The UN Convention on the Rights of Persons with Disabilities and the European Union

The Impact on Law and Governance

Carmine Conte

• Éditeur: Hart Publishing
• Année: 2022
• ISBN:
  9781509945153
• Édition: 1
• Sujet: Droit
• Sous-sujet: Droit international

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.

Table des matières

• Cover
• Title Page
• 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?
• 2. The New Role for Civil Society under the CRPD
• 3. Ten Years after EU Accession to the CRPD: From Theory to Reality
• 4. The EU Legal Framework: Associative and Intersectional Discrimination
• 5. EU Governance and the Framework for Monitoring the CRPD
• 6. Conclusion: Time to Unleash the CRPD’s Full Potential
• Bibliography
• Index