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Laws 2016, 5(1), 13; doi:10.3390/laws5010013

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

Graduate School of Business and Law, RMIT University, 124 La Trobe St, Melbourne, VIC 3000, Australia
Academic Editor: Anna Arstein-Kerslake
Received: 24 December 2015 / Revised: 3 February 2016 / Accepted: 15 February 2016 / Published: 8 March 2016
(This article belongs to the Special Issue Disability Human Rights Law)
View Full-Text   |   Download PDF [206 KB, uploaded 8 March 2016]

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. View Full-Text
Keywords: convention on the Rights of Persons with Disabilities; Article 12; Article 13; capacity; participation convention on the Rights of Persons with Disabilities; Article 12; Article 13; capacity; participation
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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Weller, P. Legal Capacity and Access to Justice: The Right to Participation in the CRPD. Laws 2016, 5, 13.

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