearbook consists of a review of the preceding year's significant events, as well as policy and legal developments within the institutions of the European Union. It reviews major EU policy developments, other publications, and legislative proposals, as well as case law from the Court of Justice of the European Union and the European Court of Human Rights. (Series: European Yearbook of Disability Law - Vol. 4)
Author : Marcia H. Rioux,Lee Ann Basser,Melinda Jones
Publisher : BRILL
Page : 568 pages
File Size : 41,9 Mb
Release : 2011-05-23
Category : Law
ISBN : 9789004189584
This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship.
Author : Arie Rimmerman
Publisher : Cambridge University Press
Page : 205 pages
File Size : 47,6 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781107140714
This book discusses American and European policies surrounding deinstitutionalization and community living, including Articles 12 and 19 of the UNCRPD.
Author : Carmine Conte
Publisher : Bloomsbury Publishing
Page : 207 pages
File Size : 49,8 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509945153
This book analyses the impact of the UN Convention on the Rights of Persons with Disabilities (CRPD) on EU non-discrimination law and governance. The CRPD places the protection of persons with disabilities at the heart of international human rights law. The Convention is the first human rights treaty open for signatures by regional organisations, and the European Union favourably acceded to it in December 2010. Ten years after this historic event, this book explores whether the theory has been put into practice, and examines the effects of the CRPD on EU non-discrimination law and governance. This book brings together the practices of the European Court of Justice (CJEU) with regard to disability discrimination to show whether the CRPD is living up to its full potential to substantially improve the protection of the rights of persons with disabilities in the EU. It examines whether the judicial interpretation of the Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation, does or does not comply with the new legal background delineated by the CRPD. In addition, it investigates whether the governance mechanisms underlying the EU Framework for promoting, protecting and monitoring the CRPD are effectively fostering the implementation of the CRPD and the role of civil society. The prohibition of discrimination on grounds of disability has undergone substantial changes and developments since it was first introduced under international and EU law. This book highlights the main changes to disability discrimination which have occurred in the EU legal order in the last ten years. The book will be of interest to academics, law students and legal practitioners working in the field of EU non-discrimination and equality law.
Author : Lisa Waddington,Gerard Quinn,Eilionóir Flynn
Publisher : Unknown
Page : 0 pages
File Size : 44,7 Mb
Release : 2014-12-22
Category : Discrimination against people with disabilities
ISBN : 1780682883
He European Yearbook of Disability Law is part of the ongoing research programme of the Centre for Disability Law and Policy of the National University of Ireland, Galway and the Maastricht Centre for Human Rights of Maastricht University. The European Yearbook of Disability Law reviews the significant developments at European level regarding disability law and policy. The Yearbook contains a series of articles on current challenges and developments from senior analysts and academics working in the field. It aims to provide critical insight in the evolution of European disability law and policy and offers analyses of pressing challenges in a broad range of fields. The core of the Yearbook consists of a review of the preceding year's significant events, as well as policy and legal developments within the institutions of the European Union. It reviews major EU policy developments, studies and other publications, legislative proposals, and case law from the European Court of Justice and the European Court of Human Rights. --