China's Ratification of the Convention on the Rights of Persons with Disabilities: The Implications for Hong Kong

Hong Kong Law Journal, Vol. 38, p. 611, 2008

Posted: 13 Jul 2009

See all articles by Carole J. Petersen

Carole J. Petersen

William S. Richardson School of Law; Matsunaga Institute for Peace, University of Hawaii at Manoa

Date Written: 2008

Abstract

The Convention on the Rights of Persons with Disabilities (CRPD) was drafted with unprecedented input from civil society and entered into force on 3 May 2008, one month after obtaining its twentieth ratification. Although China was only a signatory at the time, it filed its instrument of ratification on 1 August 2008, in time to participate in the first meeting of States Parties in October 2008 and to nominate a member for the first Committee on the Rights of Persons with Disabilities. Pursuant to Article 153 of the Basic Law of the Hong Kong Special Administrative Region, the Central government also commenced negotiations with the local Hong Kong government and ultimately decided to apply the CRPD to Hong Kong, albeit with a questionable declaration that purports to limit the application of the treaty in the field of immigration. The CRPD is an unusually long and detailed treaty and Hong Kong now has an obligation to conduct a comprehensive review of its laws and policies. The author argues that the Disability Discrimination Ordinance and its enforcement model should be amended and that the government should create a central body on disability to review and coordinate executive policies that are necessarily affected by the treaty, particularly those relating to accessibility, inclusive education, and mental health.

Suggested Citation

Petersen, Carole J., China's Ratification of the Convention on the Rights of Persons with Disabilities: The Implications for Hong Kong (2008). Hong Kong Law Journal, Vol. 38, p. 611, 2008 , Available at SSRN: https://ssrn.com/abstract=1432943

Carole J. Petersen (Contact Author)

William S. Richardson School of Law ( email )

2515 Dole Street
Honolulu, HI 96822-2350
United States

HOME PAGE: http://https://www.law.hawaii.edu/personnel/petersen/carole

Matsunaga Institute for Peace, University of Hawaii at Manoa ( email )

Saunders Hall
2424 Maile Way
Honolulu, HI 96822
United States
808-956-6940 (Phone)

HOME PAGE: http://https://peaceinstitute.manoa.hawaii.edu/carole-petersen/

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