EU Disability Law and the UN Convention on Rights of Persons with Disabilities

175 Pages·2016·6.99 MB·English

by  Lourenco Luisa

416DV83
Speakers’ presentations

EU DISABILITY LAW AND
THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH
DISABILITIES

SEMINAR FOR MEMBERS OF THE JUDICIARY

Trier, 24-26 October 2016

Funded by

the European Union

This seminar series has received financial support from the European Union
Programme for Employment and Social Innovation “EaSI” ‚
4-2020). For
further information please consult: ec.europa.eu/social/easi

With the support of the EFC European Consortium of Foundations on Human Rights and
Disability and the EDF European Disability Forum, and in cooperation with the European
Commission (Contracting Authority). The information contained in this publication does
not necessarily reflect the position or opinion of the European Commission.
Table of contents

UNCRPD: key features
Facundo Chavez Penillas

Discrimination on the basis of disability
Facundo Chavez Penillas

Disability in EU law
Pekka Pohjankoski

National Judges and Preliminary References before the Court of Justice
Pekka Pohjankoski

Workshop exercise
Pekka Pohjankoski

Equal recognition before the law under the CRPD
Facundo Chavez Penillas

Access to justice under the CRPD
Facundo Chavez Penillas

Reasonable Accomodation : What does it entail ?
André Gubbels

Workshop: Guaranteeing the enjoyment of rights and freedoms by disabled
people – the role of national judges
Inés de Araoz
Dolors Torrents

Detention of persons with disabilities: EU Law and the UN CRPD
Jean-Sébastien Blanc

Disability and Employment
André Gubbels

Ingewahrsamnahme von Menschen mit Behinderungen: Unionsrecht und die
BRK
Jean-Sébastien Blanc

Détention des personnes handicapées: droit européen et convention de l’ONU
Jean-Sébastien Blanc
What is disability?
Module 1
Objective Module flow
 Introduce participants  How disability works
to the current human
 Approaches to disability
rights approach to
 Charity approach
disability and explain
 Medical approach
the evolution of other
approaches  Consequences of charity and
medical approaches
 Social approach
 Human rights approach
 Key principles of a rights-based
approach
 Convention’s concept of disability
 Language and terminology
How disability works
Personal factors Environmental factors
Interaction
Social participation
Some personal factors
Physical Socioeconomic
(inherent) (individual impact)
male/female rich
skin colour
middle class
visual impairment
poor
hearing impairment
connected
physical impairment
isolated
intellectual impairment
educated
psychosocial impairment
fit / not fit illiterate
Environmental factors
Accessibility of Legal/policy Socioeconomic Services
environment (physical • Inclusive school/not
and informational) • Charity approach • Rural / city / big city inclusive
• Anti -discrimination • Rich / poor
• Hilly / flat • Inclusive health care/not
• Lack of accessibility • Supportive • Strong negative inclusive
• Partial accessibility • Measures (quotas...) attitudes and prejudice • Inclusive youth
• High levels of • Good enforcement • Positive awareness centres/not inclusive
accessibility • Poor enforcement • Open to change / closed • Inclusive livelihood
• Pro -poor support/not inclusive
• Technical aids
• Community- based
services
• Social support services
• Public / private
• Affordable
ENVIRONMENTAL
PERSONAL FACTORS
The
FACTORS
Physical (inherent) interaction
Accessibility Policy/legal
Socioeconomic Socio-
Services
(individual impact) economic
Interaction
Four approaches to disability
Convention
Time
Charity approach
Medical approach
Social approach
Human rights approach
Charity approach
Poor people, we should
help them, if we can and
want to…
Charity
house