Integrating disability and elder rights into the ECHR

Rewriting McDonald v the United Kingdom (ECtHR)

Marijke De Pauw, Paul de Hert

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

Abstract

McDonald is to be considered a missed opportunity to integrate two areas of human rights law in the judgment: disability human rights law and elderly human rights law. During the last decade, the area of disability rights has seen important developments at both the regional and international level. The adoption of several soft law instruments and particularly the high number of ratifications of the UN Convention on the Rights of Persons with Disabilities (CRPD) reflect an evolving perception of the status of this group within society. The CRPD is considered ground breaking in the sense that it creates clear positive obligations for member states regarding the enjoyment of socio-economic rights, such as the provision of care services. The recognition and enforcement of such rights, however, remains a delicate and complicated issue before the Strasbourg Court.
Original languageEnglish
Title of host publicationIntegrated human rights in practice
Subtitle of host publicationRewriting human rights decisions
EditorsEva Brems, Ellen Desmet
PublisherEdward Elgar Publishing Limited
Pages317-350
Number of pages24
ISBN (Electronic)978 1 78643 380 0
ISBN (Print)978 1 78643 379 4
DOIs
Publication statusPublished - 2017

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ECHR
disability
human rights
Law
UN Convention
ratification
human being
obligation
economics
Group

Keywords

  • human rights law

Cite this

De Pauw, M., & de Hert, P. (2017). Integrating disability and elder rights into the ECHR: Rewriting McDonald v the United Kingdom (ECtHR). In E. Brems, & E. Desmet (Eds.), Integrated human rights in practice : Rewriting human rights decisions (pp. 317-350). Edward Elgar Publishing Limited. https://doi.org/DOI 10.4337/9781786433800
De Pauw, Marijke ; de Hert, Paul. / Integrating disability and elder rights into the ECHR : Rewriting McDonald v the United Kingdom (ECtHR). Integrated human rights in practice : Rewriting human rights decisions. editor / Eva Brems ; Ellen Desmet. Edward Elgar Publishing Limited, 2017. pp. 317-350
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De Pauw, M & de Hert, P 2017, Integrating disability and elder rights into the ECHR: Rewriting McDonald v the United Kingdom (ECtHR). in E Brems & E Desmet (eds), Integrated human rights in practice : Rewriting human rights decisions. Edward Elgar Publishing Limited, pp. 317-350. https://doi.org/DOI 10.4337/9781786433800

Integrating disability and elder rights into the ECHR : Rewriting McDonald v the United Kingdom (ECtHR). / De Pauw, Marijke ; de Hert, Paul.

Integrated human rights in practice : Rewriting human rights decisions. ed. / Eva Brems; Ellen Desmet. Edward Elgar Publishing Limited, 2017. p. 317-350.

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

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N2 - McDonald is to be considered a missed opportunity to integrate two areas of human rights law in the judgment: disability human rights law and elderly human rights law. During the last decade, the area of disability rights has seen important developments at both the regional and international level. The adoption of several soft law instruments and particularly the high number of ratifications of the UN Convention on the Rights of Persons with Disabilities (CRPD) reflect an evolving perception of the status of this group within society. The CRPD is considered ground breaking in the sense that it creates clear positive obligations for member states regarding the enjoyment of socio-economic rights, such as the provision of care services. The recognition and enforcement of such rights, however, remains a delicate and complicated issue before the Strasbourg Court.

AB - McDonald is to be considered a missed opportunity to integrate two areas of human rights law in the judgment: disability human rights law and elderly human rights law. During the last decade, the area of disability rights has seen important developments at both the regional and international level. The adoption of several soft law instruments and particularly the high number of ratifications of the UN Convention on the Rights of Persons with Disabilities (CRPD) reflect an evolving perception of the status of this group within society. The CRPD is considered ground breaking in the sense that it creates clear positive obligations for member states regarding the enjoyment of socio-economic rights, such as the provision of care services. The recognition and enforcement of such rights, however, remains a delicate and complicated issue before the Strasbourg Court.

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De Pauw M, de Hert P. Integrating disability and elder rights into the ECHR: Rewriting McDonald v the United Kingdom (ECtHR). In Brems E, Desmet E, editors, Integrated human rights in practice : Rewriting human rights decisions. Edward Elgar Publishing Limited. 2017. p. 317-350 https://doi.org/DOI 10.4337/9781786433800