The UN Convention on the rights of persons with disabilities and its interpretation (La Convention des Nations Unies relative aux droits des personnes handicapées et son interprétation)

摘要

This paper explores the United Nations Convention on the rights of persons with disabilities (CRPD) from a phenomenological perspective. It argues for complementing the predominant juridical approach to the CRPD with attention to the extra-juridical dimension of the constitution of its meaning. The core argument is that disabled people's collectives should be recognised and admitted as important stakeholders and contributors in the community of interpretation that gives the CRPD its meaning. After briefly introducing the CRPD, the first part of the paper highlights the ubiquity of interpretation and the limits of its juridical regulation. The second part explores some extra-juridical factors that influence the interpretation of the CRPD. Two cases are considered: the socially embedded materiality of the interpretive work of the CRPD Committee; and the politics of interpretation inherent in the CRPD's translation between languages. The latter is backed up by comparing the English, French, Russian and Bulgarian versions of several CRPD provisions. In conclusion, some methodological and programmatic inferences are drawn from the analysis. In particular, it is argued that disabled people's civic self-organising is indispensable for sustaining the interpretation of the CRPD along transformative and emancipatory lines.