Disability law and human rights: theory and policy

Chapter 1: Introduction -- Chapter 2: Towards Inclusive Equality: Ten Years of the Human Rights Model of Disability in the Work of the UN Committee on the Rights of Persons with Disabilities -- Chapter 3: What Does the CRPD Tell Us about Being Human? -- Chapter 4: Rights, Justice and Flourishing: The Uses and Limitations of Human Rights -- Chapter 5: Disability and the Dilemma of Difference -- Chapter 6: Forms of Equality, Faces of Discrimination: CRPD Article 5, Article 12, and the Disability's Difference Debate -- Chapter 7: The right to autonomy and the conditions that secure it: the relationship between the CRPD and market-based policy reform -- Chapter 8: At the Intersection of Childhood and Disability: Improving Human Rights Protection for Disabled Children -- Chapter 9: The Convention on the Rights of Persons with Disabilities and Mental Health: the Problems, Dilemmas and Untapped Potential -- Chapter 10: Disability and Forced Migration: Critical Connections and the Global South Debate -- Chapter 11: Intersections in Human Rights and Public Policy for Indigenous People with Disability -- Chapter 12: Examining Australia's Performance in Realising CRPD Obligations in Health Through the Lens of COVID-19.

Intro -- Contents -- Notes on Contributors -- 1 Introduction -- Introduction -- The Development of the CRPD -- The Implementation of the CRPD -- Structure and Content of This Book -- View from the Committee: In Conversation with Rosemary Kayess -- References -- 2 Toward Inclusive Equality: Ten Years of the Human Rights Model of Disability in the Work of the UN Committee on the Rights of Persons with Disabilities -- Introduction -- The Convention on the Rights of Persons with Disabilities as Hallmark -- The Committee on the Rights of Persons with Disabilities -- Disability and Human Rights -- General Comments -- The Disability Model of the CRPD -- The Human Rights Model -- CRPD as an Equality Treaty -- General Comment No. 6 on Equality and Non-Discrimination -- Inclusive Equality as a New Equality Concept -- Inclusive Equality and Models of Disability -- Conclusion -- References -- 3 What Does the CRPD Tell Us About Being Human? -- Introduction -- Severe Cognitive and Multiple Disabilities and the Challenge They Present for Human Rights -- The Charge of Speciesism and the Question of Application of Human Rights to All Human Beings -- "We" Capability as a Genuine Human Capability -- The Consequences for People with Severe Cognitive and Multiple Disabilities -- References -- 4 Rights, Justice and Flourishing: The Uses and Limitations of Human Rights -- Introduction -- The Struggle for Personhood and the Promise of Human Rights -- Distributive Justice: State Power and Constraints on the Realization of Rights -- Western Individualist Claims vs Social Autonomy and Freedom -- Heterogeneity and Intersectionality -- Reparatory Justice and Structural Transformation: Can Rights Address the Historical Continuity of Past Injustices? -- The Critical Limitations of Rights Frameworks -- Beyond Rights: Seeking a Flourishing Life -- Conclusion -- References.