Disability and non-discrimination law in the European Union
Issued on 01/12/2009
The latest thematic report from the European Network of Legal Experts, entitled “Disability and non-discrimination law in the European Union” is just published. This report, authored by Lisa Waddington and Anna Lawson, is published by the European Commission on the authority of the European Network of Independent Legal Experts in the non-discrimination field, a network established and managed by MPG and the Human European Consultancy
The first part of the report examines the disability provisions of the Employment Equality Directive and also relevant case law of the European Court of Justice. It 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.
The second part of the report 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.
Finally the report presents an overview of Member States’ legislation on disability outside the field of employment, helping the reader to place disability discrimination in the context of EC anti-discrimination law.