Abstract

http://ssrn.com/abstract=1563883
 


 



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


Ronald McCallum


University of Sydney - Faculty of Law

March 3, 2010

Sydney Law School Research Paper No. 10/30

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

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Date posted: March 5, 2010  

Suggested Citation

McCallum, Ronald, The United Nations Convention on the Rights of Persons with Disabilities: Some Reflections (March 3, 2010). Sydney Law School Research Paper No. 10/30. Available at SSRN: http://ssrn.com/abstract=1563883

Contact Information

Ronald McCallum (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
+61 2 9351 0218 (Phone)
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