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Upholding disability rights in the Americas: the role of the Inter-American institutions

Chen, Ying and McDonough, Paul ORCID: https://orcid.org/0000-0002-9379-5900 2022. Upholding disability rights in the Americas: the role of the Inter-American institutions. Georgia Journal of International and Comparative Law 50 (3) , pp. 599-638.

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Abstract

This Article studies how the adjudicative institutions created by the Inter-American Convention on Human Rights (ACHR) have worked to uphold the rights of persons with disabilities. It argues that those institutions, the Inter-American Commission on Human Rights (the Commission or IACHR) and the Inter-American Court of Human Rights (the Court or IACtHR), have begun to construct a regime of enforceable rights of persons with disabilities by applying international rules and interpretations to fill gaps in a relatively sparse Inter-American disability rights treaty framework. To buttress general principles of equality and non-discrimination with specific rights, the Commission and the Court have turned to the United Nations (UN), and occasionally other international sources of law, to aid in interpreting concepts and terms relating to disability rights. A watershed moment was the adoption of the Convention on the Rights of Persons with Disabilities (CRPD) in 2008, which provided a detailed definition of disability rights that was (and remains) lacking in the Inter-American disability rights treaty, the 2001 Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities (CIADDIS).

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Publisher: University of Georgia
ISSN: 0046-578X
Date of First Compliant Deposit: 9 May 2022
Date of Acceptance: 1 April 2022
Last Modified: 26 Jan 2023 13:34
URI: https://orca.cardiff.ac.uk/id/eprint/149632

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