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    Reasonable Accommodation as a Gateway to the Equal Enjoyment of Human Rights: From New York to Strasbourg


    Ferri, Delia (2018) Reasonable Accommodation as a Gateway to the Equal Enjoyment of Human Rights: From New York to Strasbourg. Social Inclusion, 6 (1). pp. 40-50. ISSN 2183–2803

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    Abstract

    The UN Convention on the Rights of Persons with Disabilities (CRPD) explicitly embeds the concept of reasonable accommodation within the principle of non-discrimination. Article 2 of the CRPD unambiguously recognizes that reasonable accommodation is vital in enabling persons with disabilities to enjoy and exercise their rights on an equal basis with others. This article argues that in the ten years since its entry into force, the CRPD has stimulated a process of cross-fertilization. In particular, it contends that the CRPD has played a crucial role in the advancement of disability equality, and in the recognition of reasonable accommodation as a gateway to the equal enjoyment of all human rights within the European human rights system. By adopting a legal perspective and a traditional doctrinal approach, this article focuses on relevant European Court of Human Rights (ECtHR) case law. It shows the gradual adoption by the ECtHR of the concept of reasonable accommodation as an essential element to remove specific barriers or disadvantages to which a particular disabled individual would otherwise be subject. The primary emphasis of this short article is on the ECtHR case law and on the extent to which it has translated the CRPD and the work of the CRPD Committee into the European human rights system.

    Item Type: Article
    Keywords: disability; discrimination; equality; human rights; legislation; reasonable accommodation;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 11715
    Identification Number: https://doi.org/10.17645/si.v6i1.1204
    Depositing User: Delia Ferri
    Date Deposited: 18 Nov 2019 11:34
    Journal or Publication Title: Social Inclusion
    Publisher: Cogitatio Press
    Refereed: Yes
    URI:

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