Abstract

http://ssrn.com/abstract=1549603
 


 



The Normative Value of a Treaty as Opposed to a Declaration: Reflections from the Convention on the Rights of Persons with Disabilities


Michael Stein


William & Mary Law School; Harvard Law School

February 22, 2010

IMPLEMENTING THE RIGHT TO DEVELOPMENT: THE ROLE OF INTERNATIONAL LAW 27, Stephen P. Marks, ed., 2008
William & Mary Law School Research Paper No. 09-35

Abstract:     
When the General Assembly adopted the United Nations Convention on the Rights of Persons with Disabilities (CRPD) by consensus on December 13, 2006, it culminated a 20-some year process that transformed disability-based protections from resolutions and declarations into core human rights obligations. With consideration currently being given to a convention to formalize the Right to Development (RTD), this chapter offers a few thoughts regarding the normative value of a treaty from the perspective of two participants in the drafting of the CRPD.

Our reflections address the progression from soft laws to treaty obligations, the necessity of building the content of existing rights over time, the opportunity that a convention provides for establishing national benchmarks for implementation, and the role that non-State actors can play as normative change agents. We conclude with a few words on the transcendent value of a State’s commitment to human rights norms regardless of whether they are embedded in soft instruments or legally binding treaties.

Keywords: disability, human rights, development, international cooperation, poverty

Accepted Paper Series


Not Available For Download

Date posted: February 9, 2010 ; Last revised: February 23, 2010

Suggested Citation

Stein, Michael, The Normative Value of a Treaty as Opposed to a Declaration: Reflections from the Convention on the Rights of Persons with Disabilities (February 22, 2010). IMPLEMENTING THE RIGHT TO DEVELOPMENT: THE ROLE OF INTERNATIONAL LAW 27, Stephen P. Marks, ed., 2008; William & Mary Law School Research Paper No. 09-35. Available at SSRN: http://ssrn.com/abstract=1549603

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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