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CRPD and transformative equality

  • Tina Minkowitz (a1)

This reflection responds primarily to the papers on legal agency and state intervention, with brief comments on the two other papers. The concept of transformative equality, developed in jurisprudence under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), can promote a deeper understanding of the rights of persons with disabilities. 1 In particular, it is useful to address power relations between disabled and non-disabled persons not only with respect to family members and medical professionals, but also in the institutions of law and the state.

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Anna Arstein-Kerslake and Eilionóir Flynn (2017) ‘The Right to Legal Agency: Domination, Disability, and the Protections of Article 12 of the Convention on the Rights of Persons with Disabilities’, International Journal of Law in Context 13(1): 2238.

Liz Brosnan and Eilionóir Flynn (2017) ‘Freedom to Negotiate: A Proposal Extricating “Capacity” From “Consent”’, International Journal of Law in Context 13(1): 5876.

Clíona De Bhailís and Eilionóir Flynn (2017) ‘Recognising Legal Capacity: Commentary & Analysis of Article 12 CRPD’, International Journal of Law in Context 13(1): 621.

Eilionóir Flynn and Anna Arstein-Kerslake (2017) ‘State Intervention in the Lives of People with Disabilities: The Case for a Disability Neutral Framework’, International Journal of Law in Context 13(1): 3957.

Jürgen Habermas (1994) ‘Three Normative Models of Democracy’, Constellations 1: 1.

Rikki Holtmaat (2013) ‘The CEDAW: A Holistic Approach to Women's Equality and Freedom’ in Anne Hellumm and Henriette Sinding Aasen (eds) Women's Human Rights: CEDAW in International, Regional and National Law. Cambridge: Cambridge University Press, 95123.

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International Journal of Law in Context
  • ISSN: 1744-5523
  • EISSN: 1744-5531
  • URL: /core/journals/international-journal-of-law-in-context
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