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

Social Rights in the face of the Crisis. Reflections on the Spanish Case

Spain and many European countries are going through a critical stage that endangers the achievements of civilization and protection of social rights which are the standard of the constitutionalism of the social-democrati...

The Right to Internal Self-Determination in Peacebuilding Processes: A Reinterpretation of the Concept of Local Ownership from a Legal Perspective

I. INTRODUCTION; II. A RIGHT NEEDS TO BE EXPLORED: INTERNAL SELF-DETERMINATION; II.1. The Legal Foundations of Internal Self-Determination; II.2. The Right to Internal SelfDetermination: Definition, Scope and Methods;...

Legal Aspects of the Financing of Religious Groups in Spain

The purpose of this paper is to analyze the Spanish public polices in the financing of churches and religious organizations. According to this approach, and taking in account that the Spanish legal frame lack of a common...

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...

The Political, Legal and Moral Scope of the Universal Declaration of Human Rights: Pending Issues

With the adoption of the Universal Declaration of Human Rights, a new era began in the recognition and guarantee of human rights in the international area. However, since the moment of its approval, this text has receive...

Download PDF file
  • EP ID EP692930
  • DOI 10.17561/tahrj.n9.6
  • Views 144
  • Downloads 0

How To Cite

Ignacio Campoy Cervera (2017). Legal analysis of article 7 of the convention on the rights of persons with disabilities: children with disabilities. The Age of Human Rights Journal, 9(9), -. https://europub.co.uk/articles/-A-692930