1,721,077 research outputs found
Australia
No full textGiven the dualist nature of the Australian legal system, the potential for the Convention on the Rights of Persons with Disabilities (CRPD) to impact on case law is seemingly limited. Nevertheless, a wide range of Australian courts have referenced the Convention in their judgments, and the Convention has certainly been used to bolster or support the reasoning of courts in a number of cases, with at least one court going as far as interpreting Convention provisions and using this interpretation to further the development of domestic law on disability rights. On the other hand, Australian courts have also on occasions explicitly stated that they found the Convention to be inapplicable or irrelevant and have given a variety of reasons for reaching this finding. The Australian cases explored in this chapter therefore represent a wide diversity of judicial responses to the CRPD, and provide the basis for a fruitful discussion and analysis
The domestication of the Convention on the Rights of Persons with Disabilities: Domestic legal status of the CRPD and relevance for court judgments
No full textThis chapter reflects on jurisdiction-specific approaches to the domestication of the Convention on the Rights of Persons with Disabilities (CRPD), considering in particular the domestic legal status of the CRPD and the relevance of that legal status for case law. The chapter explores four dimensions of the CRPD’s legal status: direct effect; indirect interpretative effect (where the CRPD influences the interpretation given to domestic law); use of the CRPD because of commitments to another international treaty; and absence of domestic legal status. With the exception of the first category, all dimensions can potentially present themselves in legal systems which tend towards the monist approach as well as in those which tend towards the dualist approach. The chapter discusses examples of relevant case law and reflects on similarities and differences emerging from a comparison of that case law
The European Union
No full textThe EU’s accession to the Convention on the Rights of Persons with Disabilities (CRPD) implies an important role for the Court of Justice of the European Union (CJEU). Given that the Court has the task of interpreting the CRPD as an instrument of EU law and, in particular, ensuring that EU secondary legislation is interpreted in a manner which is compatible with the Convention wherever possible, it is not surprising to find references to the CRPD in a number of judgments and Opinions of its Advocate General rendered both before, and primarily after, the conclusion of the CRPD by the EU. This chapter explores those judgments and Opinions in some depth, looking at the status of international agreements concluded by the EU; how the CRPD has been incorporated into EU law; and discussing case law that has referred to the CRPD, and analysing the extent to and way in which the CJEU has interpreted the CRPD
The role of the judiciary and its relationship to the Convention on the Rights of Persons with Disabilities
No full textThis chapter examines the role of the judiciary with regard to the Convention on the Rights of Persons with Disabilities (CRPD). It considers the relationship which the judiciary have or appear to perceive themselves as having with the CRPD and explores some of the factors seemingly prompting courts to refer to it. The first section reflects on: whether judges are able to choose to refer to the Convention or have a legal duty to do so; the significance of the fact that the CRPD is international law; and whether judges appear to see themselves merely as domestic actors, or as agents or trustees of the CRPD. The second section explores whether judges are referring to the CRPD in response to arguments raised before the court or doing so of their own volition. Also considered are the relevance of amicus curiae interventions; reasons for referral related to the domestic legal system; and the role of particularly engaged individuals
Work-Life Balance and EU Law
No full textThis contribution was written within the framework of the LAW-Balance project, funded by the Research Council of Norway (grant 335194).ISBN van
The Oxford encyclopedia of EU law 978019187702
Work-Life Balance and EU Law
No full textThis contribution was written within the framework of the LAW-Balance project, funded by the Research Council of Norway (grant 335194).ISBN van
The Oxford encyclopedia of EU law 978019187702
Interpreting the Convention on the Rights of Persons with Disabilities in Domestic Courts
No full textThis chapter reflects on the ways in which courts in the thirteen jurisdictions included in this study have interpreted the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). Firstly, it explores the interpretations which CRPD provisions (from the Preamble to Article 30) have been given by different courts in cases analysed in this study. Secondly, it considers various issues concerning the interpretations of the CRPD adopted in the thirteen jurisdictions. This discussion begins by reflecting on the extent to which interpretations of the various provisions appear to converge before moving on to consider the nature of the interpretation techniques being used. It also considers the extent to which judges appear to be drawing on UN guidance and transnational judicial dialogue to inform their understandings of CRPD provisions
The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts
No full textThe UN Convention on the Rights of Persons with Disabilities (CRPD) has now been in force for nearly a decade. This comprehensive study examines how courts in thirteen different jurisdictions make use of the Convention. This groundbreaking text is the first sustained comparative international law analysis of the CRPD, and illuminates the intersection between human rights law, disability law and international law through an examination of the role of courts. The first part of the book contains chapters specific to each jurisdiction. The second part consists of comparative chapters which draw on the rich analysis of the jurisdiction-specific chapters. These chapters reflect on the emerging patterns of judicial usage and interpretation of the CRPD and on the wider implications for human rights theory and the nascent field of international comparative human rights law
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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