The Globalization of Disability Rights Law
Syracuse Journal of International Law and Commerce, Vol. 30, p. 241, 2003
22 Pages Posted: 17 Jul 2012
Date Written: 2003
Abstract
This article traces the development of the disability rights under international law as well as the development of domestic disability laws following the adoption of the Americans with Disabilities Act in the United States in 1990.
Just as globalization has changed the way such areas as corporate, criminal, and environmental law are thought about and practiced, so too has disability rights entered the era of globalization. This Article is divided into four sections. Part I of this Article provides an overview of the development of the human rights model of disability that is now reflected in some countries' domestic disability laws, as well as in international instruments. Part II of this Article documents the development of domestic disability rights laws throughout the world. While the enactment of domestic disability laws in various countries has been influenced by the passage of the Americans with Disabilities Act, these various domestic laws vary widely in structure, coverage, and approach. Part III of the Article presents an analysis of international and regional treaties and binding rules of customary law that have been used to enforce rights of people with disabilities. The final section of this Article includes a discussion of current efforts by the United Nations to enact a treaty on the rights of people with dis- abilities.
Keywords: Convention on the rights of people with disabilities (CRPD), disability law, international human rights law
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