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

See all articles by Tina Minkowitz

Tina Minkowitz

Center for the Human Rights of Users and Survivors of Psychiatry

Date Written: January 20, 2017

Abstract

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

Suggested Citation

Minkowitz, Tina, The Reception of Article 12 of the Convention on the Rights of Persons with Disabilities in the United States (New York), Mexico, and Peru (January 20, 2017). Available at SSRN: https://ssrn.com/abstract=2902629 or http://dx.doi.org/10.2139/ssrn.2902629

Tina Minkowitz (Contact Author)

Center for the Human Rights of Users and Survivors of Psychiatry ( email )

44 Palmer Pond Rd.
Chestertown, NY 12817
United States

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