Recognising Human Rights in Different Cultural Contexts: The United Nations Convention on the Rights of Persons with Disabilities (CRPD)

400 Pages·2020·3.934 MB·English

by  Emily Julia Kakoullis, Kelley Johnson

Recognising Human Rights in
Different Cultural Contexts
The United Nations Convention
on the Rights of Persons
with Disabilities (CRPD)
Edited by
Emily Julia Kakoullis
Kelley Johnson
Recognising Human Rights in Different
Cultural Contexts
“When the Convention on the Rights of Persons with Disabilities was accepted
by the United Nations General Assembly in 2006, the work of human rights was
only just beginning. This varied and fascinating book reveals some of the ways
in which national contexts and cultures adopted and implemented the
Convention into local use. We need urgently to understand the complexity of
implementing disability equality, and this collection is of inestimable help in
that task.”
—Professor Tom Shakespeare, London School of
Hygiene and Tropical Medicine
“An important addition to the field of disability rights, highlighting the role of
culture(s)—legal, social, and identity—on international law-making processes,
interpretation and implementation. With ‘snapshots’ of the journey of the
CRPD post-ratification across and within nations, Recognising Human Rights in
Different Cultural Contexts provides a first of its kind look into dynamics and
embedded values that affect the struggle for human rights of persons with
disabilities.”
—Assistant Professor Maya Sabatello, Columbia University
“Culture can be a powerful influence on the way in which international law is
adopted or resisted, and this book acts as a timely reminder of its importance.
Drawing on evidence from the United Nations Convention on the Rights of
Persons with Disabilities, the authors provide a sensitive, unique and insightful
portrayal of the intersection between legislative directive and its translation into
practice in different cultural contexts, within and between societies. It is a
thought-provoking and interesting book that addresses complexity and diversity
but in itself is well-structured and inclusive in its approach.”
—Professor Pauline Heslop, University of Bristol
Emily Julia Kakoullis • Kelley Johnson
Editors
Recognising Human
Rights in Different
Cultural Contexts
The United Nations Convention
on the Rights of Persons
with Disabilities (CRPD)
Editors
Emily Julia Kakoullis Kelley Johnson
School of Law and Politics Social Policy Research Centre
Cardiff University UNSW
Cardiff, UK Sydney, Australia
ISBN 978-981-15-0785-4 ISBN 978-981-15-0786-1 (eBook)
https://doi.org/10.1007/978-981-15-0786-1
© The Editor(s) (if applicable) and The Author(s) 2020
This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether
the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of
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mission or information storage and retrieval, electronic adaptation, computer software, or by similar or
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The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication
does not imply, even in the absence of a specific statement, that such names are exempt from the relevant
protective laws and regulations and therefore free for general use.
The publisher, the authors and the editors are safe to assume that the advice and information in this book
are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or
the editors give a warranty, expressed or implied, with respect to the material contained herein or for any
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claims in published maps and institutional affiliations.
This Palgrave Macmillan imprint is published by the registered company Springer Nature Singapore Pte Ltd.
The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721,
Singapore
We dedicate this book to persons who identify as persons with disabilities
and their allies who are engaged in working to achieve their human rights
at global, State and local levels.
Acknowledgements
We thank the contributors for their work, commitment, and patience
during the development of this book. We thank Joshua Pitt for his
patience and support in the journey towards the realisation of this book
and Marie Selwood for her assistance with copyediting. We also thank
our friends and families for their patience, love and support in this journey.
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Contents
1 Introduction 1
Emily Julia Kakoullis and Kelley Johnson
Part I Culture, Disability and the CRPD 17
2 Legal Culture and the CRPD 19
Gerard Quinn
3 Anthropology, Disability and the CRPD 45
James G. Rice
4 Recognising Cultural Diversity: Implications for Persons
with Disabilities 63
Kelley Johnson
5 A Personal Reflection on Indigeneity, Colonisation and
the CRPD 79
Huhana Hickey
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x Contents
Part II The Ratification Process: To Be or Not to Be? 95
6 The Failure of the United States to Ratify the CRPD 97
Arlene S. Kanter
7 The Long Road to Ratification: Ireland and the CRPD 133
Eilionóir Flynn
8 A Consultative Culture? The Ratification Process for the
CRPD in Cyprus 157
Emily Julia Kakoullis
9 A Janus-Faced Affair: Sri Lanka’s Ratification of the
CRPD 179
Dinesha Samararatne
Part III Making Disability Human Rights Happen? Cultural
Challenges to Implementing the CRPD 201
10 The ‘Transposition’ of Article 12 of the CRPD in China
and Its Potential Impact on Chinese Legal Capacity Law
and Culture 203
Huang Yi
11 Implementation of Article 19 of the CRPD in Hungary
and Its Impact on the Deinstitutionalisation Process So
Far 227
Magdi Birtha
12 Implementing Article 19 of the CRPD in Nordic Welfare
States: The Culture of Welfare and the CRPD 257
Ciara Brennan and Rannveig Traustadóttir
Contents xi
13 Article 30 of the CRPD as a Vehicle for Social
Transformation: Harnessing the CRPD’s Potential for
Persons with Intellectual Disabilities 269
Matthew S. Smith and Michael Ashley Stein
Part IV Monitoring the CRPD: Resolving Conflicting
Interests? 295
14 Was Ratification of the CRPD the High Watermark for
United Kingdom Disability Rights? Ten Years of
Monitoring Implementation of the CRPD 297
Neil Crowther and Liz Sayce OBE
15 The Role of Disabled People’s Organisations in Promoting
the CRPD in Indonesia 333
Dina Afrianty
16 The Process of State Party Reporting to the CRPD
Committee: The Indian Experience 353
Amita Dhanda
17 Conclusion 377
Kelley Johnson and Emily Julia Kakoullis
Index 387
Notes on Contributors
Dina Afrianty is a Research Fellow at La Trobe Law School, La Trobe
University, Melbourne; is affiliated with the State Islamic University
(UIN); and is the founder of Australia-Indonesia Disability Research and
Advocacy Network (AIDRAN). AIDRAN receives funding from the
Knowledge Sector Initiative partnership with Indonesia’s National
Development Planning Agency. Afrianty’s research focuses on the inter-
section of law, politics, gender, and religion in Muslim societies and the
human rights of persons with disabilities in Indonesia. Her publications
include the book Women and Sharia Law in Indonesia and articles on
gender, women’s movements for policy reform, and disability rights
movements in Indonesia.
Magdi Birtha is a Researcher at the European Centre for Social Welfare
Policy and Research, a Vienna-based intergovernmental organisation
affiliated to the United Nations. She is also a Research Affiliate at the
Centre for Disability Law and Policy (CDLP) at the National University
of Ireland (NUI). Prior to that Birtha was a Marie Skłodowska-Curie
PhD Research Fellow, part of the DREAM (Disability Rights Expanding
Accessible Markets) Project at the CDLP. She holds expertise in the areas
of CRPD monitoring, legal capacity, independent living, accessibility,
social inclusion, and political participation of persons with disabilities.
xiii