Legal Capacity and Access to Justice: The Right to Participation in the CRPD

Penelope Weller
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Penelope Weller: Graduate School of Business and Law, RMIT University, 124 La Trobe St, Melbourne, VIC 3000, Australia

Laws, 2016, vol. 5, issue 1, 1-13

Abstract: This article provides an applied analysis of Article 12 (Equal recognition before the law) of the Convention on the Rights of Persons with Disabilities (CRPD) and Article 13 (Access to justice) in the context of Article 6 (Women with disabilities). Recent literature on the CRPD has extended the analysis of Article 12 to consider its broader relevance for the interpretation of Article 13. The interaction between Article 12 and Article 13 is an emerging issue in CRPD debates. This article argues that the CRPD must be interpreted in light of current human rights theory. It provides a case study of the interaction between Article 12 and Article 13 based on the facts recited in the Court of Appeal case in the United Kingdom ( RP v Nottingham City Council (2008)) and RP’s petition to the European Court of Human Rights ( RP and Others v United Kingdom (2012)). The analysis shows that CRPD principles could and should have been applied in RP’s case. It concludes that current practices excluding people with disabilities from participation in legal proceedings are contrary to the CRPD.

Keywords: convention on the Rights of Persons with Disabilities; Article 12; Article 13; capacity; participation (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2016
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

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