IGNACIO CAMPOY CERVERA
The aim of this article is to carry out an in-depth analysis of Article 7, “Children with disabilities”, of the Convention on the Rights of Persons with Disabilities. First of all it is explained how the Article 7 is the result of two different models of human rights: the “renewed” protectionism in relation with the children’s rights and the social model in relation with the rights of persons with disabilities. After, it is explained how was the development of the creation of Article 7 within the Ad Hoc Committee which was created for the elaboration of the Convention. In an extensive section it is analysed the wording of Article 7, particularly taking account of the General Comments of the Committee on the Rights of Persons with Disabilities and the Committee on the Rights of the Child. Finally, the analysis of the meaning and scope of Article 7 is completed, taking into account other articles of the Convention and the jurisprudence of the European Court of Human Rights.

4th degree connections


Multidisciplinary Assessment of Citizenship Approach in Modern Law and Problem of “Denaturalisation” on the Basis of Law and Communication
Tarih Kültür ve Sanat Araştırmaları Dergisi 2017 (https://doi.org/10.7596/taksad.v6i4.1094)
Through the provision of general definition for the concepts of “modernisation” with many dimensions and “law”1 as there is no main consensus on the doctrine, our study discussed the concept of “modern law” reached through the related impacts” and ad...

3rd degree connections


European Council’s member states’ jurisdiction regarding the execution of court decisions and it’s issues
Academicus : International Scientific Journal 2016 (https://doi.org/10.7336/academicus.2016.13.07)
European Court of Human Rights states that the execution of final decisions is a compulsory provision for a fair hearing and a successful conlusion of a trial. The right to a court protected by Article 6 would be illusory if a Contracting State’s dom...

3rd degree connections


The gendered effects of family migration law: contextual interpretation as a possible judicial remedy
Investigaciones Feministas 2016 (https://doi.org/10.5209/rev_INFE.2016.v7.n1.52376)

At all normative levels, family migration law can disproportionally and negatively affect immigrant women’s rights in this field, producing gendered effects. In some cases, such effects are related to the normative and judicial imposition of unvia...


3rd degree connections


The Right to Know the Truth in the Light of the Right to Privacy: The Case of Victims of the Communist Regime in Europe
Baltic Journal of European Studies 2017 (https://doi.org/10.1515/bjes-2017-0019)
The right to know the truth is established as one of the rights constituting the right to effective remedy but in post-Communist countries this right is limited to victims of the Communist regime because of failure to access the files of former secre...

3rd degree connections


Effective Legal Protection against the Excessive Length of Administrative Decision-Making: The Cases of Slovenia and Croatia
NISPAcee Journal of Public Administration and Policy 2016 (https://doi.org/10.1515/nispa-2016-0007)
In administrative matters, the parties usually have a right of access to the court and to a fair trial within a reasonable time limit, as defined by constitutions, only after the exhaustion of appeals. Judicial review is performed in a majority of st...

Law

1st degree connections


Legal Capacity and Access to Justice: The Right to Participation in the CRPD
Laws 2016 (https://doi.org/10.3390/laws5010013)
This article provides an applied analysis of Article 12 (Equal recognition before the law) of the Convention on the Rights of Persons with Disabilities (CRPD) and Article 13 (Access to justice) in the context of Article 6 (Women with disabilities). R...

3rd degree connections


Mutual recognition of judicial decisions as basis for obtaining and transfer of evidence in criminal proceedings
Zbornik Radova: Pravni Fakultet u Novom Sadu 2016 (https://doi.org/10.5937/zrpfns50-13061)
Modern forms of criminality whose hallmark is crossborder set new requirements before judicial authorities relating to the recruitment and transfer of evidence for the purposes of criminal proceedings. On the recruitment and transfer of evidence in c...

Member States’ liability for judicial error resulting in breaches of European Union Law
Journal of Legal Studies 2016 (https://doi.org/10.1515/jles-2016-0007)
This paper presents the remedies available to persons whose European law rights have been infringed by judgments given by national Courts. The paper firsts presents the concept of state liability for judicial errors in relation to European law, as it...

3rd degree connections


Article 5.3 of the WHO Framework Tobacco Convention and the European Ombudsman's inquiry into tobacco lobbying
Tobacco Prevention and Cessation 2016 (https://doi.org/10.18332/tpc/62446)
The Ombudsman investigates complaints about maladministration in the EU institutions, agencies and bodies. A complaint was brought by an NGO which claimed the Commission was not meeting its obligations under the WHO's Framework Convention on Tobacco ...

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