The 2006 United Nations Convention on the Rights of Persons with Disabilities has provided a significant catalyst and a legal mandate for disability rights monitoring, and discussions on disability rights are breaking new ground across disciplines. Disability, Rights Monitoring, and Social Change is an important and timely collection that explores and challenges the ways in which disability rights are monitored.
The contributors to this edited volume range from grassroots activists to international scholars and United Nations advisors. The chapters address the current theoretical, methodological, and practical issues surrounding disability rights monitoring and offer a detailed look at law and policy reforms, best practices, and holistic methods. This unique compilation crosses the divide between the global South and North and explores the complex issues of intersectionality that arise for women with disabilities, Indigenous peoples with disabilities, and people with diverse disabilities.
Its participatory methodology—calling for the inclusion of people with disabilities in processes that involve them—and its local and international perspective make this book a critical contribution to the fields of rights monitoring and disability studies. Appropriate for courses on disability, human rights, social justice, policy, and advocacy, this volume serves as a guide and learning tool for anyone interested in disability rights monitoring and, more generally, the effective practice of monitoring human rights.
Acknowledgements
Introduction: A North–South Dialogue on Participatory Monitoring, Marcia H. Rioux
Background: Monitoring–A Key Element in Realizing Human Rights for All, Bengt Lindqvist
SECTION 1: MODELS OF MONITORING: INTERNATIONAL PERSPECTIVES
Chapter 1: Concurrent Multinational Monitoring of Disability Rights in the European Union: Potential, Principle, and Pragmatism, Anna Lawson and Mark Priestley
Chapter 2: The Preparation of a Parallel Report on the CRPD: The Philippine Experience, Lauro L. Purcil, Jr.
Chapter 3: Reflections on the First Working Period of the United Nations Committee on the Rights of Persons with Disabilities (2009–2012), María Soledad Cisternas Reyes
Chapter 4: Monitoring Gender Equality and Violence in Conditions of Structural Inequality and Violence, Annie Bunting
SECTION 2: NEW FRONTIERS ON MONITORING
Chapter 5: Bringing Pieces Together: A Way of Integrating Disability Rights Monitoring Data: Case Studies from Two Canadian Provinces, Ontario and Quebec, Mihaela Dinca-Panaitescu
Chapter 6: Human Rights Legal Clinics in Latin America: Tackling the Implementation of Disability Rights, Natalia Angel-Cabo
Chapter 7: Media Monitoring from a Disability Rights Perspective: A Critical Piece in the Rights Monitoring Project, Gillian Parekh, Jessica Vorstermans, and Paula Hearn
Chapter 8: Monitoring Individual Experiences: An Innovative Strategy to Initiate Social Change in the Exercise of Human Rights by Persons with Disabilities?, Normand Boucher and David Fiset
SECTION 3: MONITORING LAWS, POLICIES, AND PROGRAMS
Chapter 9: Disability-based Discrimination in India, Kalpana Kannabiran
Chapter 10: Effective and Equal Enjoyment of all Human Rights and Fundamental Freedoms by Persons with Disabilities in New Zealand, Petra Butler
Chapter 11: Canada Tracks Disability Rights: Using a DRPI Model of Systemic Monitoring to Highlight Law and Policy Impacting Disability, Roxanne Mykitiuk and Yvonne Peters
Chapter 12: Federalism, Decentralization, and Human Rights: Level of Implementation of the CRPD in Developing Countries: Lessons from Latin America, José M. Viera
SECTION 4: DIVERSE VOICES
Chapter 13: Disability Rights, Development, and the Roles of the Disability Movement from the International to the Grassroots, Samuel Kabue
Chapter 14: Hopes and Dilemmas of Africans with Disabilities: The Monitoring of Regional Disability Rights in Africa, Futsum Abbay
Chapter 15: Marginalizing the Subaltern Within: How to Effectively Engage with and Monitor Diverse Cultural Identities with Disabilities when Individual Identity Dominates the Collective Identity Framework, Huhana Hickey
Chapter 16: Securing the Full Participation of Persons with Disabilities and Their Representative Organizations in Disability Rights Monitoring, Rita M. Samson
Chapter 17: User/Survivor Monitoring Within the DPO Movement, Moosa Salie
Chapter 18: Monitoring Social Services for Persons with Disabilities in the Socioeconomic Context of Eastern Europe as a Tool for Enhancing Social Inclusion, Radoš Keravica
Conclusion: Debating Disability Rights Monitoring: Strengths, Weaknesses, and the Challenges Ahead, Paula C. Pinto
Contributors
Biography
Marcia Rioux is a Senior Scholar and Distinguished Research Professor Emerita in the School of Health Policy and Management at York University. She is the Co-Director of Disability Rights Promotion International, and was made a member of the Order of Canada in 2014 for her work on international human rights, health, and monitoring.
Paula C. Pinto is an Assistant Professor at the School of Social and Political Sciences at the University of Lisbon, where she also coordinates the Observatory on Disability and Human Rights.
Gillian Parekh is a Social Sciences and Humanities Research Council Post-Doctoral Fellow at the Ontario Institute for Studies in Education at the University of Toronto.
“This edited collection, with contributions from academics and from persons with disabilities, offers unique insights into the monitoring of disability rights. In my view, there are two strengths of this fine volume. First, its chapters cover a broad range of complex issues relating to the monitoring process. Second, it brings to the forefront the critical role played by persons with disabilities and their organizations. This book will make a timely and important contribution to the area of disability and human rights.”— Ron McCallum AO, Sydney Law School, University of Sydney / Former member and immediate past chairperson, UN Committee on the Rights of Persons with Disabilities
“The great victories realized as nation after nation ratifies the Convention on the Rights of Persons with Disabilities give way to a new chapter in the long march toward emancipation and equality. Against the inert gravity of exclusion, deprivation, and systemic injustice, disability movements now pursue the deep social change promised in rights rhetoric, but not yet felt in people’s lives. Building Power out of Evidence illuminates our way forward on this march, presenting a compelling argument for innovative, strategic, and fully participatory engagement in monitoring rights compliance and sustaining conditions of dignity, inclusion, and respect for all persons.— Catherine Frazee, School of Disability Studies, Ryerson University
“This book reveals not only how little work there is on disability rights monitoring, but also how the capacity to meaningfully act on and monitor these rights is uneven and challenging across the world. It advances innovative and interesting experiences of monitoring disability rights that are told from the perspectives of different stakeholders from around the globe. It invites us to revisit our understanding of monitoring and greatly contributes to enhancing social change. Ultimately, it is a rich and informative book that seeks to unlock the potential of the Convention on the Rights of Persons with Disabilities.”— Charlotte V. McClain-Nhlapo, Global Disability Advisor, World Bank Group
“Disability, Rights Monitoring, and Social Change provides a comprehensive analysis of human rights monitoring. Moving beyond the formal monitoring mechanisms of the CRPD, the book considers multinational monitoring, as well as monitoring at local, regional, and national levels. While the focus of the book is on disability rights, the authors recognize that people with disabilities have multiple identities and that any monitoring mechanism must take account of the full range of intersectional issues that reflect their lived experience. This innovative and groundbreaking book has application to all human rights monitoring and provides specific examples from across the globe.”— Lee Ann Basser, La Trobe Law School, La Trobe University / Critical Disability Studies, York University
“This book is both a roadmap and a call to action for disability rights advocates across the world as we seek to realize the promise of the UN Convention on the Rights of Persons with Disabilities. Impressive in both its scope and relevance, this volume brings together leading scholars and activists from across the globe to address the rationales, methodologies, and practice of human rights monitoring. The volume eschews a neat academic approach in favour of a much richer offering grounded in community and the experience of people with disabilities in all their diversity. This is a ‘must have’ handbook.”— Tim Stainton, School of Social Work and the Centre for Inclusion and Citizenship, University of British Columbia
“The realization of human rights through the efforts of others may feel like an imposition, one that fails the objective of empowering those whose rights are being monitored. The participatory monitoring advocated in this book makes people with disabilities crucial to the realization of their own rights. Thus, the ethic of consultation, participation, and inclusion that drove the disability rights movement and the adoption of the UN Convention on the Rights of Persons with Disabilities is employed to turn the promises of international agreements into reality. The workability of the ethic is first theoretically expounded and then established with cross-country case studies that employ participatory monitoring.”— Amita Dhanda, Center for Disability Studies, National Academy of Legal Studies and Research (NALSAR)
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