The Experts below are selected from a list of 43302 Experts worldwide ranked by ideXlab platform

Michael Ashley Stein - One of the best experts on this subject based on the ideXlab platform.

  • the Convention on the Rights of persons with disabilities what is at stake for physiatrists and the patients we serve
    Pm&r, 2014
    Co-Authors: Marca Bristo, Cheri A Blauwet, Walter Frontera, Dorothy Weiss Tolchin, Michael Ashley Stein, Kurtis M Hoppe, Kristi L Kirschner
    Abstract:

    In 1945, in the aftermath of World War II, former First Lady Eleanor Roosevelt (and wife of our first president with a disability when elected) was appointed by President Harry Truman to chair the United Nation’s (UN) Human Rights Commission. By all accounts, she relished the experience and recognized the moral force that a Universal Declaration of Human Rights could have in establishing international norms. In 1948, the UN Assembly adopted the Declaration. What followed over the subsequent decades were a series of UN Human Rights treaties and Conventions that called out and underscored that various vulnerable populations (such as children, women, racial minority groups) deserved Human Rights protections too. Whereas, a UN declaration was intended to be aspirational and not legally binding, such was not the case with a Human Rights Convention or treaty [2]. In addition to being a commitment to the international community, a Convention also would require appropriate oversight and monitoring and reporting of the signatory countries. Unfortunately, concerns about national sovereignty have often impeded U.S. Senate ratification of UN Human Rights Conventions, including the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, and, more recently, the Convention on the Rights of Persons with Disabilities (CRPD) [3]. Attention to the Rights of people with disabilities has gained traction since the 1970s, both in the United States and internationally. In 1971, the UN General Assembly adopted The Declaration on the Rights of Mentally Retarded Persons, followed 4 years later by The Declaration on the Rights of Disabled Persons [4]. A push for civil Rights laws for people with disabilities in the United States began in the 1960s, which culminated in such landmark legislation as Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) in 1990. Not surprisingly, those who helped to draft the ADA in the United States also became leaders in the international movement for disability civil Rights and helped to craft the language for the UN CRPD. The document, whose stated purpose is “to promote, protect and ensure the full and equal enjoyment of all Human Rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity” [5] was adopted by the UN in 2006 and has been ratified by 141 countries to date [4]. Despite being signed by President Obama in 2009, efforts to obtain the supermajority (two-thirds or 66 votes) needed for U.S. Senate ratification have thus far fallen short. The reasons for opposition include concerns that the CRPD will infringe on parental Rights, endorse abortion Rights, and compromise U.S. sovereignty. To learn more about these issues, please see the fact sheet prepared by the U.S. International Council on Disabilities that addresses these concerns (http://www.usicd.org/doc/CRPD%20MythsFacts%200719%202013.pdf).

  • participatory justice the un disability Human Rights Convention and the right to participate in sport recreation and play
    Social Science Research Network, 2009
    Co-Authors: Michael Ashley Stein
    Abstract:

    The United Nations Convention on the Rights of Persons with Disabilities (CRPD, or the Convention), together with its Optional Protocol, imparts a Human Rights framework that engages the full spectrum of civil, political, economic, social and cultural Rights. By so doing, the CRPD aims at remedying the systemic deprivation experienced by persons with disabilities throughout the world and seeks to make a reality the concept of participatory justice. Accordingly, the Convention recognizes that “individuals cannot flourish without their joining with other Humans in some sort of collective activities” and acknowledges that “nothing could be more essential to personality, social existence, economic opportunity - in short, to individual well-being and integration into the life of the community - than the physical capacity, the public approval, and the legal right to be abroad in the land.” This chapter briefly recounts the detrimental exclusion of persons with disabilities from the social right to sport, recreation, leisure and play (SRLP) in Human Rights practice, provides an analysis of the content of CRPD Article 30(5) equal participation Rights, and discusses the implications of SRLP Rights for the expressive and socializing affects of the Convention. Further to publisher request only an abstract is furnished.

Tom Syring - One of the best experts on this subject based on the ideXlab platform.

  • european court of Human Rights judgment on expulsion of asylum seekers m s s v belgium greece
    Social Science Research Network, 2011
    Co-Authors: Tom Syring
    Abstract:

    On January 21, 2011, the European Court of Human Rights delivered its judgment in the case of M.S.S. v. Belgium & Greece pertaining to the expulsion of asylum seekers in application of the Dublin Regulation. The decision comes on the heels of a number of recent, related judgments before the Court and the European Court of Justice clarifying states' Rights and obligations under the European Convention on Human Rights ("Convention") and the Common European Asylum System ("CEAS"). Under the Dublin procedure, EU Member States and other cooperating European non-EU Member States are required to determine, based on a hierarchy of objective criteria, which state is responsible for examining an asylum application lodged on their territory. Taking into account the distribution of responsibilities arising out of the Dublin Regulation, along with the individual's Rights enshrined in the Convention, the Court found that Greece had violated Article 3 (prohibition of torture, inHuman or degrading treatment or punishment) for failing to provide adequate detention facilities and living conditions to the applicant; and Article 13 (right to an effective remedy) taken in conjunction with Article 3 of the Convention based on the deficiencies in the asylum procedure followed in the applicant's case and the inherent risk of expulsion to an unsafe country of origin. Furthermore, the Court found that Belgium had violated Article 3 because, by sending the applicant back to Greece, Belgian authorities had exposed him to the risks linked to the deficiencies in the asylum procedure in that state and to detention and living conditions in Greece that were in breach of Article 3. Finally, the Grand Chamber ruled that Belgium violated Article 13 taken in conjunction with Article 3 because it failed to provide the applicant with an effective remedy against the expulsion order. This Insight discusses the legal consequences of this decision on current and future developments in asylum and refugee law.

Alberta Fabbricotti - One of the best experts on this subject based on the ideXlab platform.

  • the concept of inHuman and degrading treatment in international law and its application in asylum cases
    Social Science Research Network, 1998
    Co-Authors: Alberta Fabbricotti
    Abstract:

    This article aims to discuss the recent reading of the non-refoulement rule which qualifies the risk of being subjected in the country of origin to inHuman or degrading treatment as a new ground for granting permission to reside in the State of refuge. Therefore, the author first analyses the concept of ‘inHuman or degrading treatment’ as it derives from either international or domestic practice; then she describes the close connection existing between such a concept and the non-refoulement rule; finally she draws some conclusions on the considered relationship, in particular on the effects of retention of Human Rights general considerations for non-refoulement purposes. The prohibition of ‘inHuman or degrading treatment’ has considerably evolved since the adoption of the 1948 Universal Declaration on Human Rights, either in enlarging or in multiplying its possible fields of application. One of the most relevant results of this evolution has been the broadening of refugee status requirements. In her conclusions, the author wonders whether the illustrated trend is satisfactory and advances several warnings against an uncontrolled enlargement by Human Rights procedures – especially by the European Human Rights Convention monitoring bodies – of grounds for asylum applications admission. In the opinion of the author, this enlargement is of course to e shared from a Humanitarian point of view but is questionable in so far as it raises the unpredictable result of progressively nullifying the very legal nature of asylum.

Rebecca Brown - One of the best experts on this subject based on the ideXlab platform.

  • the role of reasonable accommodation in securing substantive equality for persons with disabilities the un Convention on the Rights of persons with disabilities
    Social Science Research Network, 2010
    Co-Authors: Janet E Lord, Rebecca Brown
    Abstract:

    The United Nations Convention on the Rights of Persons with Disabilities (CRPD or Convention) elaborates for the first time in a legally binding international Human Rights Convention the concept of reasonable accommodation, explicitly linking it to the realization of all Human Rights - civil, political, economic, social, cultural - and embedding it within the non-discrimination mandate. This chapter reviews the concept of reasonable accommodation as it is articulated in the CRPD, the Human Rights treaty where it makes its first appearance. This analysis is then set against the more timid manifestation of the reasonable accommodation duty in other Human Rights realms, including its application in the UN and regional Human Rights systems. The CRPD, in its design, is a roadmap for the re-integration of all Human Rights - civil, political, economic, social and cultural. Keywords: CRPD; Human Rights; United Nation

Janet E Lord - One of the best experts on this subject based on the ideXlab platform.

  • the role of reasonable accommodation in securing substantive equality for persons with disabilities the un Convention on the Rights of persons with disabilities
    Social Science Research Network, 2010
    Co-Authors: Janet E Lord, Rebecca Brown
    Abstract:

    The United Nations Convention on the Rights of Persons with Disabilities (CRPD or Convention) elaborates for the first time in a legally binding international Human Rights Convention the concept of reasonable accommodation, explicitly linking it to the realization of all Human Rights - civil, political, economic, social, cultural - and embedding it within the non-discrimination mandate. This chapter reviews the concept of reasonable accommodation as it is articulated in the CRPD, the Human Rights treaty where it makes its first appearance. This analysis is then set against the more timid manifestation of the reasonable accommodation duty in other Human Rights realms, including its application in the UN and regional Human Rights systems. The CRPD, in its design, is a roadmap for the re-integration of all Human Rights - civil, political, economic, social and cultural. Keywords: CRPD; Human Rights; United Nation