Emergent Disability and the Limits of Equality: A Critical Reading of the UN Convention on the Rights of Persons with Disabilities

50 Pages Posted: 16 Jul 2011

See all articles by Beth Ribet

Beth Ribet

University of California, Los Angeles (UCLA)

Date Written: August 1, 2011

Abstract

The UN Convention on the Rights of Persons with Disabilities marks a shift in international legal relationships to, and conceptions of, disability. The Convention is the first binding international instrument of its kind related to disability. Its premises differ from the earlier World Programme on Disability, and more closely integrate the frameworks of U.S. domestic equal protection and disability civil rights law. Drawing on critical race and feminist theory, this Article critically examines the implications of internationalizing a U.S. disability law framework, with particular attention to the problem of “emergent disability,” or disability which is specifically produced as a consequence of social inequity or state violence.

Keywords: disability law, human rights, critical race theory, international law, critical disability theory, feminist legal theory

Suggested Citation

Ribet, Beth, Emergent Disability and the Limits of Equality: A Critical Reading of the UN Convention on the Rights of Persons with Disabilities (August 1, 2011). Yale Human Rights and Development Law Journal, Vol. 14, 2011. Available at SSRN: https://ssrn.com/abstract=1583056

Beth Ribet (Contact Author)

University of California, Los Angeles (UCLA) ( email )

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