European Yearbook of Disability Law

The field of disability law and policy is both new and rapidly expanding at European level. It covers a disparate range of subject areas including non-discrimination, transport, education, employment and housing. For the first time, the Yearbook draws all of the relevant developments at the European level together and provides an indispensable reference work for lawyers, public policy analysts, researchers, government agencies and civil society groups.
Author(s):
Lisa Waddington, Gerard Quinn
Series:
European Yearbook of Disability Law
Volume:
2
book | published | 1st edition
November 2010 | xiv + 412 pp.

Hardback
€63.75 €75.-


ISBN 9789400001282


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Details

This Yearbook reviews the significant developments at European level regarding disability law and policy. The field of disability law and policy is both new and rapidly expanding at European level. It covers a disparate range of subject areas including non-discrimination, transport, education, employment and housing. For the first time, the Yearbook draws all of the relevant developments together and provides an indispensable reference work for lawyers, public policy analysts, researchers, government agencies and civil society groups.

The Yearbook contains a series of essays on current challenges and developments from senior analysts and academics in the field. It aims to provide critical insight in the evolution of European disability law and policy and offers an analysis of pressing challenges in a broad range of fields.

The core of the Yearbook consists of a review of the preceding year’s significant events, as well as policy and legal developments within the institutions of the European Union. It reviews major EU policy developments, studies and other publications, legislative proposals, and non-discrimination case law from the European Court of Justice, as well as the outcomes of major conferences and other relevant events.

The Yearbook also reviews the relevant developments on disability issues within the Council of Europe and recounts for example, the work of the Committee of Ministers, the emerging case law of the European Court of Human Rights, the growing disability jurisprudence of the European Social Charter as well as developments within the other treaty monitoring bodies of the Council of Europe, such as the Committee for the Prevention of Torture and the Framework Convention for the Protection of Minorities.

The relevant work of other European level bodies in the field of disability including the OECD and the European Conference of Transport Ministers, especially with respect to emergency planning and disability, is also reviewed. An account is given of the relevant activities of various European level civil society groups including principally the European Disability Forum, the European Coalition for Community Living, and the Mental Disability Advocacy Group.

The Yearbook also contains a bibliography of major publications in the field of European disability law and policy as well as an annex containing the full text of the most significant documents and policy developments.

Chapters

Table of Contents (p. 0)

Editorial Tracing an Eventful Year in European Disability Law and Policy (p. 1)

Part I: Articles and Practitioners’ Notes

The UN Disability Convention and (Multiple) Discrimination: Should EU Non-Discrimination Law Be Modelled Accordingly? (p. 5)

The Law and Politics of US Participation in the UN Convention on the Rights of Persons with Disabilities (p. 29)

The Conclusion of the UN Convention on the Rights of Persons with Disabilities by the EC/EU: A Constitutional Perspective (p. 47)

Introduction to the Symposium: Digital Freedom and Disability – Lessons from Europe and the United States (p. 73)

Digital Freedom for Persons with Disabilities: Are Policies to Enhance e-Accessibility and e-Inclusion Becoming More Similar in the Nordic Countries and the US? (p. 77)

Law and Policy Challenges for Achieving an Accessible eSociety: Lessons from the United States (p. 103)

Challenging Disabling Barriers to Information and Communication Technology in the Information Society: A United Kingdom Perspective (p. 131)

Removing Accessibility Barriers to Telecommunications: A Pre-Requisite for Social Inclusion of Persons with Disabilities Contribution from the European Disability Forum (p. 149)

Contribution from the Commissioner for Human Rights of the Council of Europe (p. 153)

Part II : Annual Review of European Law and Policy

The European Union (p. 161)

The Council of Europe (p. 243)

Other European Intergovernmental Organizations and Civil Society Groups (p. 303)

Part III : Literature Review

Literature Review (p. 339)

Part IV : Annex of Key Documentation

Council Decision of 26 December 2009 Concerning the Conclusion, by the European Community of the United Nations Convention on the Rights of Persons With Disabilities (p. 365)

Council Conclusions on Accessible Information Society (p. 379)

Recommendation CM/Rec(2010)2 of the Committee of Ministers to member states on deinstitutionalisation and community living of children with disabilities (p. 385)

EDF Proposal for a European Pact on Disability (p. 395)

Wasted Time, Wasted Money, Wasted Lives…A Wasted Opportunity? - Executive Summary. ECCL Focus Report on how the current use of Structural Funds perpetuates the social exclusion of disabled people in Central and EasternEurope by failing to support the tran (p. 403)

About the series:

European Yearbook of Disability Law

[T]he European Yearbook of Disability Law is a significant undertaking by its editors and contributors. Its continuation in future years offers a very fertile ground for the exploration and development of both principles and legal practice in the European context. […] It is certainly vital as a reference work for those wishing to distill and update their knowledge of the complexity of the European institutional context (particularly for students and teachers of international disability law or of European law).’
Mark Priestley in (2011) Disability & Society, 245.

The European Yearbook of Disability Law is part of the ongoing research programme of the Maastricht Centre for Human Rights of Maastricht University and the Centre for Disability Law and Policy of the National University of Ireland Galway. It reviews the significant developments at European level regarding disability law and policy.

Each Yearbook contains a series of articles on current challenges and developments from senior analysts and academics working in the field. It aims to provide critical insight in the evolution of European disability law and policy and offers analysis of pressing challenges in a broad range of fields. The core consists of a review of the preceding year’s significant events, as well as policy and legal developments within the institutions of the European Union. It reviews major EU policy developments, studies and other publications, legislative proposals, and case law from the European Court of Justice and the European Court of Human Rights.

Editors:
- Prof. Gerard Quinn (National University of Ireland, Galway, Ireland);
- Prof. Lisa Waddington (Maastricht University, the Netherlands) and
- Dr. Eilionóir Flynn (National University of Ireland, Galway, Ireland).

Editorial Board:
Prof. Theresia Degener (Evangelischen Fachhochschule Rheinland-Westfalen-Lippe, Germany), Prof. Aart Hendriks (Vice President Dutch Equal Treatment Commission and Chair in Health Law, niversity of Leiden, the Netherlands), Prof. Bjørn Hvinden (Head of Research & Deputy Director NOVA, Norway), Dovile Juodkaite (Director, Global Initiative on Psychiatry, Vilnius, Lithuania), Anna Lawson ( Senior Lecturer in Law and Member of the Centre for Disability Studies, Leeds University, United Kingdom), Oliver Lewis (Executive Director, Mental Disability Advocacy Center, Budapest, Hungary), John Parry (Director, Commission on Mental & Physical Disability Law, American Bar Association, USA) and Shivaun Quinlivan (Law Lecturer, National University of Ireland, Galway, Ireland).

Advisory Board:
Prof. Peter Blanck (Chairman, The Burton Blatt Institute, Syracuse University, USA), Prof. Christopher McCrudden (Lincoln College, Oxford University, United Kingdom), Prof. Michael Stein (William & Mary School of Law and Executive Director, Harvard Project on Disability Harvard Law School, USA) and Yannis Vardakastanis (President of the European Disability Forum, EU).

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