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Laws 2016, 5(4), 38; doi:10.3390/laws5040038

Harmonisation and Cross-Fertilisation of Socio-Economic Rights in the Human Rights Treaty Bodies: Disability and the Reasonableness Review Case Study

Department of International and European Law, Maastricht University, Maastricht 6211, The Netherlands
Academic Editor: Anna Arstein-Kerslake
Received: 19 May 2016 / Revised: 20 July 2016 / Accepted: 14 September 2016 / Published: 25 September 2016
(This article belongs to the Special Issue Disability Human Rights Law)
View Full-Text   |   Download PDF [230 KB, uploaded 27 September 2016]

Abstract

In light of the recent adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) and the Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD), there is a necessity for harmonisation among the treaty bodies, particularly in the area of socio-economic rights. The equality norm in the CRPD, including the duty to reasonably accommodate, is an important facilitator of socio-economic rights. This article sets forth the opportunities for cross-fertilisation of socio-economic rights, and disability rights in particular, at the level of international human rights law and beyond, as well as the potential that exists for social change at the domestic level. The CRPD Committee and the United Nations Committee on Economic, Social and Cultural Rights (UNCESCR) will undertake the task of assessing measures adopted by States related to alleged violations under the optional protocols and will determine compliance with treaty obligations under the State reporting procedure. In that regard, a framework of “reasonableness review” is proposed, which could provide the opportunity to merge individual rights’ violations with broader issues of socio-economic inequalities and could also lead to coherent implementation of the normative content of socio-economic rights at the domestic level. View Full-Text
Keywords: disability; equality; reasonable accommodation; progressive realisation; socio-economic rights; reasonableness review disability; equality; reasonable accommodation; progressive realisation; socio-economic rights; reasonableness review
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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MDPI and ACS Style

Broderick, A. Harmonisation and Cross-Fertilisation of Socio-Economic Rights in the Human Rights Treaty Bodies: Disability and the Reasonableness Review Case Study. Laws 2016, 5, 38.

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