Recognising Human Rights in Different Cultural Contexts The United Nations Convention on the Rights of Persons with Disabilities (CRPD) Edited by Emily Julia Kakoullis Kelley Johnson Recognising Human Rights in Different Cultural Contexts “When the Convention on the Rights of Persons with Disabilities was accepted by the United Nations General Assembly in 2006, the work of human rights was only just beginning. This varied and fascinating book reveals some of the ways in which national contexts and cultures adopted and implemented the Convention into local use. We need urgently to understand the complexity of implementing disability equality, and this collection is of inestimable help in that task.” —Professor Tom Shakespeare, London School of Hygiene and Tropical Medicine “An important addition to the field of disability rights, highlighting the role of culture(s)—legal, social, and identity—on international law-making processes, interpretation and implementation. With ‘snapshots’ of the journey of the CRPD post-ratification across and within nations, Recognising Human Rights in Different Cultural Contexts provides a first of its kind look into dynamics and embedded values that affect the struggle for human rights of persons with disabilities.” —Assistant Professor Maya Sabatello, Columbia University “Culture can be a powerful influence on the way in which international law is adopted or resisted, and this book acts as a timely reminder of its importance. Drawing on evidence from the United Nations Convention on the Rights of Persons with Disabilities, the authors provide a sensitive, unique and insightful portrayal of the intersection between legislative directive and its translation into practice in different cultural contexts, within and between societies. It is a thought-provoking and interesting book that addresses complexity and diversity but in itself is well-structured and inclusive in its approach.” —Professor Pauline Heslop, University of Bristol Emily Julia Kakoullis • Kelley Johnson Editors Recognising Human Rights in Different Cultural Contexts The United Nations Convention on the Rights of Persons with Disabilities (CRPD) Editors Emily Julia Kakoullis Kelley Johnson School of Law and Politics Social Policy Research Centre Cardiff University UNSW Cardiff, UK Sydney, Australia ISBN 978-981-15-0785-4 ISBN 978-981-15-0786-1 (eBook) https://doi.org/10.1007/978-981-15-0786-1 © The Editor(s) (if applicable) and The Author(s) 2020 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and trans- mission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Palgrave Macmillan imprint is published by the registered company Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore We dedicate this book to persons who identify as persons with disabilities and their allies who are engaged in working to achieve their human rights at global, State and local levels. Acknowledgements We thank the contributors for their work, commitment, and patience during the development of this book. We thank Joshua Pitt for his patience and support in the journey towards the realisation of this book and Marie Selwood for her assistance with copyediting. We also thank our friends and families for their patience, love and support in this journey. vii Contents 1 Introduction 1 Emily Julia Kakoullis and Kelley Johnson Part I Culture, Disability and the CRPD 17 2 Legal Culture and the CRPD 19 Gerard Quinn 3 Anthropology, Disability and the CRPD 45 James G. Rice 4 Recognising Cultural Diversity: Implications for Persons with Disabilities 63 Kelley Johnson 5 A Personal Reflection on Indigeneity, Colonisation and the CRPD 79 Huhana Hickey ix x Contents Part II The Ratification Process: To Be or Not to Be? 95 6 The Failure of the United States to Ratify the CRPD 97 Arlene S. Kanter 7 The Long Road to Ratification: Ireland and the CRPD 133 Eilionóir Flynn 8 A Consultative Culture? The Ratification Process for the CRPD in Cyprus 157 Emily Julia Kakoullis 9 A Janus-Faced Affair: Sri Lanka’s Ratification of the CRPD 179 Dinesha Samararatne Part III Making Disability Human Rights Happen? Cultural Challenges to Implementing the CRPD 201 10 The ‘Transposition’ of Article 12 of the CRPD in China and Its Potential Impact on Chinese Legal Capacity Law and Culture 203 Huang Yi 11 Implementation of Article 19 of the CRPD in Hungary and Its Impact on the Deinstitutionalisation Process So Far 227 Magdi Birtha 12 Implementing Article 19 of the CRPD in Nordic Welfare States: The Culture of Welfare and the CRPD 257 Ciara Brennan and Rannveig Traustadóttir Contents xi 13 Article 30 of the CRPD as a Vehicle for Social Transformation: Harnessing the CRPD’s Potential for Persons with Intellectual Disabilities 269 Matthew S. Smith and Michael Ashley Stein Part IV Monitoring the CRPD: Resolving Conflicting Interests? 295 14 Was Ratification of the CRPD the High Watermark for United Kingdom Disability Rights? Ten Years of Monitoring Implementation of the CRPD 297 Neil Crowther and Liz Sayce OBE 15 The Role of Disabled People’s Organisations in Promoting the CRPD in Indonesia 333 Dina Afrianty 16 The Process of State Party Reporting to the CRPD Committee: The Indian Experience 353 Amita Dhanda 17 Conclusion 377 Kelley Johnson and Emily Julia Kakoullis Index 387 Notes on Contributors Dina Afrianty is a Research Fellow at La Trobe Law School, La Trobe University, Melbourne; is affiliated with the State Islamic University (UIN); and is the founder of Australia-Indonesia Disability Research and Advocacy Network (AIDRAN). AIDRAN receives funding from the Knowledge Sector Initiative partnership with Indonesia’s National Development Planning Agency. Afrianty’s research focuses on the inter- section of law, politics, gender, and religion in Muslim societies and the human rights of persons with disabilities in Indonesia. Her publications include the book Women and Sharia Law in Indonesia and articles on gender, women’s movements for policy reform, and disability rights movements in Indonesia. Magdi Birtha is a Researcher at the European Centre for Social Welfare Policy and Research, a Vienna-based intergovernmental organisation affiliated to the United Nations. She is also a Research Affiliate at the Centre for Disability Law and Policy (CDLP) at the National University of Ireland (NUI). Prior to that Birtha was a Marie Skłodowska-Curie PhD Research Fellow, part of the DREAM (Disability Rights Expanding Accessible Markets) Project at the CDLP. She holds expertise in the areas of CRPD monitoring, legal capacity, independent living, accessibility, social inclusion, and political participation of persons with disabilities. xiii