Tuesday, March 14, 2017

Della Fine, Cera, & Palmisano: The United Nations Convention on the Rights of Persons with Disabilities: A Commentary

Valentina Della Fina (National Research Council of Italy (CNR) - Institute for International Legal Studies), Rachele Cera (National Research Council of Italy - Institute for International Legal Studies), & Giuseppe Palmisano (National Research Council of Italy - Institute for International Legal Studies) have published The United Nations Convention on the Rights of Persons with Disabilities: A Commentary (Springer 2017). Here's the abstract:

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.