Dr Gauthier de Beco's publications
A Commentary on the Paris Principles on National Human Rights Institutions (Cambridge University Press, 2014),
This is the first book to thoroughly analyse the Paris Principles and will be essential reading for a global audience of both practitioners working for NHRIs and the UN as well as human rights scholars.
Article 33 of the UN Convention on the Rights of Persons with Disabilities National Structures for the Implementation and Monitoring of the Convention (Martinus Nijhoff Publishers, 2013),
National Structures for the Implementation and Monitoring of the Convention Gauthier de Beco ... 3 UN Human Rights Council, Human rights of persons with disabilities: national implementation and monitoring and introducing as the theme for ...
Human Rights Monitoring Mechanisms of the Council of Europe (Routledge, 2012),
The book studies the human rights monitoring mechanisms of the Council of Europe.
‘Transition to Inclusive Education Systems According to the Convention on the Rights of Persons with Disabilities’, Nordic Journal of Human Rights, 34.1 (2016), 40-59,
DOI: 10.1080/18918131.2016.1153183, Repository URL: http://eprints.whiterose.ac.uk/95778/
This article deals with the transition to inclusive education systems, and therefore concerns states that have built segregated education systems. Article 24 of the Convention on the Rights of Persons with Disabilities (CRPD) proclaims the right to inclusive education for disabled people. State parties that are equipped with special schools, however, face particular challenges in progressively realising the right in question. This article therefore examines what ‘inclusive education’ truly means, what steps must be taken to achieve it, and what tools can be used to ensure the transition to inclusive education systems so as to comply with the CRPD. Considering the obstacles to inclusive education, the article argues that inclusive education is a process that needs permanent efforts to adapt the general education system to disabled children. It also considers the implementation of the right to education of disabled people through the adoption of national human rights action plans and the use of human rights indicators.
‘Is Obesity a disability? The Definition of Disability by the Court of Justice of the European Union and its Consequences for the Application of EU Anti-Discrimination Law’, Columbia Journal of European Law, 22.2 (2016), 381-402,
Repository URL: http://eprints.whiterose.ac.uk/95855/
This paper examines the relevant issues pertaining to disability as defined by the Court of Justice of the European Union in light of the Kaltoft v Municipality of Billund case. It considers whether the Court’s application of the guidance on the meaning of disability in the UN CRPD is adequate for defining disability according to European Union anti-discrimination law. After discussing the concept of disability and the relevant CJEU’s jurisprudence, the paper examines the differences between European Union anti-discrimination law and European human rights law regarding non-discrimination, and explores the ways in which obese people could be protected against discrimination under European Union ant-discrimination law. It finally considers the practical and legal consequences of the Court’s application of the guidance on the meaning of disability in the UN CRPD.
‘The right to inclusive education according to article 24 of the un convention on the rights of persons with disabilities: Background, requirements and (remaining) questions’, Netherlands Quarterly of Human Rights, 32.3 (2014), 263-287,
© Netherlands Institute of Human Rights (SIM), Printed in the Netherlands. This article deals with the right to inclusive education. Article 24 of the UN Convention on the Rights of Persons with Disabilities (CRPD) provides not only that children with disabilities should not be discriminated against but also that they should be able to participate in the general education system. Children with disabilities should therefore be educated in mainstream schools. The article begins by studying the right to education in international human rights law (Section 2). It continues with a general introduction to the CRPD (Section 3). After discussing its drafting history, the article goes on to analyse Article 24 of the CRPD, examining the concept of inclusive education, the duty to provide reasonable accommodation and the obligation to adopt support measures and asking the question whether special schools should still be available (Section 3).
The protection role of the Committee on Petitions in the context of the implementation of the UN Convention on the Rights of Persons with Disabilities, (Brussels: European Parliament, 2015),
This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the PETI Committee. It explains the context of the UN Convention on the Rights of Persons with Disabilities (UN CRPD) with reference to the PETI Committee’s role in the EU Framework for its implementation. It considers the petitions received on disability issues and examples of CRPD protection mechanisms implemented at level of the UN, the EU and the Member States. Recommendations are made to assist the EP in deliberating on disability issues in its protection role.