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UN Convention on the Rights of Persons with Disabilities and the European Union: The Impact on Law and Governance [Kietas viršelis]

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(Migration Policy Group, Brussels)
  • Formatas: Hardback, 208 pages, aukštis x plotis: 234x156 mm, weight: 472 g
  • Serija: Modern Studies in European Law
  • Išleidimo metai: 24-Feb-2022
  • Leidėjas: Hart Publishing
  • ISBN-10: 1509945148
  • ISBN-13: 9781509945146
Kitos knygos pagal šią temą:
UN Convention on the Rights of Persons with Disabilities and the European Union: The Impact on Law and GovernanceDidesnis paveikslėlis
  • Formatas: Hardback, 208 pages, aukštis x plotis: 234x156 mm, weight: 472 g
  • Serija: Modern Studies in European Law
  • Išleidimo metai: 24-Feb-2022
  • Leidėjas: Hart Publishing
  • ISBN-10: 1509945148
  • ISBN-13: 9781509945146
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9781509945146.html
Raktažodžiai:
"This book analyses the impact of the UN Convention on the Rights of Persons with Disabilities (CRPD) on EU non-discrimination law and governance. The CRPD places the protection of persons with disabilities at the heart of international human rights law.The Convention is the first human rights treaty open for signatures by regional organisations, and the European Union favourably acceded to it in December 2010. Ten years after this historic event, this book explores whether the theory has been put into practice, and examines the effects of the CRPD on EU non-discrimination law and governance. This book brings together the practices of the European Court of Justice (CJEU) with regard to disability discrimination to show whether the CRPD is living up to its full potential to substantially improve the protection of the rights of persons with disabilities in the EU. It examines whether the judicial interpretation of the Directive 2000/78/EC, establishing a general framework for equal treatment in employmentand occupation, does or does not comply with the new legal background delineated by the CRPD. In addition, it investigates whether the governance mechanisms underlying the EU Framework for promoting, protecting and monitoring the CRPD are effectively fostering the implementation of the CRPD and the role of civil society. The prohibition of discrimination on grounds of disability has undergone substantial changes and developments since it was first introduced under international and EU law. This book highlights the main changes to disability discrimination which have occurred in the EU legal order in the last ten years. The book will be of interest to academics, law students and legal practitioners working in the field of EU non-discrimination and equality law"--

This book analyses the impact of the UN Convention on the Rights of Persons with Disabilities (CRPD) on EU non-discrimination law and governance. The CRPD places the protection of persons with disabilities at the heart of international human rights law. The Convention is the first human rights treaty open for signatures by regional organisations, and the European Union favourably acceded to it in December 2010. Ten years after this historic event, this book explores whether the theory has been put into practice, and examines the effects of the CRPD on EU non-discrimination law and governance.

This book brings together the practices of the European Court of Justice (CJEU) with regard to disability discrimination to show whether the CRPD is living up to its full potential to substantially improve the protection of the rights of persons with disabilities in the EU. It examines whether the judicial interpretation of the Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation, does or does not comply with the new legal background delineated by the CRPD. In addition, it investigates whether the governance mechanisms underlying the EU Framework for promoting, protecting and monitoring the CRPD are effectively fostering the implementation of the CRPD and the role of civil society.

The prohibition of discrimination on grounds of disability has undergone substantial changes and developments since it was first introduced under international and EU law. This book highlights the main changes to disability discrimination which have occurred in the EU legal order in the last ten years. The book will be of interest to academics, law students and legal practitioners working in the field of EU non-discrimination and equality law.

Recenzijos

With this work, Conte gives a very interesting and thoroughly detailed insight into the CRPD and their impact on Union law. The author's discussion of the issue of equal treatment makes an important contribution to the understanding of the interaction of these systems and encourages the reader to continue working on this exciting topic. -- Helena Auer * Newsletter Menschenrechte (Bloomsbury translation) * [ The UN Convention on the Rights of Persons with Disabilities and the European Union] is clearly written, informative, and meticulously researched. It is undoubtedly a valuable resource for students of EU disability rights law. -- Jeffrey Miller * Common Market Law Review *

Daugiau informacijos

This book looks at how EU law protects those with disabilities in light of the protections enshrined in the UN Convention on the Rights of Persons with Disabilities.
Foreword v
Acknowledgements vii
Abbreviations xv
Table of Cases
xvii
Table of Legislation and Statutory Materials
xxi
1 Introducing the CRPD: A New Approach to Equality and Non-Discrimination?
1(34)
I Introductory Remarks
1(1)
II Equality and Non-Discrimination: A New Approach for Disability Rights
2(2)
III The Complex and Intriguing Evolution of the Right to Equality in International Law
4(20)
A The Controversial `Sameness' Model
5(1)
B Embracing the Symmetrical Approach at International Level
6(2)
C Is the Formal Approach Adequate to Combat Discrimination?
8(1)
i The Shift Towards Substantive Equality: Acknowledging the Diversity
9(1)
ii Substantive Equality Jurisprudence
9(1)
iii Affirmative Actions as Special Measures to Achieve Equality
10(2)
D Beyond Differences: Time to Recognise Social Barriers and Positive Duties
12(2)
E The Prohibition of Discrimination under the CRPD: A New Inclusive Model
14(2)
i The Case of HM versus Sweden
16(1)
ii The Substantive Content of the Non-Discrimination Requirement
17(2)
F Defining the Concept of Multiple and Intersectional Discrimination
19(2)
i The Unsatisfactory One-Dimensional Approach to Discrimination
21(1)
ii Intersectional Equality under the CRPD: Women and Children with Disabilities
22(2)
IV The CRPD's Model of Disability: From a Social Construct Towards a Human Rights Approach
24(2)
V Reconceptualising the Human Rights Dichotomy
26(9)
A Disability Rights are Universal and Indivisible: Do Civil and Political Rights also Demand Economic Resources?
28(1)
B Disability Rights as (Quasi)-Justiciable Rights
29(1)
i The Right to Control One's Own Financial Affairs
30(2)
ii Debunking the Argument of the `Progressive Realisation of Socio-Economic Rights'
32(1)
iii The Peculiar Case of Accessibility: A Bridge between Civil-Political and Socio-Economic Rights?
33(2)
2 The New Role for Civil Society under the CRPD
35(20)
I The Rise of Civil Society in Global Governance
35(4)
A Participatory Democracy and Global Governance
37(1)
B Opening Up the Decision-Making Process
37(1)
C Ensuring Transparent Procedures
38(1)
II Mainstreaming Disability in the International Agenda
39(9)
A `Nothing about us without us': A Commitment to Participatory Democracy
40(1)
i The Participation of Persons with Disabilities in the Ad Hoc Committee
40(2)
ii The Working Group on the Convention: Mixing State Delegates and Stakeholders
42(1)
iii Civil Society's Main Achievements
43(1)
III Civil Society's Role in Implementing the CRPD at National Level
44(1)
A Institutionalising Civil Society
45(2)
B Awareness-Raising: A Synergetic Action between States Parties and NGOs
47(1)
IV Participatory Democracy in the EU: From the White Paper to the Lisbon Treaty
48(7)
A The Inclusive Process of the EUCFR's Adoption: The `Convention' Method
50(2)
B How to Improve EU Participatory Democracy? The Good Practice of the CRPD
52(3)
3 Ten Years after EU Accession to the CRPD: From Theory to Reality
55(36)
I An Overview of the Prohibition of Discrimination under EU Law
55(3)
A The EU Charter of Fundamental Rights
56(1)
B The Convention for the Protection of Human Rights and Fundamental Freedoms
57(1)
II Disability Rights in the EU
58(2)
III The EU Anti-Discrimination Framework: Directive 2000778/EC
60(3)
A Exploring the Meaning of Direct Discrimination
60(1)
B Introducing the Concept of Indirect Discrimination
61(1)
C Reasonable Accommodation: The Paramount Obligation
62(1)
IV Filling in the Gap: The Evolving Concept of Disability
63(13)
A The EU Approach to Disability
63(2)
i A First Controversial Approach of the CJEU
65(1)
ii Chacon Navas: A Missed Opportunity
66(1)
B An Intriguing Evolution: The Case of Ring and Skouboe Werge
67(1)
i Facts and Questions
68(1)
ii Defining Disability and the Personal Scope of the Directive
69(1)
iii Reasonable Accommodation as Adaptation of Working Hours?
70(1)
iv Addressing Indirect Discrimination: Legitimate Aim, Necessity and Proportionality
71(2)
v A Significant, but Incomplete, Development for EU Equality Law
73(3)
C Obesity and Disability: The Case of Kaltofi v Municipality of Billund
76(15)
i The Prohibition of Discrimination on Grounds of Obesity
77(1)
ii The Prohibition of Discrimination in the Labour Market: The CJEU's Minimalist Approach
77(1)
iii Is Obesity a Disability under the Equality Framework Directive?
78(2)
iv Should Obesity be Considered a Disability?
80(1)
D The Case of Daouidi: Clarifying the Long-Term Nature of the Impairment
81(2)
E Absence from Work on Grounds of Sickness: The Case of Ruiz Conejero
83(1)
i Factual Background and CJEU Key Findings
83(1)
ii Drawing the Line between Illness and Disability
84(1)
F Defining Disability beyond the Labour Market: The Case of Glatzel
85(1)
i The Problematic CJEU Assessment
86(1)
ii The Role of the CRPD: A Confusing Approach
87(1)
iii The EU Charter of Fundamental Rights: A Narrow Interpretation
88(1)
G Is the CJEU Still a Real Promoter of Disability Rights?
89(2)
4 The EU Legal Framework: Associative and Intersectional Discrimination
91(20)
I Discrimination by Association on Grounds of Disability
91(6)
A The Coleman Case: Factual Background
91(1)
B The Advocate General's Opinion
92(2)
C Analysis of the Judgment: Who Falls under the Protection of Discrimination by Association?
94(1)
D The Controversial Nature of Reasonable Accommodation
95(1)
E Concluding Remarks: A Shift Towards Substantive Equality
96(1)
II Why Does Multiple and Intersectional Discrimination Matter?
97(2)
III The Odar Case: Disability and Age Discrimination
99(2)
IV Surjit Singh Bedi v Bundesrepublik Deutschland: Collective Agreement and Intersectional Discrimination
101(1)
V The Case of Z v A Government Department: Gender and Disability
102(9)
A The Court's Findings
103(1)
B How to Deal with Multiple and Intersectional Discrimination under EU Law
104(2)
C The Failure to Apply the Human Rights Model of Disability
106(1)
D The Complex Interplay between International Law and EU Law
106(2)
E The Incongruous CJEU Reasoning: Time for a Change
108(3)
5 EU Governance and the Framework for Monitoring the CRPD
111(39)
I Ratifying and Implementing the UN Convention: Winners and Losers in the EU Institutional Game
111(1)
II The Negotiations of the CRPD and the EU
112(4)
A The Commission's Contribution to the Drafting of the CRPD
113(1)
B Ensuring Coordination between Various EU Actors
114(1)
C The Commission and the Union's External Policy Representation
115(1)
III Monitoring the CRPD's Implementation: New Governance Mechanisms
116(7)
A The Experimentalist Paradigm
117(1)
B The Open Method of Coordination (OMC)
118(2)
C The Focal Point
120(1)
D Coordination Mechanism between the EU and the Member States
121(2)
IV The EU Framework for Promoting, Protecting and Monitoring the CRPD
123(27)
A The Commission's Experimentalist Approach
125(1)
B The European Parliament and the Protection of Disability Rights
126(2)
i The PETI's Main Tasks and Achievements
128(2)
ii The Disability Intergroup of the European Parliament
130(1)
C The European Ombudsman
130(1)
i The Ombudsman's Own Initiatives
131(1)
ii The Ombudsman's Limited Mandate
132(1)
D The Monitoring Role of the EU Agency for Fundamental Rights
133(2)
E The EDF's Challenge to Open Up the EU Decision-Making Process
135(3)
F Focal Point and Coordination Mechanism: Innovative or Inefficient Practices?
138(1)
V Light and Shadow in the EU Independent Framework
139(1)
A The Commission's Withdrawal from the Framework: What Next?
139(2)
B Is the European Parliament Marginalised?
141(3)
C Is the OMC Appropriate?
144(1)
i An Overview of the Reporting Mechanism
144(2)
ii Enhancing the EU Independent Framework: Some Suggestions
146(2)
iii Proposal to Upgrade and Simplify the EU Independent Framework to Implement the CRPD
148(2)
6 Conclusion: Time to Unleash the CRPD's Full Potential
150(12)
I The EU Legal Framework: Main Findings
150(8)
A The Definition of Disability: A Missed Opportunity
150(2)
B The Legal Gaps in Addressing Multiple and Intersectional Discrimination
152(1)
C Indirect Discrimination and Reasonable Accommodation: Towards a Better Judicial Interpretation?
153(2)
D The Inclusive Equality Paradigm under the CRPD
155(1)
E The Complicated Relationship between the CRPD and the EU Legal System
155(1)
F Key Recommendations for Improving the Interpretation of EU Equality Norms
156(2)
II EU Governance: Main Findings
158(3)
A The Importance of Reforming the EU Independent Framework
159(1)
B Key Recommendations for Improving EU Governance Mechanisms
160(1)
C Good Governance and Participatory Democracy: The CPRD's Positive Practice
160(1)
III Time to Unleash the CRPD's Full Potential
161(1)
Bibliography 162(11)
Index 173
Carmine Conte is legal policy analyst at the Migration Policy Group, Brussels, Belgium.