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Followers and failures of the disability individual complaints in the same European Union (EU) family

Mugabi, Ivan 2017. Followers and failures of the disability individual complaints in the same European Union (EU) family. Presented at: 13th Annual International Conference on Law, 8 Valaoritou Street Kolonaki, 10671 Athens, Greece, 11-14 July 2016. Published in: Frenkel, David A. ed. Role of Law, Human Rights and Social Justice, Justice Systems, Commerce, and Law Curriculum: Selected Issues. 8 Valaoritou Street Kolonaki, 10671 Athens, Greece: The Athens Institute for Education and Research, pp. 74-104.

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Abstract

This piece identifies variances in the conduct of member States with regards to their willingness to accept the application of the individual complaints procedure of the Optional Protocol (OP-CRPD) to the Convention on Rights of persons with disabilities (CRPD). The study goes a step further to examine the legal impacts that this conduct of State might have on the attributes of access to justice by persons with disabilities in both following and failing member States of the CRPD. The implications of having following and failing States Parties to the procedure of individual complaints against State Parties to the Convention on the Rights of Persons with Disabilities. That conduct of States is latter consolidated from the international context and discussed in the perceptive of the various implications this has to persons with disabilities among the EU member States. In that context, on one hand the term follow a CRPD follower is used when referring to a member State in the EU against which persons with disabilities are capable of lodging individual complaints. On the other hand, a failure CRPD State party is used with reference to those members States of the EU that have never accepted the using of the individual complaints mechanism in relation to seeking redress against their actions. In that case Article 1 of the OP-CRPD paragraphs 1 and 2 shall be critically examined though with special attention the members States of the EU. The consequences that might be posted on using of that procedure as enforcement mechanism of disability rights are discussed. Eventually the role of the European Union as one of the Parties to disability instrument is also dealt with the course of this presentation. Issues of upholding State sovereignty and the complications this had of applicability and legitimacy of the individual enforcement among the member States of the EU are afforded deserving attention. The possible ways through which that enforcement problem could be resolved are also briefly pointed out from consideration.

Item Type: Conference or Workshop Item (Paper)
Status: Published
Schools: Law
Department of Politics and International Relations (POLIR)
Subjects: J Political Science > JF Political institutions (General)
J Political Science > JX International law
J Political Science > JZ International relations
K Law > KZ Law of Nations
Publisher: The Athens Institute for Education and Research
ISBN: 978-960-598-104-4
Related URLs:
Last Modified: 28 Jul 2017 09:50
URI: http://orca.cf.ac.uk/id/eprint/102567

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