Regina (RF) v. Secretary of State for Work and Pensions (Mind and Another Intervening)

2021 ◽  
Vol 192 ◽  
pp. 578-599

578Human rights — Rights of persons with disabilities — United Nations Convention on the Rights of Persons with Disabilities, 2006, Article 19 — Distinction between categories of disabled persons — Connection of benefit payments to functional need and level of impairment — European Convention on Human Rights, 1950, Article 14 — Relationship with Social Security (Personal Independence Payment) (Amendment) Regulations 2017 — Discrimination against classes of disabled people — Whether measure objectively justified — Whether measure manifestly without reasonable foundation — Whether domestic regulations breaching international treaties — Whether domestic regulations unlawfulRelationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Domestic regulations making distinction with respect to psychological distress — Less favourable treatment of those suffering from psychological distress — Whether domestic regulations in breach of international treaties — Whether domestic regulations unlawful — Whether duty to consult — The law of England

2021 ◽  
Vol 194 ◽  
pp. 531-680

531Human rights — Rights of women in Northern Ireland — Pregnant women and girls — Autonomy and bodily integrity — Right to respect for private and family life — Rights of persons with disabilities — Right not to be subjected to torture or inhuman or degrading treatment or punishment — Abortion law in Northern Ireland — Prohibition on abortion in cases of serious malformation of foetus, rape and incest — Balancing of rights — Whether moral and political issues relevant — Role of courts and Parliament — Whether abortion law incompatible with Articles 3 and 8 of European Convention on Human Rights, 1950 — Whether declaration of incompatibility should be madeHuman rights — Right to respect for private and family life — Qualified right — Abortion law in Northern Ireland — Prohibition on abortion in cases of serious malformation of foetus, rape and incest — Interference with right to respect for private and family life under Article 8 of European Convention on Human Rights, 1950 — Whether interference justified — Whether interference prescribed by law — Whether having legitimate aim — Whether necessary in democratic society — Whether proportionate — In case of fatal foetal abnormality — In case of rape — In case of incest — In case of serious foetal abnormality — Balancing of rights — European Court of Human Rights — Margin of appreciation accorded to United Kingdom represented by Northern Ireland Assembly — Whether legislative situation in Northern Ireland tenable — Role of legislature and courts — Whether Northern Ireland abortion law incompatible with Article 8 of European Convention on Human Rights, 1950 — Whether declaration of incompatibility should be madeHuman rights — Rights of persons with disabilities — Treaties — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Northern Ireland abortion law prohibiting abortion in cases of serious malformation of the foetus — Foetus having potential to develop into child with disability in cases of serious foetal abnormality — Value of life with and without disability — Whether life having equal worth — United Nations Committee on the Rights of Persons with Disabilities recommending States amend abortion laws so as to value equally the life of a person with disabilities — Whether Northern Ireland abortion law disproportionate in cases of serious foetal abnormality — Whether abortion law in Northern Ireland incompatible with Article 8 of European Convention on Human Rights, 1950 — Whether declaration of incompatibility should be made532Human rights — Right not to be subjected to torture or inhuman or degrading treatment or punishment — Article 3 of European Convention on Human Rights, 1950 — Rights of girls and women in Northern Ireland pregnant with foetuses with fatal abnormality or due to rape or incest — Article 3 absolute right — Effect on victim — Whether mothers continuing against their will with fatal foetal abnormality pregnancies or pregnancies due to rape or incest, or having to travel to England for an abortion, likely to suffer inhuman and degrading treatment — Whether any ill-treatment under Article 3 reaching minimum level of severity — Obligations owed by the State under Article 3 of European Convention — Vulnerability of women — Personal autonomy — Whether abortion law in Northern Ireland incompatible with Article 3 of European Convention — Whether declaration of incompatibility should be madeRelationship of international law and municipal law — Treaties — Implementation — Interpretation — Effect in domestic law — International treaties to which United Kingdom a party — European Convention on Human Rights, 1950 — Human Rights Act 1998 — United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Whether moral and political issues relevant — Balancing of rights — Northern Ireland abortion law interfering with right under Article 8 of European Convention on Human Rights, 1950 — Whether interference justified — Whether prescribed by law — Whether having legitimate aim — Whether necessary in democratic society — Whether proportionate — Relevance of moral and political views — Role of courts and Parliament in abortion debate — Whether pregnant women and girls subjected to inhuman or degrading treatment — Whether reaching minimum level of severity for breach of Article 3 of European Convention — Whether Northern Ireland abortion law incompatible with Articles 3 and 8 of European Convention on Human Rights, 1950 Convention — Whether declaration of incompatibility should be madeRelationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Effect in domestic law — Abortion law in Northern Ireland — Sections 58 and 59 of the Offences against the Person Act 1861 — Section 25(1) of the Criminal Justice Act (NI) 1945 — Right to respect for private and family life — Right not to be subjected to torture or inhuman or degrading treatment or punishment — Whether abortion law in 533Northern Ireland incompatible with Article 8 of European Convention — Balancing of rights — Whether abortion law justified — Whether moral and political values relevant — Margin of appreciation accorded to States by European Court of Human Rights — Whether abortion law in Northern Ireland incompatible with Articles 3 and 8 of European Convention — Whether declaration of incompatibility should be madeTreaties — Interpretation — Implementation — Application — Effect in domestic law — European Convention on Human Rights, 1950 — Interpreting European Convention in light of other international treaties to which United Kingdom a party — United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Relevance of unincorporated international treaties when applying European Convention via Human Rights Act 1998 — The law of the United Kingdom


Author(s):  
Bantekas Ilias ◽  
Chow Pok Yin Stephenson ◽  
Karapapa Stavroula ◽  
Polymenopoulou Eleni

This chapter examines Article 30 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article covers many, sometimes disparate, issues, although the underlying entitlements are accessibility and availability. One of the cornerstones of Article 30 is access to culture, one of the least studied human rights and its content remains contested. Culture is subject to several limitations, such as censorship, freedom of expression constraints, sensitivities towards religions, and hate speech. Do these limitations apply to the right of access to culture of disabled persons in the same way as they do to their non-disabled counterparts? Paragraph 3 is perhaps the most contentious of all. It suggests that existing intellectual property laws should be construed in such a way as to avoid imposing any unreasonable or discriminatory barriers against persons with disabilities to the enjoyment of their right of access to cultural materials.


2018 ◽  
Vol 7 (2) ◽  
pp. 199-224 ◽  
Author(s):  
Andrea Broderick

The traditional dichotomy of rights between civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, has been increasingly eroded in scholarly and judicial discourse. The interdependence of the two sets of rights is a fundamental tenet of international human rights law. Nowhere is this interdependence more evident than in the context of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or UN Convention). This article examines the indivisibility and interdependence of rights in the CRPD and, specifically, the positive obligations imposed on States Parties to the UN Convention, in particular the reasonable accommodation duty. The aim of the paper is to analyse, from a disability perspective, the approach adopted by the European Court of Human Rights (ECtHR or ‘Strasbourg Court’) in developing the social dimension of certain civil and political rights in the European Convention on Human Rights (ECHR), namely Articles 2 and 3 (on the right to life and the prohibition on torture, inhuman and degrading treatment, respectively), Article 8 (on the right to private and family life) and Article 14 ECHR (on non-discrimination). Ultimately, this paper examines the influence of the CRPD on the interpretation by the Strasbourg Court of the rights of persons with disabilities under the ECHR. It argues that, while the Court is building some bridges to the CRPD, the incremental and often fragmented approach adopted by the Court could be moulded into a more principled approach, guided by the CRPD.


2021 ◽  
Vol 194 ◽  
pp. 226-276

226Human rights — Prohibition of discrimination on grounds of sex — Right to private and family life — Domestic proceedings establishing liability for medical malpractice — Whether compensation awarded adequate — Applicability of Article 14 of European Convention on Human Rights, 1950 taken in conjunction with Article 8 — Gender equality — Stereotypes — Age discrimination — Physical disability — Private sexual life — Whether Portugal violating Article 14 read together with Article 8 of European Convention on Human Rights, 1950Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — United Nations Convention on Elimination of All Forms of Discrimination against Women, 1970 (“CEDAW”) — CEDAW Committee observations — Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, 2011 — United Nations Human Rights Council report — Judgment of Portuguese court — Liability for medical malpractice and adequate compensation — Reasoning of court — Gender-based stereotyping — Whether Portugal violating Article 14 read together with Article 8 of European Convention on Human Rights, 1950Damages — Compensation — Non-pecuniary damage — Pecuniary damages — Medical malpractice — Applicant suffering physical injury following operation — Judgment of Portuguese court — Compensation awarded reduced — Reasoning of court — Gender stereotyping — Whether discriminatory — Appropriate compensation


2021 ◽  
Vol 194 ◽  
pp. 463-486

463Human rights — Women’s rights — Elimination of discrimination against women — Sexual orientation — Exhaustion of domestic remedies — Due diligence obligations — Obligation to investigate — Requirement of prompt and impartial investigation — Protection of lesbian women from violence — Gender stereotypes — Committee case law and general recommendations — Remedies — Whether Russian Federation violating Articles 1, 2 and 5 of United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979International tribunals — Jurisdiction and admissibility — United Nations Committee on the Elimination of Discrimination against Women — Local remedies rule — Application in light of time bar under national law


2018 ◽  
pp. 119-138
Author(s):  
Jaime Prieto ◽  
Juan L. Paramio-Salcines

Little attention has been focused on the analysis of the interrelation between disability and elite disability sport from the human rights perspective as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) demands of those countries that ratified this global regulation. More than a decade since its promulgation in December 2006, the United Nations itself and a plethora of authors recognises that disability in general and disability sport by extension has not yet been seen as a human rights issue in many countries, principally in developing countries. This paper is divided into four main parts. First, academic literature in relation to disability, human rights policy and sport at elite level is explored. Second, it examines the active role of the International Paralympic Committee, regarded as a major advocate for the rights of the sport promotion of athletes with disabilities, to implement the Convention by the organisation of sports events for Paralympic athletes worldwide at all levels of the sport development continuum. Third, it explains the methods and data collection followed in the study and the following section presents results of the analysis. Finally, it draws an international scenario that might be valuable in informing academics, institutions and professionals to promote elite disability sport from the human rights perspective.


Author(s):  
Kanter Arlene

This chapter examines Article 35 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out the requirements for reporting by states parties to the CRPD Committee. It begins with an overview of the background and travaux préparatoires of Article 35. Although the reporting requirements were discussed at several sessions of the Ad Hoc Committee, it was not until the sixth session, in August of 2005, when the Committee considered the substantive proposals related to Article 35. The following sections of the chapter discuss each paragraph of Article 35, including what constitutes a ‘comprehensive’ country report, as required under Article 35(4). The final section compares the language of Article 35 with the reporting requirements of other human rights treaties, followed by a conclusion.


Author(s):  
Lord Janet E ◽  
Stein Michael Ashley

This chapter examines Article 32 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the issue of international cooperation. The provision on international cooperation in the CRPD sprang from framework conventions in the international criminal and environmental law spheres, where such provisions are ubiquitous, rather than from prior human rights treaty practice. Article 32 was thus a highly contentious text to negotiate due to the far more limited meaning ascribed to the term ‘international cooperation’ in other international human rights instruments. Article 32 sits holistically within the CRPD framework, and is thus informed by its principles and general obligations, and should be read in conjunction with the specific, substantive rights of the remainder of the treaty. Rights and duties in the CRPD hang together; discerning the meaning of disability inclusive development cannot be achieved by examining any one provision in isolation.


Author(s):  
Kovudhikulrungsri Lalin ◽  
Hendriks Aart

This chapter examines Article 20 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Personal mobility is a prerequisite for inclusion in a society. According to the European Court of Human Rights, to be mobile and to have access to transport, housing, cultural activities, and leisure is a precondition for the ‘right to establish and develop relations with other human beings’, ‘in professional or business contexts as in others’. The CRPD does not establish new rights for persons with disabilities. It is merely thought to identify specific actions that states and others must take to ensure the effectiveness and inclusiveness of all human rights and to protect against discrimination on the basis of disability. However, the fact that there is no equivalent of the right to personal mobility in any other human rights treaty makes it particularly interesting to examine the genesis and meaning of this provision.


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