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The traditional dichotomy of rights between civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, has been increasingly eroded in scholarly and judicial discourse. The interdependence of the two sets of rights is a fundamental tenet of international human rights law. Nowhere is this interdependence more evident than in the context of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or UN Convention). This article examines the indivisibility and interdependence of rights in the CRPD and, specifically, the positive obligations imposed on States Parties to the UN Convention, in particular the reasonable accommodation duty. The aim of the paper is to analyse, from a disability perspective, the approach adopted by the European Court of Human Rights (ECtHR or 'Strasbourg Court') in developing the social dimension of certain civil and political rights in the European Convention on Human Rights (ECHR), namely Articles 2 and 3 (on the right to life and the prohibition on torture, inhuman and degrading treatment, respectively), Article 8 (on the right to private and family life) and Article 14 ECHR (on non-discrimination). Ultimately, this paper examines the influence of the CRPD on the interpretation by the Strasbourg Court of the rights of persons with disabilities under the ECHR. It argues that, while the Court is building some bridges to the CRPD, the incremental and often fragmented approach adopted by the Court could be moulded into a more principled approach, guided by the CRPD.

The right to education is indispensable in unlocking other substantive human rights and in ensuring full and equal participation of persons with disabilities in mainstream society. The cornerstone of Article 24 of the United Nations Convention on the Rights of Persons with Disabilities seeks to ensure access to inclusive education for persons with disabilities on an equal basis with others as well as the full development of human potential. Since the adoption of the Convention, there has been much theorising about inclusive education; however, there has been little focus on the meaning of equality in the context of the right to education for persons with disabilities. The capability approach, developed by Amartya Sen and further refined by Martha Nussbaum, focuses on ensuring equality and developing human potential. It is often viewed as a tool that can be used to overcome the limitations of traditional equality assessments in the educational sphere, which only measure resources and outcomes. This article explores whether the capability approach can offer new insights into the vision of educational equality contained in the Convention and how that vision can be implemented at the national level.

Building the foundations : disability theory and core themes -- The protection of the rights of persons with disabilities under international human rights law before the adoption of the United Nations Convention on the Rights of Persons with Disabilities -- The United Nations Convention on the Rights of Persons with Disabilities -- Equality and non-discrimination for persons with disabilities -- Accessibility for persons with disabilities -- Legal capacity and human dignity -- Persons with disabilities and the justice system -- The right to work for persons with disabilities -- Disability rights, social inclusion and core policy issues -- Disability law and policy in the European Union -- Disability discrimination in European Union law -- Accessibility in European Union law -- Disability law and policy in the Council of Europe -- Disability law and policy in the inter-American human rights system -- Disability law and policy in the African human rights system and in the Asian transnational regime.

This report analyses and compares European Union (EU) law, with a focus on the Employment Equality Directive and related case law, and the United Nations Convention on the Rights of Persons with Disabilities (CRPD), in the wider context of international human rights law, to establish how they address disability equality and non-discrimination. The report identifies particular areas where the approaches of the UN and the EU to disability equality and non-discrimination law are compatible, and it also identifies the areas where compatibility appears to be lacking.

Ensuring equal opportunities for persons with disabilities is an important facilitator of participation and inclusion in society. Both the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Council of Europe Disability Strategy 2017-2023 address equality and equalisation of opportunities for persons with disabilities. Article 5 of the UNCPRD requires States to adopt positive measures aimed at ensuring equality across the substantive rights in the Convention. The Council of Europe Disability Strategy aims at guiding and supporting the activities of Council of Europe member States in their implementation of the UNCRPD and Council of Europe standards regarding disability, and similarly addresses equality and non-discrimination. The overall goal of this study is to analyse the obligations contained in the UNCRPD regarding equality and non-discrimination, and to provide examples of good national practices regarding equality and non-discrimination. The report pays particular attention to non-discrimination legislation and initiatives in the context of employment and education. As noted by the Office of the High Commissioner for Human Rights (OHCHR), enjoyment of the rights to work and employment and to inclusive education are key factors in promoting equality of persons with disabilities on the whole. The study also provides a checklist for implementing Article 5 of the UNCRPD in light of the Council of Europe Disability Strategy, 2017-2023.

Chapter 1. The (In)Effectiveness of Human Rights: Mapping Existing Research - An Introduction -- Part I. The Effectiveness of International Law: Institutions and Processes -- Chapter 2. Effectiveness of the ICESCR Complaint Mechanism - An Analysis and Discussion of the Spanish Housing Rights Cases -- Chapter 3. Effective Distance: A Polish Dissident's Encounter with Amnesty International and its Western-born Rules -- Part II. The Effectiveness of Human Rights Monitoring and Implementation at the Domestic Level -- Chapter 4. Does the Right to Education Lead to Better Primary Education Outcomes? -- Chapter 5. Paving the Way for Effective Socio-Economic Rights? The Domestic Enforcement of the European Social Charter System in Light of Recent Judicial Practice -- Chapter 6. How Human Rights Cross-Pollinate and Take Root: Local Governments and Refugees in Turkey -- Part III. Human Rights at the Individual Level: Individual Experiences and Key Actors -- Chapter 7. Child Participation as the Holy Grail: Effective and Meaningful Participation in Judicial Proceedings? The Cases of the Immigration System and the Youth Care System in the Netherlands -- Chapter 8. Human Rights Localisation and Individual Agency: From 'Hobby of the Few' to the Few Behind the Hobby -- Annex: Toogdag 2019 Report.

The human rights regime—as law, institutions and practice—has been facing criticism for decades regarding its effectiveness, particularly in terms of unsatisfactory overall implementation and the failure to protect the most vulnerable who do not enjoy the protection of their States: refugees. Turkey is the country hosting the largest refugee population, with around four million at the end of May 2020. As an administratively centralised country, Turkey's migration policy is implemented by central government agencies, but this has not proved sufficient to guarantee the human rights of refugees on the ground. Meanwhile, in connection with urbanisation, decentralisation and globalisation, local governments around the world are receiving increasing attention from migration studies, political science, law, sociology and anthropology. In human rights scholarship, the localisation of human rights and the potential role of local governments have been presented as ways to counter the shortcomings in the effectiveness of the human rights regime and discourse. While local governments may have much untapped potential, a thorough analysis of the inequalities between local governments in terms of access to resources and opportunities is essential. The Turkish local governments which form the basis of this research, operate in a context of legal ambiguity concerning their competences and obligations in the area of migration. They also have to deal with large differences when it comes to resources and workload. In practice, therefore, there is extreme divergence amongst municipalities in the extent to which they engage with refugee policies. This chapter seeks to answer the question why and how certain local governments in Turkey come to proactively engage in policy-making that improves the realisation of refugees' rights. Exploratory grounded field research among Turkish local governments reveals four main factors that enable and facilitate the engagement of local governments in refugee policies: (1) the capacity of and ...

Human rights have been facing criticism on many fronts, including the challenges of the "enforcement gap" and the "citizenship gap", laying bare the shortcomings with regard to the implementation of human rights law as well as regarding its protection of highly vulnerable groups such as refugees. Research on the effectiveness of human rights, the "localisation" of human rights through invocations and practices on the ground, the increased engagement of local authorities with human rights, are all responses to such challenges to some degree. Based on empirical research conducted within municipalities in four countries, this chapter focuses on a missing piece of the puzzle in terms of conceptual and empirical research: the role of "individual agency". We adopt a socio-legal perspective on human rights and demonstrate that individual agency can make an important contribution to the effective implementation of human rights in the field of migration governance. Behind the black box of the state and local authorities, we find individuals who use human rights—as law, practice and discourse—in local policymaking, in circumstances where invoking human rights is not self-explanatory. Finally, we put forward the notion that reasons such as individual background, motivations, and interactions between individuals influence municipal officials' engagement with human rights, and we reflect on the conceptual and practical implications that result from this.