Suchergebnisse

"This timely Research Handbook provides a comprehensive and wide-ranging exploration of relevant developments concerning disability rights at EU level. It also looks beyond the EU, focusing on how disability has been relevant in EU external relations. In addition, the Handbook considers the interface between EU disability law and Council of Europe law. Expert contributors address key questions related to the scope and impact of EU disability law, examining its compliance with the UN Convention on the Rights of Persons with Disabilities (CRPD) and the gaps that remain to be filled in implementation by the EU. Analyzing the most important and recent developments in EU disability law, the chapters in this Handbook trace its evolution, and assess the extent to which disability rights are protected and promoted in various strands of EU law and policy. The Handbook highlights the connections, overlaps and inconsistencies which exist across those strands. This thought-provoking Research Handbook will be a valuable resource for scholars; researchers and students of disability law, EU law and international law; as well as practitioners, policy makers, civil society organizations and European think tanks engaged with the fields of EU and international disability law"--

Intro -- Preface -- Contents -- About the Editor and Contributors -- Editor -- Contributors -- Abbreviations -- Part I: Tripartite Disability Rights: A Theory -- Chapter 1: States, International Organisations, Other Sovereign Entities and the Architecture of Disability Rights: A Tripartite Approach? -- 1.1 Introduction -- 1.2 States, International Organisations, Sovereign Entities and the Establishment of Disability Rights and Duties -- 1.3 State Responsibility -- 1.3.1 Respecting Disability Rights -- 1.3.2 Protecting Disability Rights -- 1.3.3 Fulfilling Disability Rights -- 1.4 Responsibility of International Organisations -- 1.5 Responsibility of Other Sovereign Entities -- 1.6 Conclusion -- References -- Documents -- Cases -- Bibliography -- Chapter 2: Non-State Persons and Disability Rights and Duties -- 2.1 Introduction -- 2.2 Non-State Persons under the Convention on the Rights of Persons with Disabilities -- 2.3 NGOs and CRPD -- 2.4 Corporations -- 2.4.1 A Duty to Respect and Fulfil Disability Rights: General Initiatives -- 2.4.2 Initiatives Specifically Addressing People with Disabilities -- 2.4.3 Enforcement Mechanisms -- 2.5 Individuals and Disability Rights and Duties -- 2.5.1 Individuals and Disability Rights -- 2.5.2 Individuals and Duties to Those with Disabilities -- 2.6 Conclusion -- References -- Documents -- Bibliography -- Part II: Evolving Regulatory Areas -- Chapter 3: Right to Life v. Right to Health? Disability and Selective Abortion -- 3.1 Introduction -- 3.2 'Pro-life' v. 'Pro-choice' -- 3.2.1 The Question of the Beginning of Life: Comparative Dilemmas -- 3.2.2 Disability-Based Abortion -- 3.2.3 Case Study: The Situation in Poland -- 3.3 The Convention on the Rights of Persons with Disabilities and the 'Pro-life' v. 'Pro-choice' Debate.

The Czech Republic has been in transition from communism to democracy since 1989. How disability has been defined and understood in Czech society is described in political, social and cultural context. The state of law and disability policy is illustrated by a case study involving a mother with a disabled son who had to be placed in an institution due to the lack of financial resources. The case is described as an insight into the current state of disability law and its interpretation in the Czech Republic. This case is examined as a human rights issue and it is argued that the transition from medical model and welfare law to a civil and human rights law, with regard to people with disabilities, has not yet been completed in the Czech Repulic.