The Reception of Article 12 of the Convention on the Rights of Persons with Disabilities in the United States (New York), Mexico, and Peru
13 Pages Posted: 23 Jan 2017
Date Written: January 20, 2017
In this paper I examine the reception of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) in the courts of two domestic jurisdictions: United States (New York) and Mexico, and through legislative reform in Peru. Adopting a normative standpoint, I compare the value of leading court cases in New York and Mexico as a step towards implementation of the international standard, followed by a summary of Peru’s reform proposal which I believe substantially fulfills international obligations. After this Introduction, I begin with an overview of Article 12 and a criterion by which to assess domestic reception, following which I discuss each jurisdiction separately, addressing the status of international human rights law and CRPD in particular in the jurisdiction, and focusing on one central case and subsequent developments.
Keywords: legal capacity, Convention on the Rights of Persons with Disabilities, CRPD, Article 12, Mexico, Peru, New York
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