The Significance of the Convention on the Rights of Persons with Disabilities – and Why it Demands the Creation of an Asian/Pacific Disability Rights Tribunal

18 Pages Posted: 28 Oct 2014

Date Written: October 21, 2014

Abstract

The UN Convention on the Rights of Persons with Disabilities (CRPD) is the most important international human rights document ever drafted and ratified on behalf of persons with disabilities, especially mental disabilities. It has already had a major impact on the behavior of nations in Europe and South America, and even – though still not yet ratified there – in the United States. But it is likely to be of solely symbolic value in Asia and the Pacific unless and until a disability rights tribunal is created in that area, the only part of the world that has no such court or commission. The author and others are currently working toward the creation of a Disability Rights Tribunal for Asia and the Pacific (DRTAP) so as to rectify this situation.

This paper proceeds in this manner. First, I discuss the CRPD and focus on some of its most important articles. Next, I look at its singular role in international human rights law, and why it is so important. Then, I sketch out the contours of the proposed Disability Rights Tribunal for Asia and the Pacific, and explain why it is essential to create such a Tribunal if the CRPD is to have authentic life in this part of the world. I conclude with some modest recommendations.

Keywords: Convention on the Rights of Persons with Disabilities; Disability Rights Tribunal for Asia and the Pacific; international human rights law; mental disability law

Suggested Citation

Perlin, Michael L., The Significance of the Convention on the Rights of Persons with Disabilities – and Why it Demands the Creation of an Asian/Pacific Disability Rights Tribunal (October 21, 2014). NYLS Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2512846 or http://dx.doi.org/10.2139/ssrn.2512846

Michael L. Perlin (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States
212-431-2183 (Phone)

HOME PAGE: http://https://www.nyls.edu/faculty/faculty-profiles/emeriti_faculty/

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