Disability-Selective-Abortion in International Human Rights Law – Stereotypes and Stereotyping under Art. 8 CRPD
The research project
Worldwide, national legislation on the termination of pregnancy abounds in laws differentiating between foetuses with or without disability, providing for Disability-Selective-Abortion (DSA). This research project delves into the complex and contentious issue of DSA through the lens of international human rights law, with a particular focus on the implications of stereotypes and stereotyping as outlined in Article 8(1)(b) of the Convention on the Rights of Persons with Disabilities (CRPD). The research examines the legal admissibility of DSA by exploring and analysing its intersection with women's reproductive rights and the rights of persons with disabilities. To this end, this research project will mirror a recent shift in the argumentation against DSA, emphasizing its impact on the rights and interests of persons already born with disabilities rather than on potential rights of the unborn. Thus, examining the legal implications of harmful stereotypes and wrongful stereotyping of persons with disabilities as a human rights issue as anchored in Art. 8(1)(b) CRPD in the context of DSA will be the core research focus of this project.
This requires a thorough understanding of international human rights law. To achieve comprehensive and universal results, the project must engage with scholarly work, jurisprudence, and domestic legislation from various regions of the world to identify commonalities and differences. When analysing the normative content of international human rights treaties ratified by numerous states, it is important to consider regional peculiarities to ensure that the assessment is not solely influenced by the 'familiar' human rights system.
What I need the IRB for
The IRB will allow me to conduct research stays in regions with different human rights systems, to explore the differences and similarities, and to expand my research network beyond Europe. At the same time, it will allow me to present, discuss and critically reflect on my research with colleagues from around the world in order to achieve a truly international understanding of the law. In short, the IRB is going to help me to become an international lawyer who conducts research truly internationally.
Conference stay in Pretoria, South Africa (4-7 December 2024)
Funded by the IRB, I attended an international conference on regional approaches to the business and human rights agenda in Pretoria, South Africa. The workshop brought together many renowned scholars from different regions of the world and sparked many interesting points of exchange and discussion. I had the opportunity to present on the obligations of media companies, particularly in relation to stereotypes and the obligations under the UN Convention on the Rights of Persons with Disabilities. As part of the conference programme, we also visited the Apartheid Museum in Johannesburg and, while learning about these important lessons from the past, discussed contemporary issues such as modern slavery and forced labour.
All in all, the conference not only expanded my research network beyond Europe, but also allowed me to engage with several experts in the field of business and human rights and to discuss my ideas on the relevance of stereotypes in this field. I will also have the opportunity to further develop my presentation into a contribution to the edited volume that will now be developed from the workshop inputs, incorporating all the fruitful feedback I received during the conference.