Abstract
The Convention on the Rights of Persons with Disabilities (CRPD) is a fundamental instrument for interpreting international human rights within a disability context, and an important tool for advancing disability rights agendas. Among states that have ratified the CRPD, it has had varying degrees of impact and influence in advancing and shaping legislative, regulatory and policy frameworks. This chapter explores foundational elements found within the CRPD, which, the authors argue, must guide and shape the review and development of legislation, regulations and policies by States Parties. The Chapter relies on illustrative examples from the Canadian context.
Similar content being viewed by others
References
Accessible Canada Act. (2019). SC, c 10, s 5.
ARCH Disability Law Centre. (2021). Meaningful participation of persons with disabilities in regulation making. Retrieved October 25, 2022 from https://archdisabilitylaw.ca/meaningful-participation-of-persons-with-disabilities-in-regulation-making/
Brown, I., & Radford, J. P. (2015). The growth and decline of institutions for people with developmental disabilities in Ontario: 1876–2009. Journal on Developmental Disabilities, 21(2), 7–27.
Convention on the Rights of Persons with Disabilities. (2006). 2515 UNTS 3 (entered into force 3 May 2008, Convention ratified by Canada on 11 March 2010, Optional Protocol ratified by Canada on 3 December 2018) (articles 1, 3, 4, 19, 24). https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.html
Convention on the Rights of the Child. (1989). 1577 UNTS 3 (entered into force 2 September 1990).
Developmental Services Act. (1990). RSO, c D11.
Disability Rights Coalition v Nova Scotia (Attorney General). (2021). NSCA 70. https://www.canlii.org/en/ns/nsca/doc/2021/2021nsca70/2021nsca70.html?resultIndex=1
Dolmage v Ontario. (2010). Amended statement of claim (pp. 9–12). Retrieved October 3, 2022 from https://kmlaw.ca/wp-content/uploads/2015/07/080659_AMMSOC_8Dec10.pdf
Durham, H., & Quinn, G. (2022). Lifting the cloak of invisibility: Civilians with disabilities in armed conflict. Humanitarian Law & Policy. https://blogs.icrc.org/law-and-policy/2022/04/21/civilians-disabilities-armed-conflict/
Eaton v Brant County Board of Education. (1997). 1 SCR 241.
Education Act. (1990). R.S.O, c. E.2.
Education Amendment Act. (1980). S.O., c. 61 (amending S.O. 1974, c. 109). Now R.S.O. 1980, c. 129 (Bill 82).
Human Rights Code. (1990) R.S.O, c. H.19.
Identification and Placement of Exceptional Pupils.. O. Reg. 181/98.
Inclusion Canada, Community Living Ontario, People First of Canada, Inclusion Nova Scotia, Inclusion Winnipeg, People First of Ontario, People First of Manitoba, People First of Nova Scotia & Partners for Planning. (2021). Truths of institutionalization: Past and present. Module 1. Retrieved October 3, 2022 from https://truthsofinstitutionalization.ca
International Covenant on Economic, Social and Cultural Rights. (1966). 993 UNTS 3, Can TS 1976 No 46 (entered into force 3 January 1976, accession by Canada 19 August 1976) (ICESCR).
Legislative Assembly of Ontario. (2008). Official reports of debates (Hansard) No. 47 (First Session, 39th Parliament) (pp. 2042–2043) (Hon. Madeleine Meilleur). Retrieved October 25, 2022 from https://www.ola.org/sites/default/files/node-files/hansard/document/pdf/2008/2008-05/house-document-hansard-transcript-1-EN-26-MAY-2008_L047.pdf
Leroux v Ontario. (2022). Factum of the appellant (Court of Appeal for Ontario) (pp. 3–4). Retrieved October 25, 2022 from https://kmlaw.ca/wp-content/uploads/2022/09/Factum_of_the_Appellant_Court_of_Appeal_for_Ontario_18Feb22.pdf
Linton, M., & David, K. (2022). Institutionalization of people labelled with intellectual or developmental disabilities in long-term care. Invisible Institutions & Inclusion Canada/People First of Canada Joint Task Force on Deinstitutionalization. Retrieved October 3, 2022 from http://invisibleinstitutions.com/wp-content/uploads/2022/08/Policy-Brief-1-LongTermCare_200818.pdf
Löve, L., Traustadóttir, R., Quinn, G., & Rice, J. (2017a). The inclusion of the lived experience of disability in policymaking. Laws, 6(4), 33.
Löve, L., Traustadóttir, R., & Rice, J. G. (2017b). Achieving disability equality: Empowering disabled people to take the lead. Social Inclusion, 6(1), 1–8.
Manitoba. About the Manitoba Developmental Centre. Retrieved October 3, 2022 from https://www.gov.mb.ca/fs/mdc/index.html.
Ontario. (2022). Report abuse and neglect of an adult with a developmental disability. Retrieved October 25, 2022 from: https://www.ontario.ca/page/report-abuse-and-neglect-adult-developmental-disability
Ontario Ombudsman. (2016). Nowhere to turn. Retrieved October 25, 2022 from https://www.ombudsman.on.ca/Media/ombudsman/ombudsman/resources/Reports-on-Investigations/NTT-Final-EN-w-cover.pdf
People First of Canada. (2008). The freedom tour. Retrieved October 25, 2022 from https://www.peoplefirstofcanada.ca/the-freedom-tour/
Quality Assurance Measures,. O Reg 299/10.
Quinn, G., & Degener, T. (2002a). The moral authority for change: Human rights values and the world-wide process of disability reform. In A. In Bruce, G. Quinn, T. Degener, C. Burke, S. Quinlivan, J. Castellino, P. Kenna, & U. Kilkelly (Eds.), Human rights and disability: The current use and future potential of United Nations human rights instruments in the context of disability (pp. 23–28). United Nations Press. Retrieved 17 October 2022 from https://lucris.lub.lu.se/ws/portalfiles/portal/11124103/HRDisabilityen.pdf
Quinn, G., & Degener, T. (2002b). Expanding the system: The debate about a disability-specific convention. In A. Bruce, G. Quinn, T. Degener, C. Burke, S. Quinlivan, J. Castellino, P. Kenna, & U. Kilkelly (Eds.), Human rights and disability: The current use and future potential of United Nations human rights instruments in the context of disability (pp. 293–297). United Nations Press. Retrieved 17 October 2022 from https://lucris.lub.lu.se/ws/portalfiles/portal/11124103/HRDisabilityen.pdf
Reid, L. (2017). Invented power: An analysis of the exclusion clause in Ontario’s education Act. In C. Spindler (Ed.), CAPSLE 2016: Bright lights on emerging issues in education law, proceedings of the twenty-seventh annual conference of the Canadian Association for the Practical Study of Law in Education, held in Toronto, Ontario May 1–3, 2016. CAPSLE.
Reid, L., Bennett, S., Specht, J. et al. (2018). If inclusion means everyone, why not me? Online: https://archdisabilitylaw.ca/resource/paper-if-inclusion-means-everyone-why-not-me/
Reid, L., Parekh, G., Lattanzio, R. (2020). A relic of the past: Identification, placement and review committees in Ontario’s Education System, CJEAP No. 194 https://journalhosting.ucalgary.ca/index.php/cjeap/issue/view/5223).
Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act. (2008). SO, c14.
Spagnuolo, N., & Earle, K. (2017). Freeing our people: Updates from the long road to deinstitutionalization. Canadian Centre for Policy Alternatives. https://policyalternatives.ca/publications/monitor/freeing-our-people-updates-long-road-deinstitutionalization
Treasury Board of Canada Secretariat. (2018). Cabinet directive on regulation. Retrieved October 5, 2022 from https://www.canada.ca/en/government/system/laws/developing-improving-federal-regulations/requirements-developing-managing-reviewing-regulations/guidelines-tools/cabinet-directive-regulation.html
United Nations Committee on the Rights of Persons with Disabilities. (2017). General comment No.5 on Article 19 – the right to live independently and be included in the community. Retrieved October 25, 2022 from https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no5-article-19-right-live
United Nations Committee on the Rights of Persons with Disabilities. (2016). General comment No. 4: Article 24: Right to inclusive education. Retrieved October 25, 2022 from https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no-4-article-24-right-inclusive
United Nations Committee on the Rights of Persons with Disabilities. (2017). Concluding observations on the initial report of Canada, 8 May. Retrieved October 25, 2022 from https://www.ohchr.org/en/documents/concluding-observations/crpdccanco1-concluding-observations-initial-report-canada
United Nations Committee on the Rights of Persons with Disabilities. (2018). General comment no. 7 article 4.3 and 33.3: Participation of persons with disabilities, including children with disabilities, through their representative organizations, in the implementation and monitoring of the convention. Retrieved October 25, 2022 from https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no7-article-43-and-333-participation
United Nations Committee on the Rights of Persons with Disabilities. (2022). Guidelines on deinstitutionalization, including in emergencies. Paragraph 6. Retrieved October 25, 2022 from https://www.ohchr.org/en/documents/legal-standards-and-guidelines/crpdc5-guidelines-deinstitutionalization-including
Universal Declaration of Human Rights, GA Res 217A (III), UNGAOR, 3rd Sess, Supp No13, UN Doc A/810 (1948) 71.
Whitehead, T. D., & Hughey, J. B. (2004). Exploring self-advocacy from a social power perspective (p. 5). Nova Science Publishers.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Section Editor information
Appendix
Appendix
1.1 | It is important to note that Canada, and all its provinces and territories, including Ontario, have anti-discrimination laws which protect against discrimination on the basis of disability. If a person believes they have been discriminated against when they receive developmental services, they can initiate a human rights complaint at an independent tribunal charged with adjudicating discrimination complaints. However, in law and in practice anti-discrimination laws do not address the particular legal issues or rights violations commonly experienced by people who receive developmental services. Therefore, the availability of human rights complaint mechanisms does not alleviate the need for an independent, accessible process to adjudicate complaints related to the provision of developmental services and supports. |
1.2 | Research conducted in Ontario which included results of a survey and interviews, noted that 68% of parents of students with disabilities reported that schools were meeting half or less than half of their child’s academic needs, 53% reported improper academic accommodations; 67% reported not receiving the appropriate curriculum; and 61% reported their child was excluded from extra-curricular activities. (Reid et al., 2018) |
1.3 | Students with disabilities who are racialized and/or identify within a lower socio-economic status experience much higher rates of segregation than other students. A report released by Canada’s largest school board stated that “[s]tudents who self-identified as Black were over-represented in congregated Special Education…[and] notably under-represented in Gifted, IB, AP, Elite Athlete, and slightly under-represented in French Immersion” (see Toronto District School Board, “Facts, Selected In-School Programs: An Overview,” Issue 8, December 2013 (TDSB) at 3). |
1.4 | Approximately 45% of respondent parents stated that they needed to keep their child home from school as a result of a lack of supports or services. Moreover, more than half of parents reported that their child’s day had been shortened, often for reasons not related to the student’s needs, such as staffing shortages and transportation scheduling issues. On average, these students lost 3.86 h out of a 6 h school day.(Reid et al., 2018) |
Rights and permissions
Copyright information
© 2023 Springer Nature Singapore Pte Ltd.
About this entry
Cite this entry
Joffe, K., Lattanzio, R. (2023). Law-Making Within a Critical Disability Rights Framework. In: Rioux, M.H., Viera, J., Buettgen, A., Zubrow, E. (eds) Handbook of Disability. Springer, Singapore. https://doi.org/10.1007/978-981-16-1278-7_74-1
Download citation
DOI: https://doi.org/10.1007/978-981-16-1278-7_74-1
Received:
Accepted:
Published:
Publisher Name: Springer, Singapore
Print ISBN: 978-981-16-1278-7
Online ISBN: 978-981-16-1278-7
eBook Packages: Springer Reference Social SciencesReference Module Humanities and Social SciencesReference Module Business, Economics and Social Sciences