The United Nations Convention on the Rights of Persons with Disabilities: Some Reflections

Abstract:     

On 3 May 2008, the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’) came into force. Australia has ratified the CRPD and its Optional Protocol. The article provides an overview of the origins and development of the CRPD and the substantive and procedural provisions of the CRPD and its Optional Protocol. The article then turns to a discussion of court and tribunal decisions in Australia and the United Kingdom where the CRPD has been cited. This discussion focuses on the decision of the Supreme Court of the Australian State of Victoria in Nicholson v Knaggs, in which Vickery J uses the CRPD to assist in reshaping the Common Law test for testamentary incapacity. The article concludes with an overview of the early work of the CRPD Committee, and discusses the monitoring and the reporting requirements of ratifying countries.

Number of Pages in PDF File: 16

Keywords: disability, human rights, United Nations, legal capacity, Australia

JEL Classification: K10, K30, K33

Accepted Paper Series