United Nations Convention on Disability TRAVAUX PRE'PARATOIRES

by Prasannan, Anu

ISBN: 9789390371785
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Imprint : Scholars World
Year : 2021
Price : Rs. 4995.00
Biblio : xii+130p., tabls., 25 cm

Author Profile

Dr. Anu Prasannan is presently working as Assistant Professor of Law in Karnataka State Law University, Hubballi. She is First Rank holder in LL.M with specialisation in Administrative Law and was also awarded Cullen Law Prize for the highest percentage of marks in Administrative Law. She holds M.Phil and PhD degrees from Jawaharlal Nehru University, New Delhi and was awarded PhD on the topic “Implementation of the United Nations Convention on Disability: A Case Study of India” in 2012. Prior to joining Karnataka State Law University, she served as a Central Government employee under the aegis of the Ministry of Corporate Affairs. She has presented papers at National and International Seminars and was also awarded Best paper awards in the International Seminars and Conferences. She has also several publications to her credit.

About The Book

This book gives an insight into the making of the United Nations Convention on Disability, the first binding international instrument of its kind on disability. In a lucid and simple style, the book provides an in depth understanding of the position of States giving emphasis on the role of India in the making of the convention and also the background of its evolution. A comprehensive coverage of four major issues on: Definition Education Work and Employment Health and Rehabilitation has also been included. Special attention has been given to assimilate the international scenario on disability with the recent national legislations in the area. The book will prove to be a useful guide for law students, civil society, the academic community at large and indeed to all those who have a humanitarian approach in upholding the interest of differently-abled community.

Table of Contents

Contents Acknowledgment v Preface vii 1. Introduction 1 1.1 Problems in International & Regional Human Rights Jurisprudence 1.2 Evolution of the Convention on the Rights of Persons with Disabilities 1.2.1 Regional developments 1.2.2 Adoption of the Convention on the Rights of Persons with Disabilities. 1.3 Overview of the Convention 2. Definition of Disability: A Comparative Analysis 15 2.1 Disability and Related Problems 2.1.1 Terminological Divergences 2.1.2 Lack of well-conceived definition Individual Paradigm (a) Medical Approach (b) Psychological Approach (c) Economic-Vocational Approach (d) Systems Analysis Approach (e) Minority Group Approach (f) Human Rights Approach Socio-Political Paradigm 2.1.3 Magnitude of the Problem 2.2 Definition of Disability 2.2.1 Definition under selected national legislation Canada China Ethiopia Israel South Korea Spain Sweden United Kingdom United States 2.2.2 Indian Legislation Mental Health Care Act, 2017 Rehabilitation Council of India Act, 1992 The Rights of Persons with Disabilities Act, 2016. National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 2.3 Convention and its Negotiation 2.3.1 Position of India 2.3.2 National Human Rights Institutions 2.3.3 Government of India 2.4 Summing Up 3. Inclusive Education: A Shift From Special To General Stream 33 3.1 International Standards 3.2 Meaning of Inclusive Education 3.2.1 Evolution of the concept of Inclusive Education 3.2.2 Current Situation: Conventions, Declarations and Standard Rules 3.2.3 Specialized Interventions in Separate Settings 3.3 Proposals of States 3.3.1 National Human Rights Institutions 3.3.2 Government of India 3.4 Domestic Standards 3.4.1 Problems in India 3.5 Summing Up 4. Right To Work And Employment: A Legal Analysis 47 4.1 International Standards 4.1.1 ILO Conventions and Recommendations 4.1.2 Compulsory Employment Measures adopted by Western States Austria Belgium Bulgaria France Spain United Kingdom 4.2 Position of States in the drafting of the Article on Work and Employment. 4.2.1 National Human Rights Institutions 4.2.2 Government of India 4.3 Domestic Standards 4.3.1 Role of Judiciary 4.3.2 Problems in India 4.4 Summing Up 5. Right To Health And Rehabilitation: Analysis Of Legal Issues 65 5.1 Definition of Health 5.2 International Standards 5.2.1 Role of WHO 5.2.2 Constitutional Provisions on Right to Health Brazil China North Korea South Africa Spain 5.2.3 Health Services Prevention Rehabilitation Provision of technical aids 5.3 Position of States 5.3.1 National Human Rights Institutions 5.3.2 Government of India 5.4 Domestic Standards 5.5 Summing Up 6. Conclusion 83 Appendix 89 References 121