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Brazilian Journal of International LawConvention on the rights of persons with disabilities: how an “invisible” minority carved their space.
This work was conducted through bibliographic and documentary research, with the goal of analyze the juridical-political process at the international and national realms that led to the drafting of the Convention on the Rights of Persons with Disabilities and its approval and reception at Brazilian legal system with constitutional amendment status. For this, we sought to understand the systematic of reception and incorporation of human rights treaties in the Brazilian legal system, demonstrating afterwards the importance of these instruments in the struggle for human rights. Due to the context of exclusion, vulnerability and invisibility that was — and still is — largely subjected the disabled people in Brazil, it is relevant to analyze how these individuals organized themselves around a struggle for human rights, so that they achieved not only the elaboration of an international convention that guaranteed their human rights, but also participation in this process. Finally, it is discussed the fighting for ratification of the Convention, achieved quickly and with the inedited status of Constitutional Amendment, capping an intense process of struggle for human rights. The paper concludes, in the end, that the participation of people with disabilities has had decisive importance in the processes leading to the achievements already mentioned and even has opened up a new way to fight for the rights of this group, now in transnational realm.
This article seeks to analyze the recent developments of the work involving the international jurisdiction and recognition and enforcement of foreign judgments (the so-called Judgments Project) carried out by the Hague Conference on Private International Law, an international organization devoted to formulate international standards for progressive unification of private international amongst its Members. Over the past four years, a group of experts and scholars from various Brazilian universities and research centers – the Group on Foreign Judgments (“Grupo de Sentenças Estrangeiras” - GSE ) – have convened preparatory meetings in Rio de Janeiro, in order to discuss the relevant topics of the agenda of the annual meetings of the Council on General Affairs and Policy of the Hague Conference. By this task, the GSE aims to contribute to the advancement of the Conference´s work towards the potential drafting and adoption of a multilateral convention on recognition and enforcement of foreign judgments. As a matter of methodology and apart from identifying the main outstanding issues of the Judgments Project, GSE has been formulating conclusions and recommendations to highlight the scholarly views from Brazilian experts about the Project. Initiatives from academia and civil society, which outcomes can be extracted from the meetings described herein, are mobilization features underlying the debate on private international law issues in a very important multilateral forum, the Hague Conference on Private International Law .
Este artigo tem como objetivo buscar uma breve reflexão sobre as inter-relações entre a proteção internacional do meio ambiente e dos direitos humanos e analisar as contribuições do chamado greening ou “esverdeamento” do sistema interamericano de direitos humanos – fenômeno que ocorre quando se protege direitos de cunho ambiental por meio de dispositivos da Convenção Americana sobre Direito Humanos, que são voltados em princípio à garantia de direitos civis e políticos.