Disability and non-discrimination law in the European Union

Disability and non-discrimination law in the European Union


Disability and non-discrimination law in the European Unionlaw in the European Union

An analysis of disability discrimination law within and beyond the employment field
European Network of Legal Experts in the non-discrimination field
Lisa Waddington and Anna Lawson

European Commission, Directorate-General for Employment, Social Affairs and Equal Opportunities, Unit G.2

Luxembourg: Publications Office of the European Union, 2009

ISBN 978-92-79-13617-7

"This report examines disability non-discrimination law in the European Union. It is divided into two main substantive sections – Part I and Part II.

Part I considers European Community (EC) law designed to combat disability discrimination, and specifically, the
disability provisions of the Employment Equality Directive (Directive 2000/78/EC, henceforth: the Directive). In
making this examination, the report draws on the Directive, including its preamble, and also (where available) on
relevant case law of the European Court of Justice (ECJ). The report also explores how the Member States have
transposed and interpreted specific provisions of the Directive, including examining how the personal scope of the
national legislation has been defined, and how the concept of reasonable accommodation has been elaborated on.

Part II considers issues of disability discrimination which are currently not covered by EC law. It focuses on areas
of social activity other than employment, such as access to goods and services, education, transport, housing and
social protection. After some discussion of the ways in which disability discrimination manifests itself in these areas, attention is turned to a consideration of various legal strategies which are used by Member States to counter such disability discrimination.


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