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1

United Nations. Committee on the Rights of Persons with Disabilities, ed. Compendium on submissions to CRPD 2016: Compendium on Convention on the Rights of Persons with Disabilities. Kenya National Commission on Human Rights, 2016.

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2

Domański, Maciej, and Bogusław Lackoroński. Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD). Routledge, 2023. http://dx.doi.org/10.4324/9781003463016.

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3

Wŏn, Chae-ch'ŏn. Yuen changaein kwŏlli hyŏbyak e pich'uŏ pon Pukhan changaein inkwŏn: UN CRPD and its implementation in North Korea. Kongdongch'e, 2019.

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4

Rangita De Silva de Alwis. The intersections of the CEDAW and CRPD: Putting women's rights and disability rights into action in four Asian countries. Wellesley Centers for Women, 2010.

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5

California. Attorney General's Public Rights Division. Civil Rights Enforcement Section. and California. Dept. of Justice., eds. Legal rights of persons with disabilities. California Dept. of Justice, 1997.

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6

Despouy, Leandro. Human rights and disabled persons. United Nations, 1993.

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7

Gaff, Angela. The human rights of persons with disabilities. Al-Haq, 1994.

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8

Banerjee, Gautam. Legal rights of persons with disability. Rehabilitation Council of India, 2004.

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9

Shuvalova, Irina. Protection of the rights of persons with disabilities. INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/999759.

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The manual contains all the necessary information and covers a wide range of issues often experienced by persons with disabilities. Concepts and categories in the sphere of protection of rights of persons with disabilities, taking into account especially the protection of the rights of children with disabilities and their families, for examples, gives practical recommendations.
 Covers all aspects of current legislation as at 1 October 2019.
 Addressed to all those interested in the protection of the rights of persons with disabilities.
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10

Osaka, Hurights, ed. Shōgaisha no kenri: Rights of persons with disabilities. Gendai Jinbunsha, 2003.

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11

1961-, Degener Theresia, and Koster-Dreese Yolan, eds. Human rights and disabled persons: Essays and relevant human rights instruments. M. Nijhoff, 1995.

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12

Della Fina, Valentina. The Committee on the Rights of Persons with Disabilities. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-39415-7.

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13

University of Minnesota. Human Rights Resource Center, ed. Human rights. Yes!: Action and advocacy on the rights of persons with disabilities. 2nd ed. University of Minnesota Human Rights Resource Center, 2012.

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14

Della Fina, Valentina, Rachele Cera, and Giuseppe Palmisano, eds. The United Nations Convention on the Rights of Persons with Disabilities. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-43790-3.

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15

Tucker, Bonnie P. Legal rights of persons with disabilities: An analysis of federal law. LRP Publications, 1991.

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16

National Forum of Organisations Working with the Disabled, ed. State of the rights of persons with disabilities in Bangladesh, 2011. Disability Rights Watch Group, Bangladesh in association with National Forum of Organizations, 2011.

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17

United Nations. Office of the High Commissioner for Human Rights and Inter-parliamentary Union, eds. From exclusion to equality: Realizing the rights of persons with disabilities. United Nations, 2015.

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18

Rukmal, Janitha. Policy brief on political rights and representation of persons with disabilities. Edited by Centre for Monitoring Election Violence (Sri Lanka). Centre for Monitoring Election Violence, 2016.

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19

S, Herr Stanley, Gostin Larry O, and Koh Harold Hongju 1954-, eds. The human rights of persons with intellectual disabilities: Different but equal. Oxford University Press, 2003.

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20

Rahman, Nafeesur, Wasiur Rahman Tonmoy, Md Mozahidul Islam Noyan, and Farzana Matin. National & international commitments towards establishing the rights & privileges of persons with disabilities. National Forum of Organizations Working With the Disabled & Handicap International--Bangladesh, 2005.

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21

United Nations. Office of the High Commissioner for Human Rights. and Inter-parliamentary Union, eds. From exclusion to equality: Realizing the rights of persons with disabilities : handbook for parliamentarians on the Convention of the Rights of persons with disabilities and its optional protocol. United Nations, 2007.

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22

Nations, United. From exclusion to equality: Realizing the rights of persons with disabilities : handbook for parliamentarians on the Convention of the Rights of persons with disabilities and its optional protocol. United Nations, 2007.

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23

Nations, United. From exclusion to equality: Realizing the rights of persons with disabilities : handbook for parliamentarians on the Convention of the Rights of persons with disabilities and its optional protocol. United Nations, 2007.

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24

Arnardóttir, Oddný Mjöll, and Quinn G, eds. The UN Convention on the Rights of Persons with Disabilities: European and Scandinavian perspectives. Martinus Nijhoff Publishers, 2009.

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25

Ssengooba, Medi. "Like a death sentence": Abuses against persons with mental disabilities in Ghana. Human Rights Watch, 2012.

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26

Association, International Debate Education, ed. Inclusion for all: The UN Convention on the Rights of Persons with Disabilities. International Debate Education Association, 2010.

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27

United Nations. Dept. of Economic and Social Affairs., ed. The United Nations and persons with disabilities: The first 50 years. United Nations, 2000.

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28

Karna, G. N. United Nations and the rights of disabled persons: A study in Indian perspective. A.P.H. Pub. Corp., 1999.

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29

McRae, Amanda. "Once you enter, you never leave": Deinstitutionalization of persons with intellectual or mental disabilities in Croatia. Human Rights Watch, 2010.

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30

Bernard, Françoise Bidaud. L'obligation d'emploi des travailleurs handicapés: De l'injonction légale aux situations vécues. Étude intensive de relations : employeurs/employé. A.N.R.T., Université de Lille III, 2000.

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31

Aryeh Greenfield-A.G. Publications (Israel), ed. Equal rights for persons with disabilities: Laws and regulations : in full text English translations. 5th ed. Aryeh Greenfield-A.G. Publications, 2011.

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32

Ilias, Bantekas, Stein Michael Ashley, and Anastasiou Dimitris, eds. The UN Convention on the Rights of Persons with Disabilities. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198810667.001.0001.

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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, and literature on the topic in question. Although primarily addressed to lawyers, 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.
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33

Waddington, Lisa, and Anna Lawson, eds. The UN Convention on the Rights of Persons with Disabilities in Practice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.001.0001.

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The UN Convention on the Rights of Persons with Disabilities (CRPD) has been in force for nearly a decade. This book examines how the Convention has been given effect and interpreted in thirteen different jurisdictions. It has two main interconnected aims. The first is to investigate and compare the way in which the CRPD has been interpreted and applied by courts in different jurisdictions. The second is to investigate and deepen understanding of the CRPD’s influence at the domestic level. The first of these aims situates this study within the emerging field of comparative international law—to which it offers the first major contribution addressing an international human rights treaty other than the UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). The second situates it within the field of disability law—to which it offers the first sustained analysis of how the CRPD influences domestic court judgments. Besides the thirteen jurisdiction-specific chapters (written by experts in both the CRPD and the particular jurisdiction in question), comparative analysis is provided in four chapters—addressing respectively the interpretation of CRPD provisions by domestic courts; the legal status of the CRPD in domestic law and its relevance to domestic case law; the uses made of the CRPD by domestic courts; and the judiciary’s role and perception of its relationship with the CRPD. The book also includes reflections on the implications of this study, and previous comparative international law studies of CEDAW, for human rights theory.
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34

Waddington, Lisa. The Domestication of the Convention on the Rights of Persons with Disabilities. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0016.

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This chapter reflects on jurisdiction-specific approaches to the domestication of the Convention on the Rights of Persons with Disabilities (CRPD), considering in particular the domestic legal status of the CRPD and the relevance of that legal status for case law. The chapter explores four dimensions of the CRPD’s legal status: direct effect; indirect interpretative effect (where the CRPD influences the interpretation given to domestic law); use of the CRPD because of commitments to another international treaty; and absence of domestic legal status. With the exception of the first category, all dimensions can potentially present themselves in legal systems which tend towards the monist approach as well as in those which tend towards the dualist approach. The chapter discusses examples of relevant case law and reflects on similarities and differences emerging from a comparison of that case law.
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35

Lawson, Anna, and Lisa Waddington. Interpreting the Convention on the Rights of Persons with Disabilities in Domestic Courts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0015.

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This chapter reflects on the ways in which courts in the thirteen jurisdictions included in this study have interpreted the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). Firstly, it explores the interpretations which CRPD provisions (from the Preamble to Article 30) have been given by different courts in cases analysed in this study. Secondly, it considers various issues concerning the interpretations of the CRPD adopted in the thirteen jurisdictions. This discussion begins by reflecting on the extent to which interpretations of the various provisions appear to converge before moving on to consider the nature of the interpretation techniques being used. It also considers the extent to which judges appear to be drawing on UN guidance and transnational judicial dialogue to inform their understandings of CRPD provisions.
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36

Waddington, Lisa. The Role of the Judiciary and Its Relationship to the Convention on the Rights of Persons with Disabilities. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0018.

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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.
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37

Grischow, Jeff D., and Magnus Mfoafo-M'Carthy, eds. Disability Rights and Inclusiveness in Africa. Boydell and Brewer Limited, 2022. http://dx.doi.org/10.1017/9781800103825.

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38

Richardson, Genevra. Human rights in community psychiatry. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780198788065.003.0013.

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This chapter examines the increased concern for human rights within the global mental health policy agenda and considers what value human rights might add in relation to the use of coercion in community mental health. It describes the position underlying the European Convention on Human Rights (ECHR) and compares it with the more radical approach of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). While the CRPD might be more challenging to mental health professionals, it contains within its principles that the wishes and preferences of the person be centre stage and as such deserve to be taken seriously in the provision of community mental health care.
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39

Lawson, Anna. Uses of the Convention on the Rights of Persons with Disabilities in Domestic Courts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0017.

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This chapter draws on data provided in Chapters 2–14 to carry out a functional analysis, identifying and exploring seven ways in which the Convention on the Rights of Persons with Disabilities (CRPD) has been used in the court judgments in the cases analysed in this study: first, its use to invalidate or declare unconstitutional national or regional legislation judged to be inconsistent with it; second, its use to overturn or radically reinterpret domestic jurisprudence or legal doctrine; third, its use to provide normative content to proactively ‘fill gaps’ in domestic law; fourth, its use to help resolve ambiguities in domestic law (statutory or otherwise); fifth, its use to bolster or support decisions based on domestic or other international authorities; sixth, its use to affirm the importance of the human rights of disabled people; and, finally, its use as a check on executive or public body decision-making. Christopher McCrudden’s comparative international law analysis is referenced to illuminate the discussion.
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40

Holliday, Jenna. Disability rights and domestic work in ASEAN. ILO, 2023. http://dx.doi.org/10.54394/ifdn9872.

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This brief recommends that Association of South-East Asia (ASEAN) Member States implement the Convention on the Rights of Persons with Disabilities (CRPD) enabling full social and economic inclusion of persons with disabilities. Towards this, decent working conditions, as well as skills training and recognition, should be ensured for migrant domestic workers and other care service providers.
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41

Francesco, Palermo, Giuseppe Martinico, and Delia Ferri. Federalism and the Rights of Persons with Disabilities: The Implementation of the CRPD in Federal Systems and Its Implications. Bloomsbury Publishing Plc, 2023.

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42

Cervera, Ignacio Campoy. Spain. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0013.

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The Convention on the Rights of Persons with Disabilities (CRPD) became part of the Spanish legal system on 3 May 2008, being placed at the highest normative level. Accordingly, since then the CRPD has been directly applicable by different Spanish courts, which have to interpret fundamental rights in line with CRPD. Nevertheless, the application of CRPD by different Spanish courts has not followed a smooth path. This chapter examines how the CRPD has been used by different Spanish courts, from the lower courts to the Supreme Court and the Constitutional Court, focusing on the rights that have been most frequently referred to the courts: the rights to equality and non-discrimination; equal treatment as a person before the law; access to justice; personal liberty; honour, reputation and privacy; to education; an adequate standard of living; and participation in political and public life.
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43

Aichele, Valentin. Germany. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0006.

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This chapter analyses the use and interpretation of the Convention on the Rights of Persons with Disabilities (CRPD) in sixty-nine decisions of German federal courts between 2009 and mid-2016. German courts’ failure to be proactive in demonstrating ‘friendliness towards public international law’ when dealing with international human rights norms has been criticised. The National CRPD Monitoring Mechanism addressed problems in the application of the law. This chapter investigates the courts’ understanding of basic CRPD concepts, judicial techniques, interpretation methods and specific CRPD provisions. The importance of the concepts of self-executing provisions and direct effect is discussed. In quantitative terms, German courts have referred to the CRPD more often than any other UN international human rights instrument. Furthermore, in qualitative terms, federal courts have become more receptive towards the CRPD. However, it is clear that much of the potential for courts to use the CRPD in the realisation of the rights of persons with disabilities remains untapped.
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44

Smith, Matthew S., and Michael Ashley Stein. Mexico. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0011.

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This chapter analyses how Mexico’s Supreme Court has applied the Convention on the Rights of Persons with Disabilities (CRPD) to decide cases involving persons with disabilities following its 2011 constitutional reform. Although the Court has c to develop instructive case law on incorporating the CRPD into the domestic legal order, it has frequently failed to do so in an even-handed manner. Even when the Court has sided with petitioners with disabilities, its application of the CRPD to the facts of the case has been erratic, both making it difficult to predict how the Court will adjudicate future claims and also hindering the CRPD’s transformative potential for changing how individuals, organisations and society at large act towards persons with disabilities through its expressive value. Civil society organisations that have advocated for progressive rulings have a responsibility for educating the Court to develop workable judicial tests for CRPD-based claims.
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45

Flynn, Eilionóir. Ireland. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0008.

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Ireland’s constitution adopts a dualist approach to international law. It is in a unique position as a state which has not ratified the Convention on the Rights of Persons with Disabilities (CRPD), but one which is obliged to adhere to the provisions of the CRPD in EU law, by virtue of the EU’s conclusion of the CRPD in 2010. To date, the CRPD has been referenced in a number of cases before the Irish courts in the context of employment equality law and mental health law. This chapter examines the extent of the impact that the CRPD can have on the judgments of domestic courts on disability rights in advance of the state’s ratification of the Convention.
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46

Atrey, Shreya. India. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0007.

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This chapter provides an expository account of Indian appellate courts’ engagement with the Convention on the Rights of Persons with Disabilities (CRPD) and the developing case law on disability rights. As a dualist State, India has ratified but not incorporated the CRPD into its domestic law. This has not deterred frequent references to the CRPD in litigation at the highest level. The appellate courts—High Courts and the Supreme Court—have resorted to the CRPD in diverse ways. The analysis of the small but not insignificant body of case law shows that these instances can be classified into two broad themes of ‘citation’ and ‘interpretation’. In the final analysis, the overall impact of references to the CRPD can be considered largely positive but still modest in the absence of new legislation embracing the human rights framework and social model of the CRPD in India.
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47

Kamundia, Elizabeth. Kenya. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0010.

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This chapter describes the use of the Convention on the Rights of Persons with Disabilities (CRPD) by Kenyan courts. The chapter analyses fourteen cases in which Kenyan courts have made reference to the CRPD and finds that there is a steady increase in the usage of CRPD provisions by Kenyan courts, particularly since the coming into force of the Constitution of Kenya in 2010 which transformed Kenya into a monist state. The most widespread use of the CRPD is to support a decision that would have been reached anyway, based on other sources; however, in a few cases, the CRPD has significantly impacted on court judgments. The vast majority of references to the CRPD in court cases were references to specific CRPD articles including Articles 2, 4, 5, 12, 26, 27, 28 and 29. Kenyan courts are not currently engaging in a transnational dialogue regarding the CRPD.
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48

Bartenev, Dmitri, and Ekaterina Evdokimova. Russia. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0012.

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This chapter analyses how Russian courts have approached principles and standards of the Convention on the Rights of Persons with Disabilities (CRPD) since its ratification by Russia in 2012. Given the monist features of the Russian legal system, the Convention has been used in a relatively large number of judgments. In the majority of cases the CRPD has been used only to reinforce the standards already provided by domestic laws. In a few cases, however, judges interpreted the Convention provisions to establish new legal concepts or to apply progressively Russian laws concerning human rights of people with disabilities. The chapter provides a critical insight into different ways of interpreting (or failing to interpret) CRPD provisions used by Russian courts and it concludes that the impact of the CRPD on case law has so far been limited despite its implementation in the Russian legal system.
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49

Waddington, Lisa. The European Union. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0005.

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The EU’s accession to the Convention on the Rights of Persons with Disabilities (CRPD) implies an important role for the Court of Justice of the European Union (CJEU). Given that the Court has the task of interpreting the CRPD as an instrument of EU law and, in particular, ensuring that EU secondary legislation is interpreted in a manner which is compatible with the Convention wherever possible, it is not surprising to find references to the CRPD in a number of judgments and Opinions of its Advocate General rendered both before, and primarily after, the conclusion of the CRPD by the EU. This chapter explores those judgments and Opinions in some depth, looking at the status of international agreements concluded by the EU; how the CRPD has been incorporated into EU law; and discussing case law that has referred to the CRPD, and analysing the extent to and way in which the CJEU has interpreted the CRPD.
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50

Aiello, Ana Laura. Argentina. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0002.

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Argentina is a monist state. The Convention on the Rights of Persons with Disabilities (CRPD) has been part of its domestic law since 2008, and has constitutional status. This chapter provides an overview of how the CRPD is being applied by Argentinian courts. For this purpose, seventy-four judgments are analysed. There are two major findings: first, most relevant judgments involved legal actions against the social welfare system and legal capacity issues; second, most judgments tended to draw on the CRPD as an interpretive aid to domestic law or simply included generic references to the CRPD without putting it to any obvious use in the judgment. An analysis is also provided of how the National Institute against Discrimination, Xenophobia and Racism (INADI), a quasi-judicial body, is applying the CRPD.
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