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Uerpmann-Wittzack, Robert

The Law-Making Function of the UN Committee on the Rights of Persons with Disabilities

Uerpmann-Wittzack, Robert (2018) The Law-Making Function of the UN Committee on the Rights of Persons with Disabilities. Wroclaw Review of Law, Administration & Economics 8 (2), pp. 36-46.

Date of publication of this fulltext: 08 Jan 2019 08:51
Article
DOI to cite this document: 10.5283/epub.38159


Abstract

Evolution through subsequent practice is particularly marked in international human rights law, where international human rights bodies produce abundant practice. Here, the question arises as to whether the practice of these bodies alone suffices to determine the content of international human rights obligations or whether organ practice must be backed up by state practice or forms of implicit ...

Evolution through subsequent practice is particularly marked in international human rights law, where international human rights bodies produce abundant practice. Here, the question arises as to whether the practice of these bodies alone suffices to determine the content of international human rights obligations or whether organ practice must be backed up by state practice or forms of implicit state consent. This question shall be analysed with regard to the UN Convention on the Rights of Persons with Disabilities (CRPD) of 13 December 2006 and the Committee on the Rights of Persons with Disabilities established under 34 CRPD. Although the Convention is only ten years old, its Committee has already produced quite an important corpus of practice, and it has shown its willingness to construe the Convention in a rigorous way which makes important parts of current domestic state practice with regard to persons with disabilities illegal.



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Details

Item typeArticle
Journal or Publication TitleWroclaw Review of Law, Administration & Economics
Publisher:de Gruyter
Volume:8
Number of Issue or Book Chapter:2
Page Range:pp. 36-46
Date2018
InstitutionsLaw > Öffentliches Recht > Lehrstuhl für Öffentliches Recht und Völkerrecht (Prof. Dr. jur. Robert Uerpmann-Wittzack)
Identification Number
ValueType
10.1515/wrlae-2018-0032DOI
KeywordsConvention on the Rights of Persons with Disabilities, CRPD, human rights obligations, sources of law
Dewey Decimal Classification300 Social sciences > 340 Law
StatusPublished
RefereedUnknown
Created at the University of RegensburgYes
URN of the UB Regensburgurn:nbn:de:bvb:355-epub-381593
Item ID38159

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