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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 type | Article | ||||
| Journal or Publication Title | Wroclaw Review of Law, Administration & Economics | ||||
| Publisher: | de Gruyter | ||||
|---|---|---|---|---|---|
| Volume: | 8 | ||||
| Number of Issue or Book Chapter: | 2 | ||||
| Page Range: | pp. 36-46 | ||||
| Date | 2018 | ||||
| Institutions | Law > Öffentliches Recht > Lehrstuhl für Öffentliches Recht und Völkerrecht (Prof. Dr. jur. Robert Uerpmann-Wittzack) | ||||
| Identification Number |
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| Keywords | Convention on the Rights of Persons with Disabilities, CRPD, human rights obligations, sources of law | ||||
| Dewey Decimal Classification | 300 Social sciences > 340 Law | ||||
| Status | Published | ||||
| Refereed | Unknown | ||||
| Created at the University of Regensburg | Yes | ||||
| URN of the UB Regensburg | urn:nbn:de:bvb:355-epub-381593 | ||||
| Item ID | 38159 |
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