ABSTRACT
This chapter discusses the normative content of Article 30 of the UN Convention on the Rights of Persons with Disabilities (CRPD), with a focus on participation in cultural life, taking into account the relevant jurisprudence of the UN Committee on the Rights of Persons with Disabilities (CRPD Committee). After a general overview of the right to participate in cultural life in international law, the chapter disentangles the obligations provided for in Article 30 CRPD. It first examines the right to access culture, focusing on Article 30(1) CRPD. In this regard, it also explores the obligation laid out in Article 30(3) CRPD that laws protecting intellectual property rights, particularly copyright, ‘do not constitute an unreasonable or discriminatory barrier’ to accessing cultural materials. It then examines the obligation of States Parties to take appropriate measures that enable persons with disabilities to develop and use their creative artistic and intellectual potential, as articulated in Article 30(2) CRPD. Finally, the chapter examines the way in which Article 30 CRPD asserts the collective dimension of the right to cultural participation by providing that persons with disabilities are entitled to receive ‘recognition and support’ of their specific cultural and linguistic identity. Purposely, the chapter does not consider the remainder of Article 30 CRPD, dealing with sport and leisure, which is outside the scope of this book.
