Legal analysis of article 7 of the convention on the rights of persons with disabilities: children with disabilities
Journal Title: The Age of Human Rights Journal - Year 2017, Vol 9, Issue 9
Abstract
The aim of this article is to carry out an in-depth analysis of Article 7, “Children with disabilities”, of the Convention on the Rights of Persons with Disabilities. First of all it is explained how the Article 7 is the result of two different models of human rights: the “renewed” protectionism in relation with the children’s rights and the social model in relation with the rights of persons with disabilities. After, it is explained how was the development of the creation of Article 7 within the Ad Hoc Committee which was created for the elaboration of the Convention. In an extensive section it is analysed the wording of Article 7, particularly taking account of the General Comments of the Committee on the Rights of Persons with Disabilities and the Committee on the Rights of the Child. Finally, the analysis of the meaning and scope of Article 7 is completed, taking into account other articles of the Convention and the jurisprudence of the European Court of Human Rights
Authors and Affiliations
Ignacio Campoy Cervera
Keywords
Related Articles
- EP ID EP692930
- DOI 10.17561/tahrj.n9.6
- Views 146
- Downloads 0
Legal Protection of the Rights of Older Persons against Ageism
Human beings go through stages of vulnerability during their evolution and development. Old age is one of these. The rights of older persons are acknowledged to a certain degree but have not yet been developed into an in...
Performative Hate Speech Acts. Perlocutionary and Illocutionary Understandings in International Human Rights Law
The first part of this work analyses the concept of hate speech and its legal-philosophical foundations linked to freedom of speech, through the use of tools provided by current trends in the theory of performativity. Th...
The Role of Social Movements in the Recognition of Gender Violence as a Violation of Human Rights: From Legal Reform to the Language of Rights
The history of rights shows that the struggle for the recognition of women’s rights was difficult enough and the recognition of the right of women to a life without gender violence has been even more difficult. With a pe...
Femicide and Gender Violence in Mexico: Elements for a Systemic Approach
This article aims to address gender violence and femicide through the analysis of several aspects related with its reality and current problematic or conundrum, the new standards to widen gender perspective in the minist...
A Critique of the Demise of Heads of State Immunity in the Age of Human Rights
This paper presents an unspoken aspect of Head of State immunity, namely that such immunity is at odds with the expectation that international law should be applied to challenge resistance to and promote respect for huma...