Social Rights and the Relational Value of the Rights to Participate in Sport, Recreation, and Play

Boston University International Law Journal, Vol. 27, No. 249, 2009

William & Mary Law School Research Paper No. 9-25

30 Pages Posted: 11 Jan 2010

See all articles by Michael Ashley Stein

Michael Ashley Stein

Visiting Professor, Harvard Law School; University of Pretoria Faculty of Law, Centre for Human Rights

Date Written: January 8, 2010

Abstract

This article considers the contributions of the CRPD to the development of social rights. More specifically, it tracks the normative content of the social rights to participate in sport, recreation and play and considers the relationship of these rights to the substantive equality vision reflected in the Convention. The article begins by charting the paradigmatic shift from a medical model of disability to a social model and ultimately to a rights-oriented understanding of disability that makes possible an equality approach to dismantling persistent disability discrimination and social marginalization, isolation, and exclusion. Next, it analyzes the conceptual framework for social rights in the CRPD and the connection between State obligations to eliminate disability discrimination and social rights’ guarantees for equal participation in sport, recreation, leisure and play. It further considers the content of CRPD’s Article 30(5). Finally, it explores the implications of these rights for the expressive and socializing effects of the Convention.

Keywords: disability, sports, human rights, economic, social and cultural rights

Suggested Citation

Stein, Michael Ashley, Social Rights and the Relational Value of the Rights to Participate in Sport, Recreation, and Play (January 8, 2010). Boston University International Law Journal, Vol. 27, No. 249, 2009, William & Mary Law School Research Paper No. 9-25, Available at SSRN: https://ssrn.com/abstract=1533496

Michael Ashley Stein (Contact Author)

Visiting Professor, Harvard Law School ( email )

1585 Massachussetts Avenue
Austin Hall 305
Cambridge, MA 02138
United States
617-495-1726 (Phone)

University of Pretoria Faculty of Law, Centre for Human Rights ( email )

Private Bag X20
Hatfield 0028
Pretoria
South Africa

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