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A shift from welfare to rights : a case study of the ratification process for the convention on the rights of persons with disabilities in Cyprus

The domestic ratification process that States undergo prior to ratifying UN human rights conventions is an under researched area. In 2006, the UN Convention on the Rights of Persons with Disabilities (CRPD) was adopted. The CRPD is of historic significance as it is the first international human rights law instrument to explicitly set out the human rights of persons with disabilities. It is said to 'crystalise' and clarify a 'paradigm shift', in international human rights law; as historically persons with disabilities were seen as 'objects' to be managed, whereas the CRPD views persons with disabilities as 'subjects' with rights. The CRPD's drafting and negotiation process was a unique participatory process involving persons with disabilities and their organisations (DPOs). The participatory process influenced and shaped the content of the CRPD text. The CRPD may pose a challenge to States in its interpretation and practice. There is very little research focusing on the ratification process for the CRPD. This research explored the ratification process for the CRPD in the case of the Republic of Cyprus (Cyprus). A Foucauldian discursive analytic approach was used to identify the discourses and practice which shaped the process. The method included semistructured interviews with 23 governmental and non-governmental stakeholders and documentary analysis. The research found that the ratification process was a complex cultural process. The relationship between the Cypriot Government and DPOs was an important factor in shaping the ratification process. The 'CRPD human rights discourse' did not strongly shape the ratification process. There is a need for a conceptual engagement with the principles and values which underpin the CRPD. This thesis argues that although the ratification process in Cyprus had the capacity to support a transitioning to the CRPD's 'paradigm shift', a key factor in shaping this transitioning was its cultural context.

Identiferoai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:686638
Date January 2015
CreatorsKakoullis, Emily Julia
PublisherUniversity of Bristol
Source SetsEthos UK
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation

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