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

Description

Ten years ago, the European Union made a historic accession to the UN Convention on the Rights of Persons with Disabilities (CRPD). This book analyses the impact of the CRPD on EU non-discrimination law and governance to date, and explores whether the theory has been put into practice. To understand if the CRPD is living up to its full potential to substantially improve the protection of the rights of persons with disabilities in the EU, this book brings together the practices of the European Court of Justice (CJEU) with regard to disability discrimination in the workplace. Additionally, 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. This book will be of interest to academics, law students, and legal practitioners working in the field of EU non-discrimination and equality law. Volume 109 in the Series Modern Studies in European Law Foreword Acknowledgements Contents Abbreviations Table of Cases Table of Legislation and Statutory Materials 1. Introducing the CRPD: A New Approach to Equality and
Non-Discrimination? I. Introductory Remarks II. Equality and Non-Discrimination: A New Approach for Disability Rights III. The Complex and Intriguing Evolution of the Right to Equality in International Law IV. The CRPD's Model of Disability: From a Social Construct Towards a Human Rights Approach V. Reconceptualising the Human Rights Dichotomy 2. The New Role for Civil Society under the CRPD I. The Rise of Civil Society in Global Governance II. Mainstreaming Disability in the International Agenda III. Civil Society's Role in Implementing the CRPD at National Level IV. Participatory Democracy in the EU: From the White Paper to the Lisbon Treaty 3. Ten Years after EU Accession to the CRPD: From Theory to Reality I. An Overview of the Prohibition of Discrimination under EU Law II. Disability Rights in the EU III. The EU Anti-Discrimination Framework: Directive 2000/78/EC IV. Filling in the Gap: The Evolving Concept of Disability 4. The EU Legal Framework: Associative and Intersectional Discrimination I. Discrimination by Association on Grounds of Disability II. Why Does Multiple and Intersectional Discrimination Matter? III. The Odar Case: Disability and Age Discrimination IV. Surjit Singh Bedi v Bundesrepublik Deutschland: Collective Agreement and Intersectional Discrimination V. The Case of Z v A Government Department: Gender and Disability 5. EU Governance and the Framework for Monitoring the CRPD I. Ratifying and Implementing the UN Convention: Winners and Losers in the EU Institutional Game II. The Negotiations of the CRPD and the EU III. Monitoring the CRPD's Implementation: New Governance Mechanisms IV. The EU Framework for Promoting, Protecting and Monitoring the CRPD V. Light and Shadow in the EU Independent Framework 6. Conclusion: Time to Unleash the CRPD's Full Potential I. The EU Legal Framework: Main Findings II. EU Governance: Main Findings III. Time to Unleash the CRPD's Full Potential Bibliography Index