Uses of the Convention on the Rights of Persons with Disabilities in Domestic Courts

This chapter draws on data provided in Chapters 2–14 to carry out a functional analysis, identifying and exploring seven ways in which the Convention on the Rights of Persons with Disabilities (CRPD) has been used in the court judgments in the cases analysed in this study: first, its use to invalidate or declare unconstitutional national or regional legislation judged to be inconsistent with it; second, its use to overturn or radically reinterpret domestic jurisprudence or legal doctrine; third, its use to provide normative content to proactively ‘fill gaps’ in domestic law; fourth, its use to help resolve ambiguities in domestic law (statutory or otherwise); fifth, its use to bolster or support decisions based on domestic or other international authorities; sixth, its use to affirm the importance of the human rights of disabled people; and, finally, its use as a check on executive or public body decision-making. Christopher McCrudden’s comparative international law analysis is referenced to illuminate the discussion.