Mental Disability And The European Convention On Human Rights

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Mental Disability And the European Convention on Human Rights

Author : Peter Bartlett,Oliver Lewis,Oliver Thorold
Publisher : Martinus Nijhoff Publishers
Page : 433 pages
File Size : 40,8 Mb
Release : 2007
Category : Political Science
ISBN : 9789004154230

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Mental Disability And the European Convention on Human Rights by Peter Bartlett,Oliver Lewis,Oliver Thorold Pdf

Mental disability has come of age as a subject of concern under the European Convention on Human Rights. It was only in 1979 that the first significant decision of the ECHR was decided on the subject, and after that, cases were relatively few for many years. It is only recently that this has begun to change. This volume provides an account of where the law currently stands and speculation as to how it may develop. The initial chapters deal with substantive aspects of Convention rights (including issues of detention in institutions, conditions within institutions, medical treatment, problems associated with guardianship and others). The final two chapters move to discuss the practicalities of litigation. The book concludes with a number of appendices (primarily the primary international legal materials of relevance to mental disability rights under the ECHR, and the relevant recommendations and principles from the Council of Europe). It is hoped that this volume, in addition to shedding light on where the law currently stands, will offer practical guidance to lawyers concerning the mechanics of representing people with mental disabilities.

International Human Rights and Mental Disability Law

Author : Michael L. Perlin
Publisher : Oxford University Press
Page : 352 pages
File Size : 43,5 Mb
Release : 2012
Category : Law
ISBN : 9780195393231

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International Human Rights and Mental Disability Law by Michael L. Perlin Pdf

Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems.

Disabled People and European Human Rights

Author : Clements, Luke,Read, Janet
Publisher : Policy Press
Page : 144 pages
File Size : 41,5 Mb
Release : 2003-02-12
Category : Political Science
ISBN : 9781861344250

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Disabled People and European Human Rights by Clements, Luke,Read, Janet Pdf

Over the past two decades, there has been increasing recognition of the ways in which disabled children and adults have been denied human and civil rights that others take for granted. In the year 2000, the Human Rights Act 1998 came into force in the United Kingdom. This book reviews the implications of the Act for disabled people. The book provides a clear and accessible account of the potential of the Human Rights Act to make a positive difference in relation to issues that have been identified through research, policy development and political debate as significant in the lives of disabled people.

Who gets to decide?

Author : Council of Europe
Publisher : Council of Europe
Page : 38 pages
File Size : 41,6 Mb
Release : 2012-04-01
Category : Political Science
ISBN : 8210379456XXX

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Who gets to decide? by Council of Europe Pdf

The right of persons with disabilities to make choices about their lives and enjoy legal capacity on an equal basis with others is one of the most significant human rights issues in Europe today. Being recognised as someone who can make decisions is instrumental in taking control over one’s life and participating in society with others. This Issue Paper describes the challenges faced by Council of Europe member states in dealing with the issue. These include the flaws of current guardianship systems and procedures, the automatic loss of human rights of those placed under guardianship regimes and the pressing need to develop support alternatives giving persons with disabilities equal opportunities to shape their life paths. The paper outlines the applicable international human rights framework, including the UN Convention on the Rights of Persons with Disabilities and the relevant case-law of the European Court of Human Rights. It concludes with examples of good practice to show the way forward. The Commissioner’s Recommendations on legal capacity are published at the beginning of the document.

Mental Illness, Discrimination and the Law

Author : Felicity Callard,Norman Sartorius,Julio Arboleda-Flórez,Peter Bartlett,Hanfried Helmchen,Heather Stuart,José Taborda,Graham Thornicroft
Publisher : John Wiley & Sons
Page : 349 pages
File Size : 52,6 Mb
Release : 2012-03-30
Category : Medical
ISBN : 9781119945826

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Mental Illness, Discrimination and the Law by Felicity Callard,Norman Sartorius,Julio Arboleda-Flórez,Peter Bartlett,Hanfried Helmchen,Heather Stuart,José Taborda,Graham Thornicroft Pdf

This book describes clearly how legislation can be used to advance the rights and entitlements of people with mental health problems. Straightforward and practical, it provides useful information on how to address disabilities so these people may enjoy full citizenship. It presents the key issues succinctly and illustrates these with legislative examples from around the world. This book documents the role that law can play, at all levels, in combating such discrimination and abuse.

The UN Convention on the Rights of Persons with Disabilities

Author : Ilias Bantekas,Michael Ashley Stein,Dimitris Anastasiou
Publisher : Oxford University Press
Page : 1460 pages
File Size : 43,6 Mb
Release : 2018-10-25
Category : Law
ISBN : 9780192538680

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The UN Convention on the Rights of Persons with Disabilities by Ilias Bantekas,Michael Ashley Stein,Dimitris Anastasiou Pdf

This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.

The UN Convention on the Rights of Persons with Disabilities

Author : Oddný Mjöll Arnardóttir,Gerard Quinn
Publisher : BRILL
Page : 344 pages
File Size : 51,9 Mb
Release : 2009-05-06
Category : Law
ISBN : 9789004180802

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The UN Convention on the Rights of Persons with Disabilities by Oddný Mjöll Arnardóttir,Gerard Quinn Pdf

This collection of essays examines the International Convention on the Rights of Persons with disabilities from the global, European and Scandinavian perspectives and the challenge of transposing its provisions into national law. It marks the coming of age of disabilty as a core human rights concern.

The human rights of the mentally ill in Europe

Author : Margaret G. Wachenfeld
Publisher : Unknown
Page : 23 pages
File Size : 53,9 Mb
Release : 1992
Category : Commitment of Mentally Ill
ISBN : 8789040309

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The human rights of the mentally ill in Europe by Margaret G. Wachenfeld Pdf

Lives of the mentally ill.

The right of people with disabilities to live independently and be included in the community

Author : Council of Europe
Publisher : Council of Europe
Page : 60 pages
File Size : 50,7 Mb
Release : 2012-06-01
Category : Social Science
ISBN : 8210379456XXX

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The right of people with disabilities to live independently and be included in the community by Council of Europe Pdf

Recognising the right to live in the community is about enabling people to live their lives to their fullest within society and access the public sphere. A precondition for anyone to enjoy all their human rights, this right is taken for granted by the majority of the population, but is often denied to persons with disabilities, who are instead placed in segregated institutions or in settings which isolate them from the rest of the community. This Issue Paper describes the challenges faced by Council of Europe member states in complying with this right. It traces the right of people with disabilities to live independently and be included in the community to its origins in the most fundamental human rights standards both within the Council of Europe and United Nations systems. The paper draws on Article 19 of the UN Convention on the Rights of Persons with Disabilities to identify the various forms that violations of this right can take, and provides guidance for community-based responses governed by choice, in order to achieve inclusion and participation. The paper shows the link between the right to live in the community and other rights, notably the rightto equal recognition before the law (legal capacity). The Issue Paper ends with a sample of indicators and guidance questions to assess the transition from violationto implementation of the right to live in the community. The Commissioner’s recommendations on the right to live independently and be included in the community are published at the beginning of the document.

The United Nations Convention on the Rights of Persons with Disabilities

Author : Valentina Della Fina,Rachele Cera,Giuseppe Palmisano
Publisher : Springer
Page : 769 pages
File Size : 46,9 Mb
Release : 2017-01-20
Category : Law
ISBN : 9783319437903

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The United Nations Convention on the Rights of Persons with Disabilities by Valentina Della Fina,Rachele Cera,Giuseppe Palmisano Pdf

This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.

Disability Rights Law and Policy: International and National Perspectives

Author : Mary Lou Breslin,Silvia Yee
Publisher : BRILL
Page : 523 pages
File Size : 42,5 Mb
Release : 2021-09-13
Category : Law
ISBN : 9789004478961

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Disability Rights Law and Policy: International and National Perspectives by Mary Lou Breslin,Silvia Yee Pdf

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.

Human Rights and Disabled Persons

Author : Theresia Degener,Yolan Koster-Dreese
Publisher : BRILL
Page : 775 pages
File Size : 49,5 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004479890

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Human Rights and Disabled Persons by Theresia Degener,Yolan Koster-Dreese Pdf

The United Nations' Decade of Disabled Persons has served as a time for standard setting in the field of human rights and disability, and has created the need to evaluate the relevant human rights instruments for disabled persons. This volume responds to this need by offering a collection of essays on the subject of human rights and disability, and an extensive compilation of international and regional human rights instruments, guidelines and principles which are of special relevance to disabled people. It should serve organizations of disabled people as well as governments throughout the world as a resource and as an introduction to human rights and disability. This shortcoming may be one reason for the widely prevailing notion that disability is a welfare issue rather than a human rights issue.

The UN Convention on the Rights of Persons with Disabilities in Practice

Author : Lisa Waddington,Anna Lawson
Publisher : Oxford University Press
Page : 650 pages
File Size : 50,6 Mb
Release : 2018-05-24
Category : Law
ISBN : 9780191090233

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The UN Convention on the Rights of Persons with Disabilities in Practice by Lisa Waddington,Anna Lawson Pdf

Introduced in 2008, the UN Convention on the Rights of Persons with Disabilities has existed for nearly a decade. This comprehensive study examines how courts in thirteen different jurisdictions make use of the Convention. The first sustained comparative international law analysis of the CRPD, Waddington and Lawsons ground breaking text illuminates the intersection between human rights law, disability law and international law through an examination of the role of courts. The first part of the book contains chapters specific to each jurisdiction. The second part consists of comparative chapters which draw on the rich analysis of the jurisdiction-specific chapters. These chapters reflect on emerging patterns of judicial usage and interpretation of the CRPD and on the wider implications for human rights theory and the nascent field of international comparative human rights law. This volume is a vital and thought-provoking addition to the literature on comparative international law and disability rights.

The Disabled Child's Participation Rights

Author : Anne-Marie Callus,Ruth Farrugia
Publisher : Routledge
Page : 180 pages
File Size : 51,6 Mb
Release : 2016-03-02
Category : Juvenile Nonfiction
ISBN : 9781317035824

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The Disabled Child's Participation Rights by Anne-Marie Callus,Ruth Farrugia Pdf

The United Nations Convention on the Rights of Persons with Disabilities is the only UN treaty to date in which the people who are its target, that is disabled people, were actively involved in its drafting and the only one which requires the active participation of disabled people in its implementation. This does not, of course, automatically guarantee the direct participation of all disabled people. This is especially so for children with disabilities, whose status as legal minors may inhibit them from participating in decisions affecting their lives. This book focuses on the participation rights of the disabled child with regard to health, education, homelife and relationships, highlighting ways in which these rights are safeguarded and promoted throughout the EU, as well as exploring the factors that put these rights at risk. Finally, this groundbreaking text analyses whether disabled children’s needs for assistance in order to realise their participation rights results in fewer opportunities to participate or in an increase in support in order for them to be able to do so.

Human Rights--disability--children

Author : Council of Europe
Publisher : Unknown
Page : 264 pages
File Size : 46,9 Mb
Release : 2005
Category : Family & Relationships
ISBN : UOM:39015064120002

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Human Rights--disability--children by Council of Europe Pdf

Too many people with disabilities, particularly children, continue to experience isolation, stigma and social exclusion because they live in specialised institutions. The Conference ""Human Rights- Disability-Children: towards international instrument for disability rights - the special case of disabled children"", organised by the Council o1 Europe in Strasbourg (8-9 November 2004) under its Norwegian Chairmanship, reviewed current Council of Europe instruments to promote and protect the rights of people with disabilities. It focused in particular on the right of children with disabilities to.