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University of New South Wales Sydney Seminar on the CRPD February 2009. Gerard Quinn Article 33 – the Engine of the Convention. Jurisprudential Philosophy. Int Law Does not Exist. Int Law Is an End in Itself. Reified An End In itself ‘temptation of elegance’ - PowerPoint PPT Presentation
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University of New South WalesSydney
Seminar on the CRPD February 2009
University of New South WalesSydney
Seminar on the CRPD February 2009
Gerard Quinn
Article 33 – the Engine of the Convention
Jurisprudential Philosophy
Int Law Is an End in Itself
Reified
An End In itself
‘temptation of elegance’
Von Jehring’s Legal heaven
Legal Realism.The Inevitable Gap between
‘Law in Books-Law in Action’‘Myth System-Operation System’
General Principles don’t solve hard cases
Bridging the Gap???
Internalise/Socialise the norms into the Law & Policy Process.
Generating a Reflective Process of alignment
‘Own’ the norms.
Motivated to ‘see’ symmetry between national & International
Motivated to benchmark to the international
Motivated to contribute a ModelNot a one-way street
Becoming a policy reflex…
Sir William Blackstone“upon marriage woman suffers civil death”
Much the same default in disability
From subject to object – and back to subject
John Brown
Force the issue
Make People Face truth…
Expose Contradiction
“you have to take sides”
Political process Reflects the default
Diminished voice for PWD makes it hardTo dislodge
A ‘discrete and insular minority’ Exclusion is Self-Perpetuating
The Process that produces those Outputs
I see the CRPD as a Reflecting on
SO What Engine of Transformation Does the CRPD Envisage?
Transmission Belt
International Legal Order
Domestic Legal Order
Committee on the Rts of PWD Conference of States Parties
Domestic Institutional Architecture for ChangeGovernmentFocal Point Coord Mechan 33.1
National Monitoring Body‘protect, promote, monitor’ 33.2
Active Consultation withPWD 33.3
Research Supporting Action
Article 33 National implementation and monitoring
1.States Parties, in accordance with their system of organization,
shall designate
one or more focal points within government
for matters relating to the implementation of the present Convention,
and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.
Certain Margin of Appreciation
It has the Choice – but it mustBe exercised
Can be a Plurality – no CriteriaGiven – [authority, effectiveness, link to int law]
Drilled down Implementation
Certain Margin of Appreciation
Independence mandatory
3 Very Different Roles
Paris Principles???
“Protect”
“Promote”
“Monitor”
Valorise the Paradigm ShiftAdvocate for RatificationAdvocate for No ReservationsMainstream into own work
Do so in concert – ICC & European GroupDatabase
Establish BaselineConduct Studies/EnquiriesTrack Legislation and Suggest AmendmentsCome Forward with own Blueprints
Do so in concert – Regional Inputs
Intervene in LitigationInitiate LitigationAct as amicus curia – European Group
Do so in Concert
3. Civil society,
in particular persons with disabilities and
their representative organizations,
shall be involved and participate fully in the monitoring process.
NGOs
Monitor
+++Protect
+++Promote
Critical Success Factors.
GovernmentFocal Point(s)
National Monitoring Body‘protect, promote, monitor’
Active Consultation withPWD
•Genuinely Independent
•Robust use of Powers
PromoteMonitorProtect
•Constructive element in domestic dialectic
•Capacity Raising with others •Active Consultation
Develop New Skills ‘Know How’Political entrepreneurism
Tackle Problems = Propose Solutions
Research to Action: Solutions Factory, Ideas, Comparative Research
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