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Social Rights and the Relational Value of the Rights to Participate in Sport, Recreation, and Play


Michael Stein


William & Mary Law School; Harvard Law School

January 8, 2010

Boston University International Law Journal, Vol. 27, No. 249, 2009
William & Mary Law School Research Paper No. 9-25

Abstract:     
This article considers the contributions of the CRPD to the development of social rights. More specifically, it tracks the normative content of the social rights to participate in sport, recreation and play and considers the relationship of these rights to the substantive equality vision reflected in the Convention. The article begins by charting the paradigmatic shift from a medical model of disability to a social model and ultimately to a rights-oriented understanding of disability that makes possible an equality approach to dismantling persistent disability discrimination and social marginalization, isolation, and exclusion. Next, it analyzes the conceptual framework for social rights in the CRPD and the connection between State obligations to eliminate disability discrimination and social rights’ guarantees for equal participation in sport, recreation, leisure and play. It further considers the content of CRPD’s Article 30(5). Finally, it explores the implications of these rights for the expressive and socializing effects of the Convention.

Number of Pages in PDF File: 30

Keywords: disability, sports, human rights, economic, social and cultural rights

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Date posted: January 11, 2010  

Suggested Citation

Stein, Michael Ashley, Social Rights and the Relational Value of the Rights to Participate in Sport, Recreation, and Play (January 8, 2010). Boston University International Law Journal, Vol. 27, No. 249, 2009; William & Mary Law School Research Paper No. 9-25. Available at SSRN: http://ssrn.com/abstract=1533496

Contact Information

Michael Ashley Stein (Contact Author)
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
(757) 221-3762 (Phone)
Harvard Law School ( email )
1563 Massachussetts Avenue
Pound Hall 423
Cambridge, MA 02138
United States
617-495-1726 (Phone)
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