WITHDRAWN—Administrative Duplicate Publication: Disability rights in the Inter-American System of human rights: An expansive and evolving protection
| DOI | 10.1177/0924015917753254 |
| Published date | 01 March 2020 |
| Date | 01 March 2020 |
| Author | Diana Guarnizo-Peralta |
| Subject Matter | Withdrawn articles |
WITHDRAWAL –
Administrative Duplicate
Publication: Disability rights
in the Inter-American System
of human rights: An expansive
and evolving protection
Guarnizo-Peralta, D. (2018) Disability rights in the Inter-American System of human rights: An
expansive and evolving protection. Netherlands Quarterly of Human Rights. Epub ahead of print
January 9, 2018.
Ahead of Print article withdrawn by publisher.
Due to an administrative error, this article was accidentally published Online First and in Volume
36 Issue 1 with different DOIs.
The correct and citable version of the article remains:
Guarnizo-Peralta, D. (2018) Disability rights in the Inter-American System of Human Rights:
An expansive and evolving protection. Netherlands Quarterly of Human Rights 36(1): 43–63.
DOI: 10.1177/0924051917753254
Netherlands Quarterly of Human Rights
2020, Vol. 38(1) NP2
ªThe Author(s) 2020
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sagepub.com/journals-permissions
DOI: 10.1177/0924051920906690
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Article
WITHDRAWN—
Administrative Duplicate
Publication: Disability rights
in the Inter-American System
of Human Rights: An expansive
and evolving protection
Diana Guarnizo-Peralta
1
Dejusticia, Bogota
´, Colombia
Abstract
In recent years the Inter-American Human Rights System has moved in the direction of increasingly
protecting the rights of persons with disabilities. Although the Inter-American singular instrument
dealing with disability rights (CIADDIS) does not provide a strong tool for the analysis of individual
claimsin cases of violationsof these rights, both theInter-American Commissionon Human Rightsand
the Inter-American Court of Human Rights have relied on an expansive interpretation of the Inter-
American treaties, particularly the American Convention on Human Rights (ACHR), in order to
protectthem. The purpose of thisarticle is to trace the evolutionof Inter-Americanjurisprudence and
practice withregard to the protection of the rightsof persons with disabilities.In its first decisions on
persons with disabilities, the Inter-American System took a general approach by simply recognising
that personswith disabilities are entitledto the same rights as all persons;in its more recent decisions
the Inter-American System has taken a proactive approach by interpreting those rights from a par-
ticular disability rights perspective. This article willargue that in doing so, the Inter-American System
has, in some aspects, progressively caught up with international standards of protection regarding
disabilityrights, whilein others, it has developeda particularstandard of interpretationthat is in conflict
with the CRPD’s standards. Inter-American jurisprudence is thusslowly becoming an internationally
relevant actor for the interpretation of disability rights, one that shouldbe taken into account.
Keywords
Disability rights, Inter-American System of Human Rights, ACHR, CRPD, CIADDIS, persons with
disabilities.
1. Diana Guarnizo-Peralta (PhD and LLM in International Human Rights Law at University of Essex, LLB at National
University of Colombia, Researcher at Dejusticia, Bogota´, Colombia). I would like to thank Sabine Michalowski and
Claret Vargas for their comments on previous versions of this work, and to Natalia Rodriguez-Malago´n and Tara Van-
Ho for their editorial revisions. E-mail dguarnizo@dejusticia.org.
Corresponding author:
Diana Guarnizo-Peralta, Dejusticia, Bogota
´, Colombia.
E-mail: dguarnizo@dejusticia.org
Netherlands Quarterly of Human Rights
2018, Vol. 38(1) NP22–NP42
ªThe Author(s) 2018
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/0924015917753254
journals.sagepub.com/home/nqh
NQHR
NQHR
WITHDRAWN—Administrative Duplicate Publication
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