Some Parents Are More Equal than Others: Discrimination against People with Disabilities under Adoption Law
Article 23 of the Convention on the Rights of Persons with Disabilities (CRPD) explicitly includes ‘the adoption of children’ as a right to which people with disabilities are equally entitled. Despite the CRPD having been in force for over nine years, research is yet to consider whether CRPD signato...
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| Format: | Article |
| Language: | English |
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MDPI AG
2017-08-01
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| Series: | Laws |
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| Online Access: | https://www.mdpi.com/2075-471X/6/3/15 |
| _version_ | 1818001376619266048 |
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| author | Blake Connell |
| author_facet | Blake Connell |
| author_sort | Blake Connell |
| collection | DOAJ |
| description | Article 23 of the Convention on the Rights of Persons with Disabilities (CRPD) explicitly includes ‘the adoption of children’ as a right to which people with disabilities are equally entitled. Despite the CRPD having been in force for over nine years, research is yet to consider whether CRPD signatory states have brought their respective adoption regimes in line with their obligations under art 23 of the CRPD. Using the laws of the Australian state of Victoria by way of case study, this article aims to shed light on the difficulties people with disabilities still face when attempting to adopt children. In terms of methodology, this article conducts an interpretive critique of Victoria’s adoption law against art 23 of the CRPD, which it interprets mainly through the lens of the social model of disability. Ultimately, this article finds that Victoria’s adoption framework closely resembles the adoption regimes of many other CRPD signatories, yet it clearly fails to uphold Australia’s obligations under the CRPD. This is both as a result of the words of the legislation as well as their implementation in practice. This article proposes a suite of changes, both legislative and cultural, to bring Victoria’s adoption framework in line with art 23, which it hopes will serve as a catalyst for change in other CRPD signatory states. |
| first_indexed | 2024-04-14T03:33:41Z |
| format | Article |
| id | doaj.art-4b9fe04bc808464cb6dcf89d48d0bfe3 |
| institution | Directory Open Access Journal |
| issn | 2075-471X |
| language | English |
| last_indexed | 2024-04-14T03:33:41Z |
| publishDate | 2017-08-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj.art-4b9fe04bc808464cb6dcf89d48d0bfe32022-12-22T02:14:52ZengMDPI AGLaws2075-471X2017-08-01631510.3390/laws6030015laws6030015Some Parents Are More Equal than Others: Discrimination against People with Disabilities under Adoption LawBlake Connell0Melbourne Law School, The University of Melbourne, Melbourne 3053, AustraliaArticle 23 of the Convention on the Rights of Persons with Disabilities (CRPD) explicitly includes ‘the adoption of children’ as a right to which people with disabilities are equally entitled. Despite the CRPD having been in force for over nine years, research is yet to consider whether CRPD signatory states have brought their respective adoption regimes in line with their obligations under art 23 of the CRPD. Using the laws of the Australian state of Victoria by way of case study, this article aims to shed light on the difficulties people with disabilities still face when attempting to adopt children. In terms of methodology, this article conducts an interpretive critique of Victoria’s adoption law against art 23 of the CRPD, which it interprets mainly through the lens of the social model of disability. Ultimately, this article finds that Victoria’s adoption framework closely resembles the adoption regimes of many other CRPD signatories, yet it clearly fails to uphold Australia’s obligations under the CRPD. This is both as a result of the words of the legislation as well as their implementation in practice. This article proposes a suite of changes, both legislative and cultural, to bring Victoria’s adoption framework in line with art 23, which it hopes will serve as a catalyst for change in other CRPD signatory states.https://www.mdpi.com/2075-471X/6/3/15adoptionadoption lawCRPDdisabilitydisability rightspeople with disabilitiessocial modelmedical modelVictorian adoption law |
| spellingShingle | Blake Connell Some Parents Are More Equal than Others: Discrimination against People with Disabilities under Adoption Law Laws adoption adoption law CRPD disability disability rights people with disabilities social model medical model Victorian adoption law |
| title | Some Parents Are More Equal than Others: Discrimination against People with Disabilities under Adoption Law |
| title_full | Some Parents Are More Equal than Others: Discrimination against People with Disabilities under Adoption Law |
| title_fullStr | Some Parents Are More Equal than Others: Discrimination against People with Disabilities under Adoption Law |
| title_full_unstemmed | Some Parents Are More Equal than Others: Discrimination against People with Disabilities under Adoption Law |
| title_short | Some Parents Are More Equal than Others: Discrimination against People with Disabilities under Adoption Law |
| title_sort | some parents are more equal than others discrimination against people with disabilities under adoption law |
| topic | adoption adoption law CRPD disability disability rights people with disabilities social model medical model Victorian adoption law |
| url | https://www.mdpi.com/2075-471X/6/3/15 |
| work_keys_str_mv | AT blakeconnell someparentsaremoreequalthanothersdiscriminationagainstpeoplewithdisabilitiesunderadoptionlaw |