Research Articles (Faculty of Law)

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Browsing by Author "Basson, Yvette"

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    State obligations in international law related to the right to an adequate standard of living for persons with disabilities
    (University of the Western Cape, 2017) Basson, Yvette
    The role played by international law in guaranteeing the right to an adequate standard of living is an important one.1 For a number of years, international bodies have sought to introduce certain levels of financial and other benefits which aim to provide for a basic standard of living for persons in need.2 In addition, international law has recently turned to the issue of the rights of persons with disabilities, which includes the right to social security and an adequate standard of living. The United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD)3 was adopted by the General Assembly in December 2006 and has become the primary international law instrument in realising the rights of persons with disabilities, including the right to an adequate standard of living.
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    Towards equality for women with disabilities in South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities South Africa: The implementation of articles 5 and 6 of the convention on the rights of persons with disabilities
    (2021) Basson, Yvette
    The United Nations Convention on the Rights of Persons with Disabilities provides for various rights that must be prioritised by states parties which have signed and ratified it, with particular emphasis on the right to equality. The CRPD was signed and ratified by South Africa, and as such has become binding and requires implementation into the domestic legislation of the country. Article 5 of the CRPD provides generally for the principles of equality and non-discrimination of persons with disabilities. Article 6 then furthers this concept specifically for women with disabilities. The aim of this article is to determine whether the current legislative measures in place in South Africa, to realise the right to equality of women with disabilities, are compliant with international law. To this end, articles 5 and 6 of the CRPD along with the General Comments released by the Committee on the Rights of Persons with Disabilities will be analysed.