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Research Handbook on EU Disability Law
This Research Handbook comes at an opportune time, and provides a comprehensive and wide-ranging exploration of relevant developments concerning disability rights at EU level. It also looks beyond the EU, focusing on how disability has been relevant in EU external relations. In addition, the Research Handbook considers the interface between EU disability law and Council of Europe law.
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Critical Acclaim
Contributors
Contents
More Information
This Research Handbook comes at an opportune time, and provides a comprehensive and wide-ranging exploration of relevant developments concerning disability rights at EU level. It also looks beyond the EU, focusing on how disability has been relevant in EU external relations. In addition, the Research Handbook considers the interface between EU disability law and Council of Europe law.
Expert contributors address key questions related to the scope and impact of EU disability law, examining its compliance with the UN Convention on the Rights of Persons with Disabilities (CRPD) and the gaps that remain to be filled in implementation by the EU. Analysing the most important and recent developments in EU disability law, the chapters in this Research Handbook trace its evolution, and assess the extent to which disability rights are protected and promoted in various strands of EU law and policy. The chapters highlight the connections, overlaps and inconsistencies which exist across those strands.
This thought-provoking Research Handbook will be a valuable resource for scholars; researchers and students of disability law, EU law and international law; as well as practitioners, policy makers, civil society organizations and European think tanks engaged with the fields of EU and international disability law.
Expert contributors address key questions related to the scope and impact of EU disability law, examining its compliance with the UN Convention on the Rights of Persons with Disabilities (CRPD) and the gaps that remain to be filled in implementation by the EU. Analysing the most important and recent developments in EU disability law, the chapters in this Research Handbook trace its evolution, and assess the extent to which disability rights are protected and promoted in various strands of EU law and policy. The chapters highlight the connections, overlaps and inconsistencies which exist across those strands.
This thought-provoking Research Handbook will be a valuable resource for scholars; researchers and students of disability law, EU law and international law; as well as practitioners, policy makers, civil society organizations and European think tanks engaged with the fields of EU and international disability law.
Critical Acclaim
‘This volume represents an indispensable, well-written, and very in-depth tool for those who study the rights of people with disabilities, at European and international levels. It presents a comprehensive and accurate overview of the history and development of EU disability law, accompanied by specific insights on issues and rights, ranging from the freedom of movement of people with disabilities to the copyright law or consumer law and disability. This book has the merit of involving scholars and experts with different backgrounds, tracing an accurate map of disability law.’
– Elena Vivaldi, Sant’Anna School of Advanced Studies, Italy
‘This Handbook offers a truly comprehensive and insightful analysis of the diverse ways in which EU law affects people with disabilities. Its impressive breadth of vision means that this book will be an essential point of reference for all those who seek to understand better the interaction of law and disability in a European context. It explains the positive steps taken in recent years, but it reminds us of the long road to inclusion that remains to be travelled.’
– Mark Bell, Trinity College Dublin, Ireland
‘The Research Handbook on EU Disability Law, edited by Delia Ferri and Andrea Broderick, weaves critical human rights issues into a comprehensive, but remarkably crisp, chronicle of a modern disability rights project. This timely work is a roadmap for diverse stakeholders navigating the unprecedented challenges facing the EU disability agenda arising from the global health and economic emergency.’
– Peter Blanck, Syracuse University, US
– Elena Vivaldi, Sant’Anna School of Advanced Studies, Italy
‘This Handbook offers a truly comprehensive and insightful analysis of the diverse ways in which EU law affects people with disabilities. Its impressive breadth of vision means that this book will be an essential point of reference for all those who seek to understand better the interaction of law and disability in a European context. It explains the positive steps taken in recent years, but it reminds us of the long road to inclusion that remains to be travelled.’
– Mark Bell, Trinity College Dublin, Ireland
‘The Research Handbook on EU Disability Law, edited by Delia Ferri and Andrea Broderick, weaves critical human rights issues into a comprehensive, but remarkably crisp, chronicle of a modern disability rights project. This timely work is a roadmap for diverse stakeholders navigating the unprecedented challenges facing the EU disability agenda arising from the global health and economic emergency.’
– Peter Blanck, Syracuse University, US
Contributors
Contributors: C. Bovis. A. Broderick, F. Casarosa, M. Chamon, S. Charitakis, C. Conte, S. Faccio, S. Favalli, D. Ferri, F. Hendrickx, A. Hoefmans, D. Hosking, E. McEvoy, C. O’Mahony, C.E. O’Sullivan, G. Palmisano, A. Pearson, J.J. Piernas López, S. Quinlivan, C. Sganga, T. Van den Sanden, A.P. van der Mei, M. Vanhegen, E. Varney, L. Waddington, P. Watson
Contents
Contents:
Preface xi
1 Introduction to the Research Handbook on EU Disability Law 1
Delia Ferri and Andrea Broderick
PART I THE HISTORY OF EU DISABILITY LAW, ITS SCOPE AND
INSTITUTIONAL ASPECTS
2 The EU disability strategy and the future of EU disability policy 12
Charles O’Mahony and Shivaun Quinlivan
3 Disability in the EU Charter of Fundamental Rights 29
Delia Ferri
4 Negotiation, ratification and implementation of the CRPD and its status
in the EU legal order 52
Merijn Chamon
5 The EU framework for monitoring the CRPD 71
Alexander Hoefmans
6 Political participation of people with disabilities in the EU 89
Lisa Waddington and Andrea Broderick
7 EU citizenship and disability 105
Charles Edward O’Sullivan
PART II DISABILITY RIGHTS IN EU LAW
8 Disability in EU non-discrimination law 121
Andrea Broderick and Philippa Watson
9 Disability in EU labour law beyond non-discrimination 146
Miet Vanhegen and Frank Hendrickx
10 Freedom of movement for persons with disabilities and coordination of
social security within the EU 164
Anne Pieter van der Mei
11 Disability in EU transport legislation 182
Eliza Varney and Abigail Pearson
12 Disability in EU copyright law 201
Caterina Sganga
13 Accessibility of goods and services 221
Stelios Charitakis
14 Disability and standardization 243
David Hosking
15 Disability and EU public procurement 263
Christopher Bovis
16 Public services and disability 284
Juan Jorge Piernas López
17 State aid law and disability 301
Delia Ferri and Juan Jorge Piernas López
18 EU structural and investment funds and disability 321
Emma McEvoy
19 The rights of people with disabilities in EU consumer law 343
Federica Casarosa
20 Disability in EU asylum law 359
Carmine Conte
PART III EXTERNAL DIMENSIONS
21 Disability in EU development cooperation 379
Tina Van den Sanden
22 Disability in EU trade and investment agreements 396
Sondra Faccio
23 The European Convention on Human Rights and Disability 414
Silvia Favalli
24 The European Social Charter and disability 431
Giuseppe Palmisano
25 Conclusion to the Research Handbook on EU Disability Law 448
Andrea Broderick and Delia Ferri
Index 460
Preface xi
1 Introduction to the Research Handbook on EU Disability Law 1
Delia Ferri and Andrea Broderick
PART I THE HISTORY OF EU DISABILITY LAW, ITS SCOPE AND
INSTITUTIONAL ASPECTS
2 The EU disability strategy and the future of EU disability policy 12
Charles O’Mahony and Shivaun Quinlivan
3 Disability in the EU Charter of Fundamental Rights 29
Delia Ferri
4 Negotiation, ratification and implementation of the CRPD and its status
in the EU legal order 52
Merijn Chamon
5 The EU framework for monitoring the CRPD 71
Alexander Hoefmans
6 Political participation of people with disabilities in the EU 89
Lisa Waddington and Andrea Broderick
7 EU citizenship and disability 105
Charles Edward O’Sullivan
PART II DISABILITY RIGHTS IN EU LAW
8 Disability in EU non-discrimination law 121
Andrea Broderick and Philippa Watson
9 Disability in EU labour law beyond non-discrimination 146
Miet Vanhegen and Frank Hendrickx
10 Freedom of movement for persons with disabilities and coordination of
social security within the EU 164
Anne Pieter van der Mei
11 Disability in EU transport legislation 182
Eliza Varney and Abigail Pearson
12 Disability in EU copyright law 201
Caterina Sganga
13 Accessibility of goods and services 221
Stelios Charitakis
14 Disability and standardization 243
David Hosking
15 Disability and EU public procurement 263
Christopher Bovis
16 Public services and disability 284
Juan Jorge Piernas López
17 State aid law and disability 301
Delia Ferri and Juan Jorge Piernas López
18 EU structural and investment funds and disability 321
Emma McEvoy
19 The rights of people with disabilities in EU consumer law 343
Federica Casarosa
20 Disability in EU asylum law 359
Carmine Conte
PART III EXTERNAL DIMENSIONS
21 Disability in EU development cooperation 379
Tina Van den Sanden
22 Disability in EU trade and investment agreements 396
Sondra Faccio
23 The European Convention on Human Rights and Disability 414
Silvia Favalli
24 The European Social Charter and disability 431
Giuseppe Palmisano
25 Conclusion to the Research Handbook on EU Disability Law 448
Andrea Broderick and Delia Ferri
Index 460
