The United Nations Convention on the Rights of Persons With Disabilities ― A Commentary

This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities.

Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration.

Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.

Valentina Della Fina is senior researcher in international law at the Institute for International Legal Studies of the National Research Council of Italy (ISGI-CNR). She holds a Ph.D. in law of international organizations from University of Teramo. She has a consolidated scientific background in the fields of international human rights law, disability rights, and law of international organizations. She is co-editor of the book La Convenzione delle Nazioni Unite sui diritti delle persone con disabilita. Commentario (Aracne, Roma, 2010) and managed the EU Project Promoting Equal Rights for People with Autism in the Field of Employment and Education.

Rachele Cera is researcher at the Institute for International Legal Studies of the National Research Council of Italy (ISGI-CNR), with a specialization in the field of international cooperation and legal protection of vulnerable people. She took part in all ISGI researches on the legal protection of persons with disabilities and co-managed the EU Project Promoting Equal Rights for People with Autism in the Field of Employment and Education. She is author of publications on disability rights, and co-editor of the book La Convenzione delle Nazioni Unite sui diritti delle persone con disabilita. Commentario (Aracne, Roma, 2010).

Giuseppe Palmisano is director of the Institute for International Legal Studies of the National Research Council of Italy (ISGI-CNR). He is full professor of international law and president of the European Committee of Social Rights (Council of Europe). His research activities focus mainly on international human rights, in particular social rights.