The General Comment on Article 12 of the Convention on the Rights of Persons with Disabilities: A Roadmap for Equality Before the Law

The International Journal of Human Rights, Volume 20, Issue 4, 2016

37 Pages Posted: 15 May 2016

See all articles by Anna Arstein-Kerslake

Anna Arstein-Kerslake

University of Melbourne - Law School

Eilionóir Flynn

National University of Ireland, Galway (NUIG); University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: May 12, 2016

Abstract

This article examines General Comment No. 1 on the right to equal recognition before the law adopted by the United Nations Committee on the Rights of Persons with Disabilities (CRPD Committee). This general comment deals with the contentious right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. There has been much debate about how to secure the right to legal capacity of persons with disabilities while simultaneously providing sufficient protection for other rights, such as the rights to health and freedom from abuse and ill treatment. This article tackles this difficult debate and outlines the solutions proposed in the general comment. It tells the story of the creation of the general comment, based on the authors’ experiences supporting the CRPD Committee during its drafting. It concludes that the general comment is a valuable framework for the effective implementation of Article 12.

Keywords: disabilities, rights

JEL Classification: K00, K39

Suggested Citation

Arstein-Kerslake, Anna and Flynn, Eilionóir, The General Comment on Article 12 of the Convention on the Rights of Persons with Disabilities: A Roadmap for Equality Before the Law (May 12, 2016). The International Journal of Human Rights, Volume 20, Issue 4, 2016. Available at SSRN: https://ssrn.com/abstract=2779383

Anna Arstein-Kerslake (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Eilionóir Flynn

National University of Ireland, Galway (NUIG) ( email )

University Road
Galway, Co. Kildare
Ireland

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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