Article 30: Participation in Cultural Life, Recreation, Leisure and Sport

Ilias  Bantekas; Pok Yin Stephenson Chow; Stavroula  Karapapa; Eleni  Polymenopoulou

doi:10.1093/law/9780198810667.003.0031

Article 30: Participation in Cultural Life, Recreation, Leisure and Sport

Ilias Bantekas
, Pok Yin Stephenson Chow
, Stavroula Karapapa
, Eleni Polymenopoulou

School of Law

Research output: Chapters, Conference Papers, Creative and Literary Works › RGC 12 - Chapter in an edited book (Author) › peer-review

Abstract

This chapter examines Article 30 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article covers many, sometimes disparate, issues, although the underlying entitlements are accessibility and availability. One of the cornerstones of Article 30 is access to culture, one of the least studied human rights and its content remains contested. Culture is subject to several limitations, such as censorship, freedom of expression constraints, sensitivities towards religions, and hate speech. Do these limitations apply to the right of access to culture of disabled persons in the same way as they do to their non-disabled counterparts? Paragraph 3 is perhaps the most contentious of all. It suggests that existing intellectual property laws should be construed in such a way as to avoid imposing any unreasonable or discriminatory barriers against persons with disabilities to the enjoyment of their right of access to cultural materials.

Original language	English
Title of host publication	The UN Convention on the Rights of Persons with Disabilities
Subtitle of host publication	A Commentary
Editors	Ilias Bantekas, Michael Ashley Stein, Dimitris Anastasiou
Place of Publication	Oxford
Publisher	Oxford University Press
Pages	863-923
ISBN (Print)	9780198810667
DOIs	https://doi.org/10.1093/law/9780198810667.003.0031
Publication status	Published - Nov 2018

Publication series

Name	Oxford Commentaries on International Law
Publisher	Oxford University Press

Bibliographical note

Research Unit(s) information for this publication is provided by the author(s) concerned.

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 1 No Poverty

Research Keywords

Artistic expression
Disability
Economic, social, and cultural rights
International courts and tribunals, jurisdiction

Policy Impact

Cited in Policy Documents

Access Output

10.1093/law/9780198810667.003.0031

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Bantekas, I., Chow, P. Y. S., Karapapa, S., & Polymenopoulou, E. (2018). Article 30: Participation in Cultural Life, Recreation, Leisure and Sport. In I. Bantekas, M. A. Stein, & D. Anastasiou (Eds.), The UN Convention on the Rights of Persons with Disabilities: A Commentary (pp. 863-923). (Oxford Commentaries on International Law). Oxford University Press. https://doi.org/10.1093/law/9780198810667.003.0031

Bantekas, Ilias ; Chow, Pok Yin Stephenson ; Karapapa, Stavroula et al. / Article 30 : Participation in Cultural Life, Recreation, Leisure and Sport. The UN Convention on the Rights of Persons with Disabilities: A Commentary. editor / Ilias Bantekas ; Michael Ashley Stein ; Dimitris Anastasiou. Oxford : Oxford University Press, 2018. pp. 863-923 (Oxford Commentaries on International Law).

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abstract = "This chapter examines Article 30 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article covers many, sometimes disparate, issues, although the underlying entitlements are accessibility and availability. One of the cornerstones of Article 30 is access to culture, one of the least studied human rights and its content remains contested. Culture is subject to several limitations, such as censorship, freedom of expression constraints, sensitivities towards religions, and hate speech. Do these limitations apply to the right of access to culture of disabled persons in the same way as they do to their non-disabled counterparts? Paragraph 3 is perhaps the most contentious of all. It suggests that existing intellectual property laws should be construed in such a way as to avoid imposing any unreasonable or discriminatory barriers against persons with disabilities to the enjoyment of their right of access to cultural materials.",

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author = "Ilias Bantekas and Chow, \{Pok Yin Stephenson\} and Stavroula Karapapa and Eleni Polymenopoulou",

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Bantekas, I, Chow, PYS, Karapapa, S & Polymenopoulou, E 2018, Article 30: Participation in Cultural Life, Recreation, Leisure and Sport. in I Bantekas, MA Stein & D Anastasiou (eds), The UN Convention on the Rights of Persons with Disabilities: A Commentary. Oxford Commentaries on International Law, Oxford University Press, Oxford, pp. 863-923. https://doi.org/10.1093/law/9780198810667.003.0031

Article 30: Participation in Cultural Life, Recreation, Leisure and Sport. / Bantekas, Ilias ; Chow, Pok Yin Stephenson; Karapapa, Stavroula et al.
The UN Convention on the Rights of Persons with Disabilities: A Commentary. ed. / Ilias Bantekas; Michael Ashley Stein; Dimitris Anastasiou. Oxford: Oxford University Press, 2018. p. 863-923 (Oxford Commentaries on International Law).

Research output: Chapters, Conference Papers, Creative and Literary Works › RGC 12 - Chapter in an edited book (Author) › peer-review

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AU - Chow, Pok Yin Stephenson

AU - Karapapa, Stavroula

AU - Polymenopoulou, Eleni

N1 - Research Unit(s) information for this publication is provided by the author(s) concerned.

PY - 2018/11

Y1 - 2018/11

N2 - This chapter examines Article 30 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article covers many, sometimes disparate, issues, although the underlying entitlements are accessibility and availability. One of the cornerstones of Article 30 is access to culture, one of the least studied human rights and its content remains contested. Culture is subject to several limitations, such as censorship, freedom of expression constraints, sensitivities towards religions, and hate speech. Do these limitations apply to the right of access to culture of disabled persons in the same way as they do to their non-disabled counterparts? Paragraph 3 is perhaps the most contentious of all. It suggests that existing intellectual property laws should be construed in such a way as to avoid imposing any unreasonable or discriminatory barriers against persons with disabilities to the enjoyment of their right of access to cultural materials.

AB - This chapter examines Article 30 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The article covers many, sometimes disparate, issues, although the underlying entitlements are accessibility and availability. One of the cornerstones of Article 30 is access to culture, one of the least studied human rights and its content remains contested. Culture is subject to several limitations, such as censorship, freedom of expression constraints, sensitivities towards religions, and hate speech. Do these limitations apply to the right of access to culture of disabled persons in the same way as they do to their non-disabled counterparts? Paragraph 3 is perhaps the most contentious of all. It suggests that existing intellectual property laws should be construed in such a way as to avoid imposing any unreasonable or discriminatory barriers against persons with disabilities to the enjoyment of their right of access to cultural materials.

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KW - Disability

KW - Economic, social, and cultural rights

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Bantekas I, Chow PYS, Karapapa S, Polymenopoulou E. Article 30: Participation in Cultural Life, Recreation, Leisure and Sport. In Bantekas I, Stein MA, Anastasiou D, editors, The UN Convention on the Rights of Persons with Disabilities: A Commentary. Oxford: Oxford University Press. 2018. p. 863-923. (Oxford Commentaries on International Law). doi: 10.1093/law/9780198810667.003.0031

Article 30: Participation in Cultural Life, Recreation, Leisure and Sport

Abstract

Publication series

Bibliographical note

UN SDGs

Research Keywords

Policy Impact

Access Output

Other Access Options

Permanent Link

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Cite this