ABSTRACT

Chapter 11 traces the development of EU legislation concerning non-discrimination on the grounds of disability. The chapter examines the key concepts of ‘direct discrimination’, ‘indirect discrimination’, the ‘burden of proof’ and ‘causation’. The chapter provides an overview of the key legislative enactment regulating disability discrimination within the EU, the Employment Equality Directive. In addition, it examines the case law of the CJEU relating to disability discrimination pre- and post-CRPD. The chapter highlights that, under the influence of the CRPD, the CJEU’s case law demonstrates a shift from the medical model to the social model of disability. Finally, the chapter reflects on the Commission’s proposal for a new non-discrimination directive.

Chapter 9 addresses selected substantive CRPD rights together, namely, the right to education, the right to access culture and the right to participate in political and public life. In the first instance, the chapter contains an overview of the development of the right to inclusive education and the meaning of the concept. It then outlines the goals of inclusive education and the measures to be adopted by States Parties under Article 24 CRPD. It addresses the key challenges encountered in the implementation of Article 24 CRPD as well as best practices in the field. In the second instance, the chapter turns to an examination of the right to access culture and the obligations stemming from that right. In analysing the scope and content of Article 30 CRPD, the chapter also addresses the protection and promotion of sign languages and Deaf culture. Finally, the chapter sets out the right to political participation, which is an essential component in achieving active citizenship, and it examines the normative content of Article 29 CRPD.

Chapter 12 examines the main tenets of the current EU action on accessibility for persons with disabilities and identify the most relevant provisions in the EU legal framework. It analyses the relevant accessibility legislation that predates the conclusion of the CRPD as well as more recent regulations and directives in the domains of the physical environment, transportation, information and communications. It also briefly discusses accessibility of cultural goods and services, including audiovisual services. Then, the chapter turns to an examination of the proposal for a European Accessibility Act, which is currently under discussion in the EU legislative institutions. Additionally, the chapter examines accessibility requirements in public procurement legislation, and succinctly addresses the role of standardisation in guaranteeing accessibility. Finally, it goes on to discuss the role of state aid law and policy in fostering accessibility and in promoting the rights of persons with disabilities.

Chapter 4 analyses Article 5 CRPD, as a key norm to ensuring the exercise and enjoyment by persons with disabilities of all human rights without any discrimination. It also provides an analysis of the relevant constituent elements of Article 2 CRPD, which contains important definitions, for the purpose of applying Article 5 CRPD. It discusses in detail the duty to reasonably accommodate persons with disabilities, and it analyses the principle of equality in connection with positive action. The chapter examines the prohibition of multiple and intersectional discrimination, contained in Article 6 CRPD, and the rights of children with disabilities, as provided for in Article 7 CRPD. Finally, the chapter analyses from a theoretical and comparative perspective, the model of equality contained in the CRPD.

This chapter introduces the reader to the textbook and to the novelties and intricacies inherent to international and European disability law and policy. In that regard, the chapter begins with an overview of the developments that led to the emergence of disability law as an academic discipline. Thereafter, the chapter briefly discusses how the language of disability has changed over time. It then goes on to provide an account of the aims and objectives of this textbook, and it outlines the guiding perspective and the methodological approach adopted in the book. Finally, the chapter ends with an outline of the structure of the textbook as a whole.

Chapter 7 reflects on the scope of the right to access justice in the CRPD, taking into account the jurisprudence of the CRPD Committee. Firstly, it examines the right to access justice in international human rights law, before turning its attention to the barriers that people with disabilities face when they interact with the justice system on the whole. Then, the chapter discusses the scope and normative content of Article 13 CRPD and examines the role that other CRPD provisions play in ensuring equal access to the judicial system and protection from inhuman treatment in the event of a conviction. The chapter finally addresses the challenges associated with the participation of people with disabilities, either as victims or offenders, in the criminal justice system.

Chapter 5 reflects on how accessibility is understood in the CRPD and how it is interpreted by the CRPD Committee. It conducts a broad examination of the multidimensional concept of ‘accessibility’ and its relationship with universal design and assistive devices. It discusses the role of ‘accessibility rights’ in the Convention and focuses on the content and scope of Article 9, addressing the relationship between accessibility and non-discrimination. The chapter investigates the differences between accessibility and reasonable accommodation, in light of the CRPD Committee’s jurisprudence. Finally, the chapter briefly analyses Article 21 CRPD on access to information and communications.

Chapter 3 examines the negotiation process that lead to the adoption of the CRPD and provides a general overview of the innovative features of the Convention. It critically discusses the structure and core substantive rights of the CRPD, as well as its general obligations and general principles. In addition to analysing the role played by data collection and international cooperation in advancing disability rights, the chapter examines the role of the CRPD Committee in protecting and promoting the rights of persons with disabilities and in enhancing compliance with the CRPD globally. The chapter also explores the national monitoring and implementation system provided for in the Convention, including the role of the focal point and coordination mechanism. Finally, the role of bodies such as the UN Human Rights Council, the Office of the High Commissioner for Human Rights and the Special Rapporteur on the Rights of Persons with Disabilities in advancing the implementation of the CRPD are briefly discussed.