Making Human Rights Meaningful for People with Disabilities: Recognising a Right to Advocacy in International Human Rights Law

Abstract

In recent years there has been increasing recognition of the need for proactive measures, beyond anti-discrimination legislation, to ensure the substantive equality of people with disabilities. A statutory advocacy system is one such measure, since it acts as a mechanism for enforcing rights and can also support people with disabilities in exercising their legal capacity. This paper will argue that there is an implied right to advocacy for people with disabilities in international human rights law, drawn from the guarantees to equality before the law and access to justice, particularly as these rights are framed in the Convention on the Rights of Persons with Disabilities.

Keywords: disability, statutory advocacy, access to justice, convention on the rights of persons with disabilities