States, International Organisations, Other Sovereign Entities and the Architecture of Disability Rights: A Tripartite Approach?

Abstract

Considering disability (or <i>rectius</i>, different ability) from a human rights perspective entails a review of, and thereby the progressive development of, fundamental rights. According to some scholars, disability entails a revision of the classical tripartite human rights architecture, based on the duties to respect, protect and fulfil first-, second- and third-generation human rights, so as to include so-called fourth- and fifth-generation fundamental rights. Particularly in light of the Convention on the Rights of Persons with Disabilities, how do fundamental rights categories apply in the area of disabilities with respect to States, international organisation and other sovereign persons? Arguably, whereas the regulation of disability entails a progressive development and pluralisation of fundamental rights, the tripartite approach to human rights still provides a valid interpretive lens to understand disability rights.