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ERIC Number: EJ1014714
Record Type: Journal
Publication Date: 2013-Jun
Pages: 3
Abstractor: As Provided
ISBN: N/A
ISSN: ISSN-1741-1122
Human Rights Law for Persons with Disabilities in Asia and the Pacific: The Need for a Disability Rights Tribunal
Perlin, Michael L.
Journal of Policy and Practice in Intellectual Disabilities, v10 n2 p96-98 Jun 2013
Human rights are arguably the most significant political force shaping the life experience of people with disability. The "United Nations Convention on the Rights of Persons with Disabilities" sets the standard at an international level, creating both positive and negative rights, and calls upon member states of the United Nations (UN) to develop policies and enact programs to safeguard and progress these rights for people with disabilities. However, without some means of enforcement, UN conventions and national policies can amount to little more than political rhetoric. The paper reviews legal mechanisms and processes established in various regions of the world to enforce the human rights of people with disability. The author examines the role of litigation in upholding the rights of individuals and of groups and critiques the proposed facilitators and barriers to the establishment and effective operation of regional human rights tribunals. Evidence from case law demonstrates that national courts can be powerful forces in mandating the practical implementation of international law. However, litigation in these jurisdictions appear most evident and effective where there has been a body of law established by regional commissions; such as The European Court on Human Rights, The Inter-American Commission on Human Rights, and The African Commission on Human Rights. The United Nations Convention on the Rights of Persons with Disabilities is, potentially, the single most transformative legal initiative affecting persons with disabilities. However, it is unlikely that it will have any significant impact in Asia and the Pacific because of the absence of a regional court or commission in that area of the world. The creation of a Disability Rights Tribunal for Asia and the Pacific offers a solution to this dilemma. (Contains 1 footnote.)
Wiley-Blackwell. 350 Main Street, Malden, MA 02148. Tel: 800-835-6770; Tel: 781-388-8598; Fax: 781-388-8232; e-mail: cs-journals@wiley.com; Web site: http://www.wiley.com/WileyCDA/
Publication Type: Journal Articles; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Asia